Islamic law provides Muslims with an estate planning code of conduct. This includes special provisions governing the transfer of a deceased person's possessions and the formation and maintenance of an Islamic will.
These specialized documents require an experienced hand, precisely what our qualified Imams and attorneys possess. If keeping the traditions and rituals of your religion is essential to you, our staff has firsthand personal and professional expertise with the subtleties and difficulties of wills and testaments that comply with both secular and religious requirements.
Wills and Testaments are something we must all do at some point in our lives, but the process is more complicated than it may appear on YouTube. This is especially relevant if your estate planning requirements involve secular and religious laws. It is never a smart idea to plan an Islamic estate alone. This is especially relevant when a decedent's estate requires specialist paperwork, such as an Islamic will. Before digging into the technicalities of an Islamic will, please contact Minawill. In the meantime, there is no harm in learning more about the requirements for an Islamic will.
What is a Will in Islam?
A will, in general, is a document that expresses a decedent's wishes for the disposal of his or her estate after death. An Islamic will is a legal instrument produced in accordance with both applicable secular laws and Islamic estate planning principles. The creation of an Islamic will necessitates the assistance of an attorney who can provide competent legal counsel to plan for multiple conceivable situations regarding the management of an estate in accordance with the Qur'an and Sharia law.
In the lack of an Islamic will, many Muslims are compelled to rely on Islamic inheritance laws. While Islamic law provides vital guidance for Islamic estate planning, secular courts may not enforce these principles in the absence of a written document mandating that the estate be administered in this manner.
Modern estates are typically complex and require individualized assistance to guarantee that the decedent's wishes are followed. A valid Islamic will can help ensure that a person's estate is administered in accordance with applicable laws and in a manner that provides for loved ones after death. Sadly, making an Islamic will might be more challenging than any of the simpler secular forms required in estate planning.
Concerns Relating to the Drafting of an Islamic Will
A person's will must adhere to specific standards and meet specific conditions. Islam will carry the added burden of complying with the legislation and Sharia.
Islamic law will be derived from multiple sources. The legal document must conform to the law first and foremost. Second, the will must be consistent with the Qur'an's explicit directives on inheritance. Thirdly, the Islamic estate must adhere to specific Sunnah, ijma', and qiyas that contain generally accepted standards for distributing property after death. In addition to these religious requirements, Islamic wills must adhere to existing secular laws to secure the instrument's validity in the courts responsible for its execution.
Norms Influencing Islamic Wills
Like most other legal systems, Sharia law acknowledges certain standard laws and procedures addressing the transfer of an estate by will. The Qur'an recognizes inheritance and outlines the rights and constraints associated with the distribution of an Islamic estate. The Sharia law established from the Qur'an's verses governing inheritance creates a stringent set of guidelines regarding how property should be distributed amongst errors in a manner that best protects familial bonds.
The regulations governing Islamic wills can be quite stringent. Unlike secular law, Sharia prohibits individuals from inheriting or disinheriting family members under conditions that could lead to family discord. The Qur'an also discusses the formulation of legal wills, including the form a will must take and the conditions under which it is legitimate. Islamic law, like secular law, requires the individual to be of sound mind and body to ensure that the legal document was executed of their own free will.
Islamic Estate Planning Needs Assistance
Islamic estate planning is a highly specialized area of law that all Muslims should consider at some point in their lives. The Islamic inheritance laws provide an effective safety net if a Muslim dies without a valid Islamic will. Still, it is impossible to predict how a Canadian court would handle an intestate estate.
Providing aid and support for one's family and community is fundamental to the Islamic faith. Minawill trained in Islamic estate planning takes these principles seriously. As a result, they have worked diligently to ensure they are familiar with all of the secular and religious requirements for drafting an Islamic will that will withstand the proceedings of a state probate court and fulfill the final wishes of even the most devout individuals.