Shariawiz | Islamic Wills FAQ

What is Shariawiz?

Shariawiz is an online portal that offers legal forms and information about Sharī‘a-compliant wills and Sharī‘a rules of inheritance, including a scholar-certified Islamic Inheritance Calculator.

What is a Last Will and Testament?

A Last Will and Testament is a legal declaration that you, the testator, make. It tells the world who will get your assets and who will manage your estate and implement your wishes when you die.
When you die without a Will – called dying “intestate” -- the state decides who gets your assets with no regard to your wishes and the needs of your heirs.
If you do not want state law to decide who gets your estate, use Shariawiz's software to prepare your own custom-tailored Shari'a-compliant estate plan valid for your state.

Why do I need a Last Will and Testament?

You need a Will so that:

You—not a court—decide who gets your assets, and ensure they are divided according to Islam.
You—not a court—decide who cares for your children.
You—not a court—decide who manages the financial affairs of your minor children.
You—not a court—decide who manages the affairs of your estate.
You—not a court—decide your burial rites

If you do not want state law to decide who gets your estate, use the Shariawiz software to prepare your own custom-tailored state-specific, legally binding, Shari'a-compliant estate plan.

What assets does my Islamic will cover?

Your Islamic Will, like a secular will, covers all the assets that make up your estate. When you die, the interests you have in all your property - real and moveable - become part of your estate, and will be distributed to your Islamic heirs in your Islamic Will.
However, your Will does not cover assets that are transferred to third parties by right of survivorship or because of pre-selected beneficiaries, such as:

Real estate owned with a right of survivorship;
Bank accounts with a right of survivorship;
Retirement accounts with a pre-selected survivor beneficiary; or
Life insurance with a pre-selected survivor beneficiary.

When you pass away, all assets owned individually and assets with the estate selected to be the beneficiary would be distributed according to your Islamic Will. All retirement accounts, insurance proceeds, and assets owned with a right of survivorship will be distributed to the pre-selected beneficiary outside of your estate.

What is the difference between a secular will and an Islamic will?

An Islamic will covers everything that a secular will covers, including:

Appointing an executor to distribute your estate and manage your affairs after death;
Appointing a guardian to care for your children and manage their inheritance until adulthood;
Leaving money and/or property from your estate to other relatives or to charitable organizations; and
Specifying any debts to be paid at your death.

However, unlike a secular will, an Islamic will also includes Shari'a-complaint solutions to managing your estate after death, including:

Telling the world you have selected your burial rites according to Islam;
Outlining your wishes regarding autopsy that are permissible under the Shari'a;
Specifying moral and religious obligations to be paid at your death;
Providing permissible, recommended, and obligatory bequests up to one-third of the estate in the aggregate; and, most importantly
Dividing your assets according to Shari'a inheritance rules.

If you want your estate to be divided according to Shari'a inheritance rules, use our LAST WILL & TESTAMENT software to prepare your own custom-tailored state-specific, legally binding, Shari'a-compliant estate plan.

What is an estate plan?

A standard estate plan includes a Will, a healthcare directive/living will, and a durable power of attorney.
With a standard estate plan (a Will, a healthcare directive/living will, and a durable power of attorney) your financial and non-financial end of life affairs will be in order and according to your wishes. Plus, you protect your family.

What should I do after purchasing a will?

Upon purchase, you will be able to download detailed instructions on how to sign, witness, notarize, and store your documents.

What is your refund policy?

Estate Planning Refund Policy. Shariawiz has a 30-day money back guarantee. If you are not satisfied with your completed Shariawiz estate planning documents, you can request a full refund within 30 days of purchase.

Islamic Prenuptial Agreement Refund Policy. Shariawiz users have ample opportunity to review and examine the Islamic Prenuptial Agreement questionnaire and its contents. Therefore, we do not offer refunds after you have paid.

Are your legal forms based on the laws of my state?

Yes. When you purchase a Shariawiz document, you are purchasing a document that has been built by an experienced legal and Sharī‘a expert team. Every document you purchase is based on the laws of your state and custom tailored by you.

How long does it take?

Our do-it-yourself software allows you to complete your Shari'a-compliant estate plan in as little as 15 minutes.

Islamic Prenuptial Agreement FAQs

What is a Prenuptial Agreement?

A Prenuptial Agreement is an agreement between two people intending to get married. The agreement will outline property rights during your marriage and financial arrangements the two of you would like to make as a condition of your marriage.

