In pre-Islamic Arabia, only males inherited. This was changed by the divine message carried by the Prophet Muhammad (PBUH). When the companion Aws Ibn Thabit passed away, he was survived by a wife, three daughters, and two nephews. Consistent...
Read More
First, it is important to note that unlike American state law, a valid marriage under Sharī‘a has minimal requirements: oral marriages and polygamy are valid. Islamic public policy favors legitimacy rather than illegitimacy. With that in mind, according to...
Read More
Strictly speaking, yes. Some would consider this a transfer during lifetime, so it would not violate Sharī‘a. Others would argue that because the transfer is effective upon death, it would be an invalid lifetime transfer according to the Sharī‘a. However,...
Read More
Maḏāhib (maḏhab singular) are Sharīʿa doctrinal schools. In the 7th century, Muslim juristic knowledge started as study circles (halaqas) in which a pious Muslim scholar - surrounded by people - would debate religious issues and teach interested students. Without an ecclesiastical hierarchy, there was no institutional...
Read More
A joint will, 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...
Read More
Not exactly. It’s a bit more complicated than a yes or no. According to Sharī‘a inheritance rules, a relative inherits automatically as part of the fixed default-distribution system. Under Sharī‘a, non-Muslim relatives, like your spouse or a child, are...
Read More
Strictly speaking, yes. The surviving spouse's share is required to pass to his or her Islamic heirs according to Islamic law. Islamic law does not permit a right of survivorship ownership. Owning a property together with the right of...
Read More
According to Sharī‘a inheritance rules, a relative inherits automatically as part of the fixed default-distribution system. Under Sharī‘a, only biological children from a valid marriage are Islamic heirs entitled to inherit from the paternal line. Adopted children and stepchildren...
Read More
It depends on your unique circumstances. If you are married and your spouse survives you, he or she will likely take guardianship of the children by default. However, if you are single, divorced, or widowed, then a court must...
Read More
When a person dies without a will, he is said to have “died intestate.” In these circumstances, the American intestacy laws, or default inheritance laws, govern the distribution of your estate. These laws vary from state to state. Generally,...
Read More
