The Spiritual and Legal Aspects of Writing a Will in Islam

Writing a Will in Islam: Crafting Shariah-Compliant Estate Plans

For Muslims, writing an Islamic will is an important part of estate planning according to religious principles. Shariah-compliant wills allow testators to distribute their wealth and assets according to Quranic inheritance guidelines. A proper Islamic will also includes religiously-mandated charitable bequests and outlines burial wishes per Islamic traditions. 

Crafting a customized shariah-compliant will ensures Muslim families inherit estates in alignment with their faith. This guide covers key considerations and steps for Muslims writing a will according to Islamic law.

Outline:

• Purpose of Islamic Wills
• Shariah Inheritance Guidelines
• Components of a Shariah Will
• Drafting a Will According to Islamic Principles
• Executing and Updating Your Will
• Probate Process for Islamic Wills
• FAQs About Writing Shariah Wills

Crafting Custom Islamic Wills

Purpose of Islamic Wills

Muslims use shariah-compliant wills to:  

• Adhere to religious inheritance guidelines for distributing their estate
• Designate funeral and burial procedures according to Islamic customs
• Appoint an executor to manage the estate’s shariah compliance
• Donate a portion of wealth to charity through zakat contributions
• Provide future guidance for loved ones consistent with Islamic values

Without a will adhering to shariah principles, distribution of the deceased’s assets may not follow Quranic instructions. A customized Islamic will prevents this by translating religious values into legally enforceable estate planning.

( Also read our detailed guide on Shariah Wills )

Shariah Inheritance Guidelines 

The Quran provides specific directions in Surah An-Nisaa on how an estate should be divided among family members after someone passes away. Known as Farāʾiḍ, these inheritance guidelines dictate:

• Who qualifies as an heir based on relation to the deceased
• The fixed percentage each heir is entitled to
• Distribution priorities when allocating assets

For example, a widow receives 1/4 of her husband’s estate, while a widower would receive 1/2 of his wife’s assets. The remainder passes to children, parents, grandparents, and siblings in set proportions detailed in the Quran.

Components of a Shariah Will

The key sections of a shariah-compliant will include:

Shahada – This declaration of Islamic faith designates the will as a religious document.

Wasiyya - Charitable gifts dictated by zakat obligations.

Executor – The person ensuring adherence to shariah principles in administering the estate. 

Guardians - Custodians for minor children and their inheritance. 

Heirs - Quranic heirs designated according to Farāʾiḍ percentages.

Burial Wishes - Preferences for Islamic funeral and interment rituals.

Additional customized provisions can cover business assets, trusts, debts, and other guidance in line with Islamic values.

( Also read detail guide on Are Mutual Wills Enforceable? )

Drafting a Will According to Islamic Principles

Major steps in writing an Islamic will include:

1. Discussing inheritance wishes with family and an imam to establish shariah compliance.
   
   
2. Taking an inventory of assets to be distributed through the will.
   
   
3. Calculating Farāʾiḍ percentages for each qualifying heir according to Quranic instruction.
   
   
4. Selecting charitable beneficiaries to receive wasiyya for obligatory zakat contributions.
   
   
5. Choosing an executor to oversee adherence to shariah principles after your death.
   
   
6. Detailing burial and funeral procedures consistent with Islamic customs.
   
   
7. Including additional personalized guidance to family consistent with your faith.
   
   
8. Having an Islamic advisor review the will before finalizing to ensure it fulfills religious requirements.

While customized language can be included, distribution percentages dictated in the Quran for heirs cannot be altered. For complex assets, additional estate planning guidance may be beneficial.

Executing and Updating Your Will

Once the Islamic will is finalized, proper execution is essential for legal validity. Key requirements include:

1. Signing the document in the presence of two witnesses, who also sign.
   
   
2. Having the signatures notarized to confirm their legitimacy.
    
3. Registering the will with official agencies to simplify probate procedures.
   
   
4. Keeping the original in a safe but accessible location for family members.
   
   
5. Providing copies to the appointed executor and heirs.
   
   
6. Reviewing the will every 2-3 years and revising as life circumstances change.

Proper execution and periodic updates help ensure your Islamic estate plan remains current and legally enforceable when needed.

Probate Process for Islamic Wills 

The probate process for a shariah-compliant will involves additional steps:

1. The executor files the Islamic will with the probate court.
   
   
2. Standard probate procedures apply like validating the will, appointing the executor, estate inventory, creditors notices, etc.
   
   
3. The executor works with an attorney to address any conflicts between religious and secular inheritance laws.
    
4. Proof of adherence to shariah may be required during asset distribution approval.
   
   
5. Experts in Islamic law may provide testimony if the will’s religious compliance is questioned.

Navigating probate requires awareness of variances between default state laws and shariah guidelines. Qualified Islamic legal counsel can guide this process appropriately.

FAQs About Writing Shariah Wills

Can I favor sons over daughters in an Islamic will?

No. The Quran fixes heir percentages regardless of gender. You cannot override shariah distribution guidelines.

Are Islamic wills valid in the United States?

Yes. Shariah-compliant wills are fully legal and enforceable when properly executed according to state laws. U.S. probate courts will honor Islamic wills.

Can I use a standard will template?

While possible, standard secular forms may not address zakat gifts, burial wishes, and other components specific to Islamic wills. Using a template tailored to shariah compliance is ideal. 

Do all assets have to follow shariah distribution?

Only assets governed by the Islamic will must adhere to Quranic inheritance rules. Assets like retirement accounts with named beneficiaries will go directly to those designated individuals.

How do I change an Islamic will after making it?

Major life events require updating your shariah will through a codicil or drafting a new will. Consult an Islamic advisor to ensure changes align with religious principles. 

Who should I choose as executor? 

Select an executor knowledgeable in both shariah and probate laws. Often this is an adult child, attorney, or trusted family friend who can guide Islamic distribution.

Writing a customized Islamic will grants assurance that your religious values are carried out through your estate plan. Proper drafting and execution aligned with both Islamic and legal requirements creates an enforceable document that will guide your legacy appropriately.