Write an Islamic Wills for Estate Planning and Inheritance

HOW TO WRITE AN ISLAMIC WILLs

Sharia-compliant wills are an important way to ensure that your assets are distributed in accordance with Islamic law. Sharia is the body of Islamic law, and it contains detailed guidelines for managing finances and distributing assets. While many Muslims choose to follow Sharia out of religious conviction, others find that it provides a sound financial framework that can help to preserve their wealth. When Writing a Sharia-compliant will, it is important to consult with qualified Sharia scholars and Experts who can advise you on the best way to distribute your assets. In general, Sharia requires that assets be divided fairly among all heirs, though there may be some flexibility in how this is done. Once you have consulted with a Sharia Wills writing expert and determined how to distribute your assets, you should write a Sharia-compliant will that includes specific instructions for your executor. With a Sharia-compliant will in place, you can have peace of mind knowing that your assets will be handled in accordance with Islamic law.

Everything you own is known as your estate or property. Writing a will is important because it indicates who should get a certain portion of your possession. Money, gold, jewelry, a house, and even clothes can be distributed in a will. It is crucial in all communities for if you die without writing a will, the estate wills be divided as per the law and may not be according to your wish. Also, the absence of a will leads to court cases and fights for custody of the estate. Islam believes in equity, equality, and justice. And hence, writing an Islamic will is important.

Sharia-compliant wills are an essential part of estate planning for Muslims. Sharia is the Islamic law that governs all aspects of Muslim life, including inheritance. Under Sharia, certain assets must be distributed according to specific rules. For example, a Muslim husband must provide for his wife and children from his estate. As a result, Sharia-compliant will help to ensure that a person’s assets are distributed in accordance with their wishes and in accordance with Sharia law. Sharia-compliant wills can be complex, but they are an essential part of ensuring that a person’s estate is handled according to their wishes and in accordance with Sharia law.

Quran & Sunnah guidance on Islamic Inheritance

Key components of an Islamic Wills

Sharia-compliant wills are an important part of many people’s lives. While the Sharia is the body of Islamic law, Sharia-compliant wills are created to adhere to the Sharia in order to be valid in an Islamic court. There are several key components that must be included in a Sharia-compliant will in order for it to be valid.

• First, the testator, or the person who is creating the will, must be of sound mind and have the capacity to understand what they are doing.
• Second, the will must be in writing and witnessed by two Muslim men who are of good character.
• Third, the Testator must declare their name and address, as well as their intentions for the will.
• Lastly, the Testator must sign the will in front of witnesses in order for it to be valid.

These key components ensure that a Sharia-compliant will is created correctly and can be used in an Islamic court.

An Islamic will distribution is different from the English version and must be keenly devised. It is important as:

• It is a religious task for everyone to divide everything one owns in their life to avoid disputes after the death
• The English rules for intestacy (no wills for an estate) are not ideal according to our religious laws. Therefore, if you live in a non-Muslim country, you should prepare an Islamic will before demise so the asset is distributed justly
• If your children are younger than 18, and your partner has died, you can provide them with a better future by choosing their legal guardians in the will.

The importance of inheritance in Islam and wills 

Sharia-compliant wills are an important part of Islamic inheritance law. Under Sharia, Muslims are not allowed to disinherit their heirs. This means that if a Muslim dies without a will, their estate will be divided according to Sharia rules. Sharia-compliant Islamic will allow Muslims to make sure that their estate is distributed according to their wishes. Sharia-compliant wills can also help to avoid disputes between heirs. If a will is not Sharia-compliant, it may be challenged in court and the estate may be divided according to Sharia rules. This can lead to heirs receiving less than they would have otherwise received or even being completely disinherited. For these reasons, it is important for Muslims to make sure that their wills are Sharia-compliant.

An Islamic will is a legal document that decides everything about your estate and what will happen to it after your death. It is important as it may help your family avoid disputes. Without Islamic will, the division becomes laborious and stressful. And may remain undissolved for years. As talked about earlier, not having a will means that the law will divide your estate among your family and it may be not what you would have done.

