Wed, 01 Feb 2023

WHY YOU REQUIRE AN ISLAMIC WILL?

PRwire360
24 Jan 2023, 03:02 GMT+10

WHAT IS THE ISLAMIC WILL?
The Islamic Wills  Based on Islamic and State Laws for Muslims.


This may appear an enormous undertaking, especially for Muslims legally obligated to adhere to the law. By establishing a last will, you can ensure that your Islamic will conforms to the laws of your faith, and the services offered here can assist you in doing so. It will assist you in comprehending who can inherit your possessions, as required by the Quran, and ensure that your will is legal under Sharia law in your residency. The correctly written Islamic wills continue to be legally binding law.

Sharia law accepts particular criteria, rules, and procedures relating to the transfer of estates by will, unlike most other legal systems. The Islamic will is a legally binding document produced in accordance with the Quran and Sharia. The creation of an Islamic well necessitates the assistance of an expert who can demonstrate many contingencies that can be planned to ensure that the property complies with the Quran, Sharia law, and local legislation.

CREATE A WILL THAT COMPLIES WITH YOUR ISLAMIC OBLIGATIONS PURSUANT TO SHARIA LAW.
The primary objective of an Islamic will is to ensure that the estate is divided among specific family members. It is a legal document drafted in accordance with Islamic law's standards. In the broadest sense, an Islamic will ensures that your assets are distributed in accordance with Sharia law, with at least two-thirds of the values matching the requirements of the Mawarith program in the Quran and the remaining one-third matching Sharia law. However, Islamic wills must be meticulously drafted to be compliant.

To ensure that you pay your debts in accordance with Islamic law, you must have an experienced attorney process and create your Islamic wills. To protect the integrity of your estate and the legality of the Islamic will, the executor and his team of specialists must thoroughly analyze the document.

Creating a valid Islamic will can help ensure that a person's estate is administered in a manner that provides for their surviving family members. Islamic Testaments are legal documents that can be drafted in accordance with Islamic law, estate law, and the United States Constitution. You can prepare an Islamic will with the assistance of Islamic Wills Trust to ensure that your assets are distributed among family members in accordance with the Quran's guidelines.

Although male executors are not required, the same criteria apply to all Muslims. It is preferred that the executor of your will be a Muslim man. If the will is to be considered genuine, it must be signed by two Muslim men at least 21 years old and unrelated to the beneficiary or anybody else with an interest in it.

You can ensure that a Muslim will care for your child by appointing one as the child's guardian. In addition, Muslim parents should designate a guardian for a minor kid rather than relying on a non-Muslim court.

It is crucial to draft and prepare a will to ensure that assets are transferred according to Sharia law after death. If you are writing your will in a will, you must ensure that it is legally binding in the United States and consistent with Islamic values and Sharia law.

Consequently, your will must comply with the law in a legally enforceable way and include all the essential clauses to ensure that assets are divided in accordance with the Quran's Islamic laws. A properly drafted Islamic will assures you do not pay more inheritance tax than necessary and that all your possessions, including real estate, cash, and other assets in your name, comply with Islamic law.

In a non-Islamic will, a person may leave all of his or her assets to whoever he or she chooses, whereas, in an Islamic will, the estate is distributed according to the terms of the will. This means that money is allocated in accordance with Sharia's fundamental principles. Islamic wills differ in that there are precise rules governing the will's content and the estate's distribution.

In a broader sense, an Islamic will guarantees that your assets be distributed in accordance with the Quran, with at least two-thirds of them following the Mawarith (the Quran timetable). If you do not have an Islamic will, it is doubtful that your fortune will be dispersed fairly, as the complex requirements of both the Mawarsith and the Quran are unlikely to be followed. As a result, your wealth may be allocated differently, according to laws that differ from those of Islam (which introduces Sharia).

Creating a valid Islamic will can aid in administering an individual's estate in a manner that provides for surviving family members. According to their experience, the Islamic Wills Trust ensures that the will does not end up in the wrong hands.

The States' laws differ from those of Islamic law, so Muslims must seek a professional legal agency if they wish to make an Islamic will. You should not rely on the fact that you are creating an "Islamic" or "Muslim" will or testament based on the contents of this page. To comprehend the aforementioned broad criteria for Testament-Making, let us examine how an Islamic will is composed. Unlike the Quran, legal Islamic wills may, as required by American law, contain instructions against voluntary autopsies.

If you do not have an Islamic will, your assets will be distributed according to the terms of your conventional will, which will likely not satisfy the complex requirements of Mawarith (the Quran schedule). If you distribute your fortune in a will, you should consult a Muslim knowledgeable about Islamic inheritance law.

WHY DO YOU NEED ISLAMIC WILLS?
There are several strong reasons why every Muslim in the United States should draught an Islamic Will.

