An Islamic will is a legal document that is drafted to ensure that your assets are distributed in accordance with Islamic (Sharia) law, after your death. A will only comes into force on your death.
- It requires careful drafting to ensure the will is compliant with the laws of your country as well as Islamic (Sharia) law.
- For an Islamic will to be valid, it must be in writing and must comply with certain formalities.
- An Islamic will is not just for the elderly. It is also important for anyone who has children, as you can then appoint legal guardians for your minor children, should they be under the age of 18 when you die.
- Allah has made it the duty of all Muslims to leave a will to dispose of their financial affairs following death. The precise details of who inherits and how much they inherit, are laid out in the Quran and hadith (Surah Al-Baqarah, Verse 180)
- A Muslim may leave a gift of up to one third of the remainder of their assets to anyone not entitled to a fixed share under Islamic law, e.g. to a charity or other individual i.e. non-believer, adopted, step, or illegitimate child
- An Islamic will is drafted to ensure that your estate is to be dealt with in accordance with Islamic (Sharia) law, with particular attention paid to the specific shares that are to be distributed amongst specific family members.
- An Islamic will states who you have appointed to deal with the administration of your estate (your executors) and ensures that your executors have all the necessary powers they need to deal with the administration of your estate in accordance with Islamic law.
- Anyone can make a will providing you are aged 18 or over and of sound mind, memory and understanding.
- An Islamic will ensures that you have your affairs in order and avoids loved ones having to face unnecessary legal and financial difficulties at a very difficult time.
- An Islamic will can prevent conflict amongst family members as to who is to act as guardian(s).
- If no gifts are left then the entire estate shall be distributed in fixed shares as prescribed in the Quran, where certain fixed shares pass to certain family members. This is usually your parents, spouse and children.
How to utilise an Islamic will in 2016
You can make your own Islamic will without the assistance of a solicitor or Imam, but it is important to note that even a small mistake could invalidate your will and effectively make your will non-compliant with Islamic law. Mansoor is a qualified adviser that will help you prepare your Islamic will in accordance with your wishes and ensuring that your estate is distributed in accordance with Islamic law. His knowledge is based on the authentic lectures and books of Sheikh Muhammad Al Jibaly.
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