The Shariawiz Prenuptial Agreement ensures your marriage will follow Islamic law, including what would happen in the event of divorce or death.

What conditions can my Prenuptial Agreement include?

It includes outlining property rights during your marriage and financial arrangements in the event of a divorce or death. The Shariawiz Prenuptial Agreement ensures your marriage will follow Islamic law, including what would happen in a termination event, such as divorce or death.

Some examples include your mahr amounts (both immediate and deferred), property distribution in a divorce, iddah payments in a divorce, and more.

What cannot be included in my Prenuptial Agreement?

You cannot include provisions for child support or child custody, such as which parent will have primary custody if a divorce were to occur, in a Prenuptial Agreement.

What does the Prenuptial Agreement package include?

The Shariawiz Islamic Prenuptial Agreement package includes the Prenuptial Agreement and a coinciding Muslim Marriage Contract to be signed at the Islamic marriage ceremony as well as an Islamic Will for each of you.

How does the process work?

You will first begin by answering the questions in the Shariawiz Islamic Prenuptial Agreement software. Once you’re finished answering your portion, you will be able to invite your potential spouse to answer his/her portion of questions as well. You will both disclose your assets to be reviewed by the other (don’t worry, you don’t have to upload any documents).

Once the two of you have both answered the questions, our software will inform you whether there are answers that you disagreed on. If so, you will be able to negotiate via online messaging and email communications until you both agree to all the terms of the Prenuptial Agreement as well as the financial disclosures that have been provided.

Then, you can download your completed Prenuptial Agreement and Muslim Marriage Contract! You will sign the Prenuptial Agreement before the wedding, and the Muslim Marriage Contract will be signed during your Islamic marriage ceremony.

How much does it cost?

The Shariawiz Islamic Prenuptial Agreement package costs $999 per couple. After purchase, you will be able to invite your potential spouse to collaborate; he/she will not have to pay any additional fees to do so.

I have an affiliate or discount code. How do I use it?

You will enter your affiliate or discount code at checkout.

What is your refund policy?

Shariawiz has a 14-day money back guarantee. If you are not satisfied with your completed Shariawiz documents, you can request a full refund within 14 days of purchase.

How long does it take?

You can create a Shariawiz Islamic Prenuptial Agreement as quickly as you want! It should only take each of you 30 minutes to answer the questions in our software. Afterwards, if you have chosen different answers, the two of you will be able to negotiate via messages on our platform to agree on all the terms of your Prenuptial Agreement. Once the two of you agree, your Prenuptial Agreement is complete and just needs to be signed!

How long before our wedding should we start the Prenuptial Agreement?

You should start negotiating your Prenuptial Agreement months before your wedding, if possible. Some states do not consider a Prenuptial Agreement signed within a week of the wedding enforceable, so do not wait until the day before your wedding ceremony to sign the Agreement. Give yourself a month or two to make sure you both have had sufficient time to fully review the terms of the Agreement as well as the financial disclosures that go with it and consult professionals, like an attorney, if desired.

How much money should I have to do a Prenuptial Agreement?

Anyone can get a Prenuptial Agreement, no matter how much money you may or may not have. This is especially true if you want your marriage to abide by Islamic law. The Shariawiz Islamic Prenuptial Agreement is the only Islamic Prenuptial Agreement available online.

Do I need to disclose all of my assets?

If you want your Prenuptial Agreement to be enforceable in the event of a divorce, then each of you must disclose all of your assets. That is because most states require “full disclosure” or even “full and fair disclosure” of finances prior to the signing of a Prenuptial Agreement. If one or both of you fail to disclose all of your assets, then a court may find your Prenuptial Agreement to be invalid and unenforceable since one party may have had unfair advantage in agreeing to the terms of the Agreement.

Your Shariawiz Islamic Prenuptial Agreement will include a schedule for each of you that will include your assets, your liabilities, and your income. You each will disclose this information during the question process.

Is my Prenuptial Agreement legally valid?

The Shariawiz Islamic Prenuptial Agreement was developed by a team of attorneys and Islamic law experts. Your Shariawiz Islamic Prenuptial Agreement is likely to be enforceable if you follow all the right steps in its creation. But, there is no guarantee, even if you hire an attorney to draft your prenuptial agreement.

