Login Get Started

From Nikah to Waqf: Your Complete FAQ Guide

From Marriage Contracts to Family Waqfs, find clarity for every stage of life. Search our knowledge base or submit your question here.

All FAQs Will-Based Estate Plan Trust-Based Estate Plan Islamic Prenuptial Agreement Financial Suite
Do I need a will if I already have beneficiaries listed?
Yes. Beneficiary designations do not cover guardianship, Islamic bequests, or all assets.
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 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.
Do I have to include a schedule of assets in my will?
Making a Sharia-Compliant will does not require a schedule of assets, but you should appoint an executor who is familiar with your financial portfolio. Your assets at the time of your death may not be the same assets at the time you made your will. The Islamic inheritance system is a default fixed share system. All of the eligible assets you owned at the time of your death will become part of your Estate. Your executor will gather them and distribute them to your Islamic heirs as contained in your will. The distribution may include selling all or part of your assets. The proceeds from the sale will be distributed to the benefit of all beneficiaries according to their Islamic inheritance share. If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), you are required to prepare a schedule of assets as part of your estate plan in order to clarity and identify the type of ownership title for each asset: (i) husband’s separate property; (ii) wife’s separate property; (iii) the parties’ joint property/community property.
Can my spouse and I make a joint Sharī‘a-compliant will?
A joint will that is also called a “mirror will,” “mutual will,” or “reciprocal will” is a will that may be executed by a married couple to ensure that their property is disposed of identically at time of death. In a standard joint will, the wife and husband make identical wills that provide when one spouse passes away, the surviving spouse receives everything, and when both of them pass away, the estate would be left to their children or other beneficiaries. Except for your spouse, American law allows you to leave your estate to anyone, and for the most part you are free to disinherit any family member (with a few exceptions in some states).

The Sharī‘a, on the other hand, is a fixed share system. You have restrictions on the distribution of your estate. The Sharī‘a has certain gender-specific obligations and the inheritance rights of each spouse's beneficiaries are different. For example, the parents of one spouse are not the legal heirs of the other spouse. The inheritance distribution of each spouse is also different. For these reasons, the Sharī‘a does not permit a person to leave his entire estate to the surviving spouse. For this fundamental reason, a joint will would violate the requirements of the Sharī‘a.

Learn about Islamic Estate, Marital and Financial Planning

View All Articles

Stay updated! Join the Shariawiz Family!

Never miss a post! Get the latest articles, tips, and resources delivered straight to your inbox.

We use cookies on shariawiz.com to enhance your browsing experience and analyze site traffic. By clicking "Accept," you consent to the use of cookies in accordance with our Cookie Policy.

Accept
X