Estate planning can be a complicated process. It is time-consuming and requires you to make difficult, emotional decisions. Estate planning is especially tricky for Muslims in America. The documents you draft need to comply not only with state and federal laws, but also to Sharia law.
The problem is that many American Muslims do not have access to a reliable Sharia will template, nor the necessary expertise to customize that template to fit their needs. They need legal expertise to help them customize this important document. In addition, estate planning is a complex area of law and each individual estate plan can, and will, vary greatly based on one’s personal, financial, and familial situation. No template can be an adequate substitute for a comprehensive estate plan that is customized to cover a person’s individual needs upon careful analysis of their personal and financial circumstances.
Here at Islamic Wills USA, we recognize this unique challenge. Our experts have specialized knowledge of financial and legal matters and understanding of Sharia law. We can create estate plans that adhere to your religious standards while also providing secular benefits and cost savings.
We base our work off of proprietary Islamic will guidelines and create custom solutions for you. With us, you can rest knowing that your will abides by Sharia law.
Contact us today for our expert Islamic estate planning services.
How to Make an Islamic Will
We go beyond a standard Islamic Will Template. We use our proprietary Sharia will guidelines to get you started. Through our customized solutions, our lawyers will help you customize it to fit your needs. See below for the information and considerations you need to get started with an Islamic will.
Value Your Assets
Before making the document, you should list everything you own.
In legal terms, this list constitutes your estate. Your estate includes your savings, possessions, house, car, etc. It also consists of any debts you have (zakah, unpaid dowry, etc.).
Depending on how much your estate is worth and where you live, your estate may be subject to inheritance tax. We can help you determine the appropriate tax-avoidance strategies.
Decide on Your Funeral and Burial Arrangements
You should specify how you would like your family to carry out your funeral and burial arrangements.
Here, you can specify your burial proceedings, whether you want to donate your organs, etc.
The practices should be per Islam. For instance, in a Sharia will template or outline, you should specify:
- A request for a Muslim burial
- The release of your body for immediate burial after death
- Demand for your body not to be subject to a routine post-mortem examination
Decide What to Leave to Whom
Under Sharia law, two-thirds of your estate goes to your legal heirs. Your legal heirs include your surviving spouse and blood relatives.
As for the remaining one-third of your estate, you can do whatever you like with it. You may choose to donate it, leave it to a family member, or other causes.
Choose Your Executors Wisely
You can choose up to four executors to carry out your wishes.
Some people choose lawyers to be their executors. However, you will have to pay for these services.
Others choose family or friends to be executors. If you go this route, make sure they are willing to take on this difficult task. (Note that executors may also be beneficiaries.)
Choose a Guardian for Your Children
If you have children under the age of 18, you should appoint a guardian to take care of them. They assume legal custody of your children if you and your spouse die while they are minors.
Appointing a guardian is particularly crucial if you want your child raised as a Muslim. If you do not specify guardianship in your will, a non-Muslim relative may gain custody of your child.
A good Islamic will template will have you specify who should manage your child’s shares until they turn 18. You also want to set down in writing how the guardian can use these shares (for education, childcare, etc.)
Choose Your Witnesses
Ideally, you should choose two Muslim men as witnesses. If necessary, you may select two non-Muslim men.
Women also may serve as witnesses. Under Sharia law, two women may witness in place of one man. Under American law, one woman may witness in place of one man.
Note that beneficiaries may not also be witnesses.
Keep Your Will Safe
Once you have signed your will, store it in a safe place. You can keep it in your possession or give it to a trusted friend or relative.
Make sure your executors know where the original document is and keep a photocopy for your records.
Keep Your Will Up to Date
Review your will regularly to make sure it is up to date.
It is vital to make edits as necessary. Noting changes such as your marital status ensures the will remains valid.
If you must make edits, never cross out/add words. Use a solicitor like Islamic Will USA to add a codicil. If the changes are substantial, you may need to make an entirely new document.
Contact Us Today
As we have discussed, writing an Islamic will is an essential document for Muslims. It protects your family’s well-being and ensures you comply with Sharia law.
Some Muslims might try to create one on their own. But, without expert help, using an Islamic will template can create more problems than it solves.
Here at Islamic Will USA, we work efficiently to create a will that meets your needs and adheres to your Islamic values. Contact us today for professional, customized services.