Last Will and Testament Archives - Page 4 of 6

Why do I need a Last Will and...

You need a Will so that: • You—not a court—decide who get 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...

Is my Islamic will legally valid?

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...

What are the fiqh rules governing bequests?

Let’s start with the Qur’an: It has been ordained upon you, when death is near to one of you, leaving wealth behind, to make a will in favor of parents and close relatives, impartially. This is incumbent upon the...

What is the Islamic law of inheritance?

The Islamic law of inheritance is found in the Qur’an and in the traditions of the Prophet (PBUH). The Prophet (PBUH) said that the law of inheritance is half of all knowledge. The Islamic law of inheritance is a...

What does taʿsīb mean?

Taʿsīb mean residuary heirs (taking by taʿsīb). The residuary heirs take the balance of the estate after the predetermined or prescribed shares. For example, if the survivors are a mother and one son: the mother’s prescribed share is 1/6,...

What does radd mean?

Radd literally means “returned to.” When the total of the prescribed shares does not exhaust the entire estate, the balance left in the estate will be distributed according to either the Islamic law doctrine of radd (increasing the shares...

What does ‘awl mean?

While taʿsīb and radd apply when distributing the balance left over in the estate after the prescribed shares, ‘awl applies to decrease the shares proportionately when the total prescribed shares is more than 100% of the estate. For example,...

Who are the Islamic heirs?

Father; Paternal Grandfather; Paternal Great-Grandfather; Paternal Grandmother; Paternal Great-Grandmother; Son; Son’s Son; Son’s Son’s Son; Full Brother; Paternal Brother; Maternal Brother; Full Nephew; Full Nephew’s Son; Paternal Full Uncle; Paternal Full Uncle’s Son; Paternal Full Uncle’s Son’s Son; Paternal...

Definitions of Islamic Heirs

Wife or husband. Only a legal marriage results in entitlement to inheritance. Generally, an Islamic marriage contracted abroad is valid in the United States as long as it complied with the law of the country where the marriage was...

What does the Qur’an say about wills?

In the Qu’ran, Allah directed Muslims to make a will: It has been ordained upon you, when death is near one of you, leaving wealth behind, to make a will in favor of parents and close relatives, impartially. This...

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