One of the most important things that Muslims need to do is ensure that their financial affairs are in order. This includes making provisions for their loved ones in the event of their death. Sharia-compliant Islamic wills are an essential part of this process, as they provide a way to ensure that one’s assets are distributed in accordance with Islamic law. While the exact requirements for a Sharia-compliant wills vary depending on the country and school of thought, there are some general principles that must be followed.

• First and foremost, all debts must be paid off before any assets can be distributed.
• Secondly, certain family members (such as spouses and children) must be taken care of first.
• Finally, any charitable donations must be made in accordance with Sharia law.

By following these guidelines, Muslims can ensure that their financial affairs are in order and that their loved ones are taken care of after they passed away.

Learn More About Islamic Inheritance Calculator

Proceeding with the formulation of a will

In cases, where you have a small family and you don’t intend to divide your assets among anyone other than your nuclear relatives, testaments are quite simple. In the presence of second families, or people, other than family, that depend on your financial help, proper planning is required. The living will in Islam is formulated in two major steps:

• Planning it out: talk to your family and friends about your idea of distribution and listen to their amendments. Also, list out everything you want to divide and try to be fair and just
• Writing the will: three categories of testaments exist depending on the nature of your will and the wishes of the estate division. A simple will is when the candidates come from your nuclear family. A complex will is formulated if your marital or family status is different than usual. Lastly, if you want to donate some of your property to trusts, a specialist will along with tax planning under consideration.

Evaluating the assets

In this process, you are to calculate how much you own including cash and material estate. The Islamic inheritance calculator can help calculate the number of shares in no time. If the estate surpasses a set amount you need to consider strategies that avoid tax. Some of these are:

• Inter vivas; it is to be incorporated if formulated seven years or more before one’s death
• Donating one-third of a large asset to charities. Many countries do not ask for taxes on charities and donations

The need for a solicitor

Making a will is a personal choice and you can definitely do it on your own. But to make sure it follows the legal acts and statements, professional help is beneficial. Some of the points to remember are:

• The writer must be over 18 years of age
• He/she must be in the right mental state
• To be legal, a will must be in a written format
• If you re-structure your will, you need to mention the most updated and final version
• For a will to be functional, it must be signed in the presence of two witnesses who are neither your husband/wife nor a legal facilitator. These two witnesses must attest to the will as well

Your final moments

Your will should include your burial instructions and it must be following Islamic laws. This section includes who is not allowed to see or touch your dead body, where you want to be buried, etc.

Dividing the asset

You are the master of your will and can give anyone whatever you want but some things must be kept in view.

• The family must be given a fair and legal share and can always exclude distant relatives
• A residuary clause deal must be mentioned in the will that talks about the estate in the absence of any surviving relative

The beneficiaries

Your will must include at least 4 people who are given the task of executing the will as per your wish. These people can be lawyers but if you don’t want to pay someone, friends and family will also do.

Witnesses

The people you trust must be there when you are writing a will as your witnesses. These cannot be your beneficiaries or spouses. According to a sharia-compliant will, one man’s witness is equal to two women’s statements. It is important to note that any of your inheritors are not supposed to be your witness.

Your will must be up-to-date

A will’s validity can be affected by multiple minor or major factors including marital and family status. You must review your will every now and then in case you want to make any changes. If a major change is required, a new will must be written. In the case of minor changes, a Codicil is sufficient. A codicil is when you add or remove something minor from an existing will. But never do it by crossing anything out in the written format, otherwise, the will becomes illegal.

Sections of an Islamic will

According to the hadith on will in Islam, it must contain the following sections:

1. Your testimony
2. Your debts and from whom should they be collected if you fail to pay them before death
3. If someone has kept his/her things with you, who shall collect it
4. Sadaqah or donation in the name of ALLAH (it must not be more than 1/3^rd of the total estate
5. Final signatures and dates
6. Amendments, only if required along with signatures and dates

For a detailed guide, you can utilize the Islamic will template USA Islamic will 1/3.

