Much like Canadian law, Islamic laws provide a code of practice for Muslims in estate planning. This specifically includes provisions regarding the transfer of a person’s assets after his or her death as well as the creation and maintenance of an Islamic will.
Specialized documents such as these require a practiced hand, which is exactly what you will find among our skilled Imams and lawyers. Our staff have direct personal and professional experiences when the nuances and complexities of wills and testaments are in a manner that is compliant with both secular and religious standards, so if maintaining the standards and rituals of your religion is particularly important to you.
Wills and Testaments is something we all must do at some point in time in our lives, but it is also trickier than it may seem on YouTube. This is particularly true when your estate planning needs implicate both secular and religious rules. When it comes to planning an Islamic estate, it’s never a good idea to go at it alone. This is particularly true when an estate requires specialized documents like an Islamic will. Be sure to contact us before diving into the details of an Islamic will. In the meantime, however, there is no harm and learning a little more about what you need for an Islamic will.
What is an Islamic Will?
In general, a will is a document that describes a decedent’s intent with respect to the distribution of his or her property after death. An Islamic will is a legal document drafted in a manner that is compliant with both applicable secular laws and the essentials of Islamic estate planning. The development of Islamic will requires the assistance of an attorney who can provide effective legal advice suitable to plan for several possible contingencies with respect to the management of an estate that is compliant with the Qur’an and Sharia law.
In the absence of an Islamic will, many Muslims are forced to rely on the set of Islamic laws governing inheritance. While Islamic law provides important guidance in Islamic estate planning, these principles may not be upheld by secular courts in the absence of a legal document directing the estate to be managed in such away.
Modern estates are complicated, and they often require custom-tailored guidance to ensure they are carried out according to the decedent’s intent. The development of a proper Islamic will can help ensure that a person’s estate is managed in a manner that both complies with applicable laws and provides for loved ones after his or her death. Unfortunately, however, drafting an Islamic will can be more difficult than any of the more straightforward secular documents involved in planning an estate.
Practical Issues Associated with Drafting an Islamic Will
In Canada, a person’s will must abide by certain standards and meet set requirements in order to stand up in a probate court. Islamic will bear the additional burden of compliance with not only state law, but Sharia as well.
Rules regulating Islamic will come from several sources. First and foremost, the legal document must comply with Canadian law. Secondly, the will must comply with the Qur’an’s direct statements regarding inheritance. Third, the Islamic estate must abide by select Sunnah, ijma’, and qiyas that contain commonly recognized principles regarding the passing of property following a person’s death. In addition to these religious laws, Islamic will must abide by applicable secular laws to ensure the document stands up in the courts charged with executing the document.
Rules Affecting Islamic Wills
Like most other systems of law, Sharia law recognizes certain standard rules and practices regarding the transfer of an estate by means of a will. The Qur’an recognizes inheritance and specifies rights and restrictions on the allocation of an Islamic estate. The Sharia law derived from the Qur’an’s statements governing inheritance establishes a strict set of rules regarding how property should be divided amongst errors in a manner that best maintains familial relations.
The rules regulating Islamic wills can be very specific. For example, unlike secular law, Sharia does not permit an individual to inherit or disinherit family members under circumstances that could potentially lead to conflicts within the family. The Qur’an also addresses the process of legal will formation, including the form a will must take and under what circumstances the writing is valid. Like a secular law, Islamic law also requires the individual to make the will to be of sound mind and body to ensure that the legal document was executed under the person’s free will.
Islamic Estate Planning Requires Support
Islamic estate planning is a highly specialized field of law that all Muslims should consider at some point in time in their lives. The Islamic laws governing inheritance rules provide an effective safety net in the event that a Muslim dies without an Islamic will, but there is no telling how an intestate estate may be handled in a Canadian court.
Providing support and assistance for one’s family and community lies at the cornerstone of the Islamic faith. Al Rashid Mosque Imam and attorney who are trained in Islamic estate planning take these principles seriously, and as such they have worked hard to ensure they are familiar with all of the secular and religious requirements for drafting an Islamic will that will survive the proceedings of a state probate court and meet all of the final wishes of even the most devout individuals. To book your appointment please fill the form below and our office will be in contact with you.
The Prophet (PBUH) said: “When a person dies all his good deeds cease except for three: a continuous charity, beneficial knowledge, and a righteous child who supplicates for him (or her).”
Our final years are a time to contemplate our lives and the legacy we will leave behind for others. With the Al Rashid Muslim community, you can be assured that your giving will be used to build and support the services and institutions the Muslim community of Alberta needs today and into the future. We have a century of managing the charitable giving of our community and have never broken this important trust.
The establishment of Endowments or (Awqaf in Arabic) is the bedrock of community development and the foundation of charitable activities in Islam. It has a rich tradition dating back to the time of the Prophet Muhammad (PBUH). Awqaf is the responsible stewardship of community donations for sustainable development.
Al Rashid Endowment can receive donations or property for the ongoing support of Al Rashid initiatives. The principal item/amount of these donations will remain intact for perpetuity and the investment income will support the programs and services offered to the Muslim community.
Endowment or Waqf is one of the most intelligent ways to manage the charitable donations of a community.