From Nikah to Waqf: Your Complete FAQ Guide

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.