REASON NO. 1: PERFORM A REQUIRED ISLAMIC DUTY.
The Qur'an requires Muslims to write a will.

It is decreed for you: when death approaches any of you and he is leaving wealth, to make a testament in favor of the parents and the closest relatives, fairly and correctly a duty upon the righteous ones. (Qur'an 2: 180)

There is a share for men and a share for women from what is left by parents and those nearest relatives, whether the property is small or large - a legal share. (Qur'an 4:7)

Therefore, every Muslim must include the shares indicated in these verses in their will.

Hadith: 

  • The Prophet Muhammad (peace be upon him) has also advised us to make a will. Abdullah bin 'Umar states that the Prophet (peace be upon him) said:

It is not permissible for any Muslim who has something to will, to sleep two consecutive nights without having his last will and testament written and kept ready with him.

(Sahih Al-Bukhari Book 55: Book of Wills and Testaments, 2738)

REASON NO. 2: THE RESULT OF A WRONG WILL
Prophet Muhammad (peace be upon him) said:

A man May do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the fire. If (on the other hand), a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the garden." (Abu Dawud, 17 Book of Wills, Chapter 3,2867)

REASON NO. 3: IT MAKES FINANCIAL SENSE.
Using Islamic Wills, you can prevent unwanted family disagreements, make a will for far less money, and spare your family financial pain. Settling an estate with a valid Islamic will typically take less time and incurs fewer legal fees.


REASON NO. 4: PREVENT THE LAW OF INTEREST
Your legal Islamic will forbids the law of intestacy and the court from appointing an executor and guardian for your young children and distributing your estate. Only a legal Islamic will can be used to exercise the right to dispose of one's estate in accordance with one's religious obligations.

REASON NO. 5: LEGAL METHOD TO BIND YOUR WILL AND PROVIDE CERTAIN PROTECTIONS 

1. Guard Yourself

Your Islamic will ensures that your money is dispersed in line with the Islamic law of inheritance so that your executor, a trusted friend or family, may deal with and complete your final obligations.

2. Guard Your Family

Your Islamic will assures that your family receives their "legal Islamic share" in accordance with the Islamic law of inheritance without the trouble or expense of a probate court determining your behalf.

3. Guard Your Children

Your Islamic will permit you to designate a guardian for your minor children. No one loves their children more than their parents, and in the absence of a legitimate will and testament, the state's probate court will determine who will care for minor children (it may be a non-Muslim guardian). You can name a guardian for your children in your will to ensure they are cared for by a trustworthy individual.

4. Guard Your Body

Your Islamic will stipulates that your body should not be embalmed, exposed to an unnecessary postmortem examination, or sent to a foreign country. You will express your desire for a Muslim funeral and burial.

5. Guard your Obligations

Your Islamic will include provisions for the settlement of debts and outstanding religious obligations like unpaid Mahr, unpaid Zakat, unperformed Hajj, Fidya, and Kuffarah (compensation for omitted acts of worship)

6. Protect Your Future

Your Islamic will allows you to bequeath up to one-third of your fortune to Sadaqah Jariya, a charity that continues to be rewarded after death. One-third of the inheritance is distributed to people who are not entitled to any share, such as distant relatives, non-relatives, non-Muslims, and charity individuals and organizations.

REASON NO.6: KEEPING UP-TO-DATE FINANCIAL RECORDS
Writing a will also benefit you and your family: an updated record of your assets and liabilities is maintained for the annual calculation of your Zakat. It will be of great use to your executor in the future, who will require a list of your assets and liabilities.

Islamic Inheritance is founded on a firm foundation that no other inheritance system possesses. It is founded on the following fundamental principles:

  • Al-Wasiyyah: A system that strikes a proper balance between the capitalist and communist systems. Islamic inheritance law recognizes and guarantees individual ownership.
  • Al-Tawazun: A system that allows the owner of the money to contribute a maximum of one-third of his wealth to individuals and charitable organizations via Wasiyyah while leaving the remaining two-thirds as an inheritance for heirs in accordance with Islamic inheritance law.
  • Al-Adalah: It is a just and equitable inheritance distribution mechanism. Children and adults in the same category inherit equally.
  • Al-Ijbar: A system that mandates that all beneficiaries receive an inheritance through Faraid, in the following order of priority: first to Dhul Furud (main Heirs), then to Asabah (secondary, closest male relatives), and finally to Dhul Arham (secondary, remote male relatives) (uterine or distant relationships.).
  • Shumul: Even a fetus in the mother's womb has the right to inherit, according to the Torah's teachings on inheritance derived from the Book of Shumul. Even though the husband and wife are not blood relations, they are entitled to a share through marriage.

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