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Islamic Wills: Why You Need One

What is the Islamic Law of Inheritance, Estate Planning, and Creating Wills?

Application Form will

PART A: Personal details - Step 1 of 10

PART A: personal details

Name *

First

Last

Date of Birth *

U.S. Citizen

• Yes
• No

Spouse

First

Last

Spouse Date of Birth *

Enter Spouse Date of Birth

U.S. Citizen

• Yes
• No

Address *

Address Line 1

City

State / Province / RegionAlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingState

Zip Code

Name of your County / City ?

Email *

Phone *

Next

PART B: family members
1 - Details of your children and grandchildren

Full name of child 1

Please enter the name of your child or grandchild

Date of birth

Please enter the DOB of this person

Gender

• Male
• Female

Address

Only enter the address if it is diffrent then yours

Full name of child 2

Please enter the name of your child or grandchild

Date of Birth

Please enter the DOB of this person

Gender

• Male
• Female

Address

Only enter the address if it is diffrent then yours

Full name of child 3

Please enter the name of your child or grandchild

Date of Birth

Please enter the DOB of this person

Gender

• Male
• Female

Address

Only enter the address if it is diffrent then yours

Full name of child 4

Please enter the name of your child or grandchild

Date of Birth

Please enter the DOB of this person

Gender

• Male
• Female

Address

Only enter the address if it is diffrent then yours

2 - Details of your parents

Husband's Fathers full name

Please enter the name of husband's Father

Fathers address

Only enter the address if it is diffrent then yours

Husband's Mothers Full name

Please enter the name of Husband's mother

Mothers address

Only enter the address if it is diffrent then yours

Wife's Fathers full name

Please enter the name of Wife's Father

Fathers address

Only enter the address if it is diffrent then yours

Wife's Mothers Full name

Please enter the name of Wife's mother

Mothers address

Only enter the address if it is diffrent then yours

4 - Details of siblings (brothers and sisters), and including half siblings

Number of Brother(s) for Husband

Number of sisters(s) for Husband

Number of brother(s) for Wife

Number of Sisters(s) for Wife

Next

PART E: Appointment of Guardians
Please indicate who you would like to act as Guardian(s) for your children in the event that both parents die before they reach the age of 18.

1st Guardian Fullname

Enter First Guardian Fullname

1st Guardian Relationship

Enter First Guardian Relationship

1st Guardian Address

Enter First Guardian Address

Phone

Email

Please also provide details of substitute Guardian(s) should your original appointees become unable to carry out this role.

2nd Guardian Fullname

Enter Second Guardian Fullname

2nd Guardian Relationship

Enter Second Guardian Relationship

2nd Guardian Address

Enter Second Guardian Address

Phone

Email

Next

3 - If any of your parents have passed away, please provide details of your grandparents

Husband's Primary Physician Name

Please enter the Husband's Primary Physician

Husband's Primary Physician Address

Husband's Primary Physician Address

Husband's Primary Physician Phone #

Please enter the Husband's Primary Physician Phone#

Would you like your agent to have the power the direct your health care providers to withdraw or withhold life-prolonging procedures?

• Yes
• No

Would you like your agent to have the power the direct that artificially administered food and water be withdrawn or withheld?

• Yes
• No

Do you want to give your agent the authority to carry out your wishes for organ, tissue or body donation after your death?

• Yes
• No

Choose the statement the best expresses your wishes Please chose one

• I consent to an autopsy
• I do not consent to an autopsy
• My agent may give or refuse consent to an autopsy

Choose the statement that best expresses your preferences

• I have already made arrangements or signed a document expressing my wishes for burial or cremation that my agent should follow.
• I want my agent to decide whether my body will be buried.
• I do not authorize my agent to make decisions about burial.

You can express detailed wishes about donating your organs, tissues or body.

• I have already made arrangements or signed a document expressing my wishes for organ, tissue or body donation, which my agent should follow.
• I want to leave instructions about organ, tissue or body donation in the document
• I do not want to donate my organs, tissues or body after my death
• I want my agent to decide whether or not to donate my organs, tissues or body after my death.