With any prenuptial agreement, you are striving to create the likeliest chance of enforcement. To do this, you must collaborate and agree on the terms of your Prenuptial Agreement. Neither of you can be forced or coerced into signing. You must disclose all of your assets for a full financial disclosure according to your state’s terms. You must sign the Prenuptial Agreement in advance of your wedding, preferably month(s) in advance.

And finally, follow the instructions on your downloaded document to make sure you sign, witness, and notarize according to your state’s rules and regulations.

Shariawiz provides the option of waiving attorney representation, but you may bring the draft of your Shariawiz Islamic Prenuptial Agreement to an attorney for review and revision, if you so desire.

Do we need to sign our Prenuptial Agreement in front of a notary?

Yes, you will need to sign your Prenuptial Agreement in front of a notary, and some states require witness signatures as well. Check the instructions on your downloaded Prenuptial Agreement document to properly sign, witness, and notarize your documents.

My potential spouse and I live in different states. What state should we choose for our Prenuptial Agreement?

Your Prenuptial Agreement should follow the laws of the state where the two of you will be residing once married.

Here’s an example. The Groom lives in New Jersey and the Bride lives in Colorado. After the wedding, the Bride and Groom will be living together as a married couple in Groom’s house in New Jersey. For that couple, their Prenuptial Agreement should be made per New Jersey’s laws.

What if my potential spouse is not a US Citizen?

Citizenship does not affect the validity of a Prenuptial Agreement. Your Prenuptial Agreement should follow the laws of the state where the two of you will be residing once married.

However, if your foreign fiance/fiancée does not speak English as their first language, you may consider having an attorney who speaks their language to review the Prenuptial Agreement with them. If your potential spouse cannot read English, a court may not consider that Prenuptial Agreement valid without proper review and translation from someone who speaks his/her language.

Do I need a lawyer?

In most states, a lawyer is not required in signing a Prenuptial Agreement. Some states, like California, require an attorney to review the document if you will be waiving spousal support.

It is important that both of you had the opportunity to have the document reviewed by counsel. You are not required to hire an attorney if you don’t want to. The Shariawiz Prenuptial Agreement includes a Waiver of Attorney Representation for couples that are not seeking a lawyer’s review. However, it is even more important for these couples to sign their Prenuptial Agreement well in advance of the wedding. A court may see a Prenuptial Agreement signed the day before the wedding and decide there was not enough time or opportunity for you to obtain legal advice.

NOTE: If English is not your first language, we suggest you hire an attorney to review the document with you to ensure you fully understand its contents. Shariawiz is not a law firm and does not provide legal advice, but we can connect you to an attorney who can review your Shariawiz Islamic Prenuptial Agreement with you. Please don’t hesitate to reach out to us for more information.

What if I want customized solutions that aren’t in your software?

If you have a more complex estate, want customized solutions, or even just want an attorney to review your Shariawiz Islamic Prenuptial Agreement before you sign, reach out to us! Shariawiz is not a law firm and does not provide legal advice, but we can provide you with the contact information of a lawyer you may consult on the matter.

Can I sign a Prenuptial Agreement after I get married?

No, a Prenuptial Agreement must be signed pre-marriage. Your Muslim Marriage Contract, on the other hand, will be signed during the Islamic marriage ceremony.

Can I change/update my Prenuptial Agreement?

Yes, after purchase, you and your potential spouse can agree to make changes or update the Shariawiz Islamic Prenuptial Agreement as you see fit, as long as it is done before signing. After you sign the documents, you cannot change or sign your Prenuptial Agreement.

To make changes, simply log back into your Shariawiz account, visit your Dashboard, and click “Edit Document.” Your potential spouse will receive notice that a change has been made that he/she must agree to before the document can be downloaded for signing.

NOTE: Your Prenuptial Agreement cannot be changed, amended, or revoked after it has been signed and notarized without attorney assistance.

What should we do after signing?

If you’ve both signed your Shariawiz Islamic Prenuptial Agreement and had your Islamic marriage ceremony, then congratulations! You should both have an original copy of the Prenuptial Agreement and should keep it in a safe place. A fire-proof filing cabinet or home safe is a great place to keep important documents.

Have a question that you don’t see here?

We’d be happy to help! Simply reach out to us via phone or email to ask us your question! Or, enter a webchat here on the website to be connected to a customer support specialist.

Our team is standing by Monday through Friday from 9am to 5pm EST to answer any questions or assist with whatever you may need. Salaams!

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