Will, Trust, or Family Waqf?
Advantages
A will is sufficient for most of us. A will is complete and legally valid once it has been signed, so it is low-cost and simple to prepare. If you change your mind, it is simple to revoke a will and prepare a new one.
Disadvantages
A will goes through the probate court, which sometimes involves a long, drawn-out family dispute. Once in court, a will is not private; it is public record. If you have property in multiple states, you may need to go through ancillary probate proceedings in each state. A will becomes effective only upon your death.
Advantages
A trust allows you to avoid probate court (meaning it is private), which means faster distribution, especially in states with complicated and costly probate proceedings, like California. Property in multiple states may be distributed without additional proceedings. A trust is effective immediately and can be managed until your death.
Disadvantages
Trusts generally have higher preparation costs as you are required to retitle your assets in the name of the trust, which takes time and money. If assets aren’t retitled, they will not pass through the trust and will instead go through probate.
A will is sufficient for most of us, but if you have assets in multiple states or if you live in a state with a long and expensive probate process, like California, a trust may be better for you. If you want your spouse to manage your assets after your death, then have all your separate and marital assets distributed to your Islamic heirs after both of you pass away, you may want to create a Family Waqf. No matter which you choose, you will be able to divide your estate Islamically, leave charitable bequests, and specify your final arrangements.
Nominate guardians Select Executors/Trustees Leave Bequests Leave Sadaqa Jariyah Distribute assets Islamically at your death
Distribute assets Islamically after death of your spouse Specify final arrangements (including burial) Alert your doctors to end-of-life care wishes Select health care agents Avoid probate court Leave final wishes in your own words
Nominate guardians Select Executors/Trustees Leave Bequests Leave Sadaqa Jariyah Distribute assets Islamically at your death Distribute assets Islamically after death of your spouse Specify final arrangements (including burial) Alert your doctors to end-of-life care wishes Select health care agents Avoid probate court Leave final wishes in your own words
Nominate guardians Select Executors/Trustees Leave Bequests Leave Sadaqa Jariyah Distribute assets Islamically after both spouses have passed Specify final arrangements (including burial) Alert your doctors to end-of-life care wishes Select health care agents Avoid probate court Leave final wishes in your own words
From Marriage Contracts to Family Waqfs, find clarity for every stage of life. Search our knowledge base or submit your question here.
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The Islamic references to Quran and Hadith throughout the process helped me understand how the Islamic rulings impacted my unique situation. I love the ability to make edits to my situation down the road, and download my documents at any time. The inheritance calculator is a super-useful tool, and very easy to use.
Omar
Easy to use, robust platform, quick responses. Great service to the American Muslim community!
Wasiq Sheikh
Ease of use as well as ability to develop an state-specific yet Shariah compliant Will which can be updated as needed!
Hadi Suroor
Shariawiz is an amazing product. It is robust, accurate and instructive. I would highly recommend it to any Muslim seriously thinking about a Sharia compliant will and estate plan. Shariawiz is one stop shopping in this regard.
Zaid Shakir
Simple, easy and Sharia compliant; great value.
Mohammad Nassri
I thought the process was very straight forward and simple.
Anonymous
I appreciated the convenience of drafting a sharia compliant will online! The questions were straightforward and I felt confident in the system calculation of funds to beneficiaries. Alhamdulillah I can finally have a legal Islamic Will!
Anonymous
It was very easy and quick to answer questions explained very well to create my will and Trust documents. Masha'Allah
Anonymous
According to Hadith, Muslim should not live for three days without will, for long time, I was seeking a Muslim attorney who could help me writing a will, they made claim but, in the end, they told me that there is no difference between Islamic will and a US will. and their fees were much more than your fees.
Anonymous
"The most powerful computer program is the one that combines simplicity with sophistication. When we consider these two metrics Shariawiz is by far the most powerful estate planning program available today. The designers display not only an advanced knowledge of Islamic law, but a nuanced understanding of how it is applied in the American legal system. Every possible contingency has been considered. That knowledge and sophistication is then made available in an easy-to-use program that reduces the complexities of Islamic estate planning to a smooth, easily negotiated process. Shariawiz is an ingenious breakthrough that should quickly become the most widespread instrument for Muslim estate planning."
Imam Zaid Shakir
Cofounder, Zaytuna College
"Islamic Inheritance Law ('ilm al-farā'iḍ ) is one of my areas of expertise. And, Shariawiz's free dynamic online "Inheritance Calculator" is a great tool for teachers and others interested in knowing how one's estate should be divided among one's heirs according to the Sharī'a. Abed Awad, its chief designer, comes with a wealth of knowledge in Arabic, Sharī'a and American law. This site is the best I've seen to date for accurately calculating Islamic inheritance and for drafting Islamic wills according to the schools of Sunni jurisprudence."
Dr. Abdullah bin Hamid Ali
Zaytuna Professor of Islamic Law and Prophetic Tradition
"As an academic and pedagogue, I find Shariawiz not only well-designed and user-friendly, but also affords an outstanding learning experience. I was impressed with the successful programming of the entire complex of 'ilm al-farā'iḍ with its maḏāhib-divisions and easy-to-use calculator. One is able to determine the distribution of the most complex estates in seconds. I was extremely pleased with the Sharī'a-compliant solutions that Shariawiz offers to its users based on premodern fiqh and general Sharia principles, which demonstrates that the Sharia as a living tradition continues to thrive and engage Muslim communities around the world. I intend to assign Shariawiz to my students, since it provides the necessary tools of learning not only about the rules of inheritance and bequest, but also how this law can pliably mediate many spheres of life. Shariawiz is a wonderful pedagogical tool. I recommend it to anyone interested in making a Sharī'a-Compliant estate plan or wants to learn about 'ilm al-farā'iḍ, -- said by the Prophet Muhammed (PBUH) to constitute "half of all knowledge." Highly recommended."
Dr. Wael B. Hallaq
Columbia University Avalon Foundation Professor in the Humanities
"Shariawiz is excellent! It's an online tool to calculate your will. It's also a great source for education about the complex 'ilm al-farā'iḍ. You will find so much content explaining numerous inheritance concepts such as the exceptional cases of 'awl, ta'sīb, and radd. The subtle differences of the maḏāhib are addressed on the website as well. I've personally tried it and it was easy and accurate. Highly recommended!"
Dr. Shadee Elmasry
Scholar in Residence, Director of Religious Education at the New Brunswick Islamic Center, New Jersey
"Shariawiz is a much needed and very well put together tool for those who want a Sharī'a-compliant way to write their will in the US. It is affordable, legally sound in 49 states and provides flexibility to address the needs of female family members while staying true to our religious tradition. I am so glad we finally have this option!"
Dalia Mogahed
Director of Research, Institute for Social Policy & Understanding
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