Specifying your Health Care Wishes

• I want my agent to make all treatment decisions for me.
• I want to specify my wishes for medical treatment. I understand that my agent will make decisions for me on matters I do not address.

End-Of-Life Decisions for Husband.

• Prolong Life as long as possible within the generally accepted health care standards.
• My agent should ask," is the proposed treatment an aid to recovery or merely a prolongation of inevitable death". Do not prolong my life if:

BURIAL WISHES
please provide details in the details.

At my death, I wish to be buried at.

Wife's Primary Physician Name

Wife's Primary Physician Name

Wife's Primary Physician Address

Wife's Primary Physician Address

Wife Primary Physician Phone #

Please enter Wife's Primary Physician Phone #

Would you like your agent to have the power the direct your health care providers to withdraw or withhold life-prolonging procedures?

• Yes
• No

Would you like your agent to have the power the direct that artificially administered food and water be withdrawn or withheld?

• Yes
• No

Do you want to give your agent the authority to carry out your wishes for organ, tissue or body donation after your death?

• Yes
• No

Choose the statement the best expresses your wishes Please chose one

• I consent to an autopsy
• I do not consent to an autopsy
• My agent may give or refuse consent to an autopsy

Choose the statement that best expresses your preferences

• I have already made arrangements or signed a document expressing my wishes for burial or cremation that my agent should follow.
• I want my agent to decide whether my body will be buried.
• I do not authorize my agent to make decisions about burial.

You can express detailed wishes about donating your organs, tissues or body.

• I have already made arrangements or signed a document expressing my wishes for organ, tissue or body donation, which my agent should follow.
• I want to leave instructions about organ, tissue or body donation in the document
• I do not want to donate my organs, tissues or body after my death
• I want my agent to decide whether or not to donate my organs, tissues or body after my death.

Specifying your Health Care Wishes

• I want my agent to make all treatment decisions for me.
• I want to specify my wishes for medical treatment. I understand that my agent will make decisions for me on matters I do not address.

End-Of-Life Decisions for Husband.

• Prolong Life as long as possible within the generally accepted health care standards.
• My agent should ask," is the proposed treatment an aid to recovery or merely a prolongation of inevitable death". Do not prolong my life if:

BURIAL WISHES
please provide details in the details.

At my death, I wish to be buried at.

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PART C: Your Assets
If you answer 'Yes' to any of the following questions please provide details in the details box on the right.

Do any of your beneficiaries have a learning disability, special educational, medical or physical needs?

• Yes
• No

Do you have any relatives (other than children) who depend on you for all or part of their support?

• Yes
• No

Do you think any of your beneficiaries have special problems with spouses, drugs, alcohol or handling money?

• Yes
• No

Do you have an existing Marital Property Agreement?

• Yes
• No

Do either of you expect to inherit substantial assets ($100K +)?

• Yes
• No

Is your estate worth more than $1,000,000? (Current inheritance tax threshold):

• Yes
• No

If a beneficiary dies prior to the second spouse’s death, do you want the assets to go to that beneficiary’s issue (children)?

• Yes
• No

Do you want assets passing to your beneficiaries to be held in trust until a specific age or ages?

• Yes
• No

Do you have existing Wills?

• Yes
• No

Do you have any existing trusts?

• Yes
• No

Are you a director of a company or a partner in a firm?

• Yes
• No

Are you a beneficiary of a trust, whether or not you receive income from it?

• Yes
• No

Do you own any foreign property including bank accounts?

• Yes
• No

Do you own any agricultural assets?

• Yes
• No

Do you own your home?

• Yes
• No

Are you

• Sole owner of own house
• Joint tenant
• Tenants in common

Name of co-owner

Your share

Further details

Enter Further detail of your assets

SCHEDULE OF ASSETS
The schedule of assets should sufficiently identify the asset, but should not state values. For example, on bank accounts you would list the name of the bank and the account number, but you would not list how much money is in the account.

Real Estate Owned
only complete this section for the trust. list of all the properties you own

Address, City, State

Address, City, State

Address, City, State

Securities Owned
list of all the Securities you own

List of assets

Assets

Assets

Bank Accounts
list of all the Bank Accounts you own

Bank Name and Address:

Account Number

Bank Name and Address:

Account Number

Bank Name and Address:

Account Number

Other AssetsA
list of any other assets you own

Assets

Assets

Assets

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PART D: Appointment of Executors
It is recommended that you appoint at least two Executors especially if you have children under 18 years of age.

1st Executors Fullname

Enter First Executors Fullname

1st Executors Relationship

Enter First Executors Relationship

1st Executors Address

Enter First Executors Address

Phone

Email

2nd Executors Fullname

Enter Second Executors Fullname

2nd Executors Relationship

Enter Second Executors Relationship

2nd Executors Address

Enter Second Executors Address

Phone

Email

You may wish to appoint substitute Executors in the event that the original Executors cannot act for you for whatever reason.

1st Substitute Executors Fullname

Enter First Substitute Executors Fullname

1st Substitute Executors Relationship

Enter First Substitute Executors Relationship

1st Substitute Executors Address

Enter First Substitute Executors Address

Phone

Email

2nd Substitute Executors Fullname

Enter Second Substitute Executors Fullname

2nd Substitute Executors Relationship

Enter Second Substitute Executors Relationship

2nd Substitute Executors Address

Enter Second Substitute Executors Address

Phone

Email

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1st Power of Attorney Full Name

Enter 1st Power of Attorney Full Name

1st Power of Attorney Address

Enter 1st Power of Attorney Address

Phone

Enter 1st Power of Attorney Phone

2nd Power of Attorney Full Name

Enter 2nd Power of Attorney Full Name

2nd Power of Attorney Address

Enter 2nd Power of Attorney Address

Phone

Enter 2nd Power of Attorney Phone

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PART F: Distribution of 1/3rd of your estate
Please give details of any gifts – maximum of 1/3 of your estate - which you may wish to leave to those not automatically entitled to a share under the Qur'an. This can include gifts to charitable organisations and non Muslim relatives.

First Person

1. Full name of person/charity

Enter Full name of person/charity

Amount/percentage:

Enter amount/percentage:

Address

Enter Address

Relationship

Enter Relationship

Second Person

2. Full name of person/charity

Enter Full name of person/charity

Amount/percentage

Enter amount/percentage:

Address

Enter Address

Relationship

Enter Relationship

Third Person

3. Full name of person/charity

Enter Full name of person/charity

Amount/percentage

Enter amount/percentage:

Address

Enter Address

Relationship

Enter Relationship

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PART G: Funeral Instructions
Our Wills contain provisions for you to have a Muslim burial. If you would like to leave specific instructions on funeral, burial and condolence these can be incorporated in a letter of wishes. Please specify your instructions below.

Please Accept if you would like to use our standard letter of wishes which is in accordance with the Sunnah of our beloved Prophet Muhammad (may the peace and blessings of Allah be upon him) *

• accepted

Specific instructions on funeral

Next

PART Approving our services
I agree to pay all the estate planning services fees in full prior to the document’s preparation. I agreed that the fee for services will not be refunded in case of terminating the services contract after document are completed by any reason. This contract contains the whole agreement between us about our relationship with each other and our legal fees and expenses. It will not be changed unless you and we both agree and sign any changes. It will legally bind anyone, such as heirs or legal representatives who replace either you or us, but it does not legally bind other lawyers. If you are satisfied with this contract, please sign and date both copies and return one of them to us. Keep one for your records. If there is anything you do not agree with, or if there is anything you would like to discuss before signing, please call or write us.

PART I: Declaration

Declaration

• I consent to Islamic Wills & Trust acting on my behalf in order to prepare my Will in accordance with the instructions I have provided herein.
• I confirm that the information that I have provided is correct and complete and represents my wishes.

Your Name *

Date of will

Phone

Submit