Understanding Shariah Wills: A Comprehensive Guide

Shariah Wills: An In-Depth Guide

For Muslims, having an estate plan that aligns with Islamic inheritance laws, or Farāʾiḍ, provides peace of mind that assets will be distributed according to religious traditions after death. Shariah-compliant wills, often referred to as Islamic wills, provide Muslims with an avenue for ensuring their legacy and passing on their wealth according to their faith. This guide covers the basics of Islamic inheritance and estate planning with a shariah-compliant will.

An Introduction to Shariah Wills

Purpose of Shariah Wills 

For Muslims, adhering to Islamic traditions and values is an important consideration in end-of-life planning. Shariah-compliant wills allow testators to distribute their estate in a manner aligned with Islamic inheritance laws. A shariah will provides the testator control over:

1.  Who inherits their assets according to Quranic heir percentages
2.  Charitable donations as religiously-mandated Zakat
3.  Specifying if heirs inherit usage rights only versus ownership
4.  Appointing an executor to oversee the estate per Islamic principles 

Without a shariah will, Islamic heirs may not receive their Quranically entitled shares. Having a shariah estate plan brings peace of mind that wealth transfers according to the teachings of Prophet Muhammad.

Islamic Inheritance Laws and Farāʾiḍ

The Quran provides detailed guidance on the distribution of estates in Surah Al-Nisa. These religious inheritance laws dictate:

•  The fixed percentages family members receive
•  Which relatives qualify as “sharers” 
•  Distribution priorities among heirs

These laws are referred to as Farāʾiḍ - or obligatory shares. For example, the Quran dictates a daughter receives half the share that a son does. A spouse receives a 1⁄4 or 1/8 share depending on if there are children. Parents and siblings also receive prescribed percentages.

If there is no shariah will in place, Islamic heirs may not receive their entitled Farāʾiḍ shares under secular probate laws. Shariah wills ensure the estate is divided per Quranic instruction.

( Read our informative article on Estate Paining Services )

Components of a Shariah Will

Key elements of an Islamic will include:

Shahada - This statement of faith officially marks the document as an Islamic will.

Executor - Also called a wasi, this individual ensures shariah compliance in the distribution of assets.

Heirs - The Quranic heirs and percentages they are designated according to Farāʾiḍ.

Guardians - Who will care for minor children and any assets they inherit.

Zakat Recipients - Charities that will receive the obligatory zakat donation.

Burial Wishes - Preferences for Islamic burial and funeral proceedings.

Additional provisions in a shariah will may cover business interests, trusts, funeral costs, and custody of minors. Customized language can be added for a testator’s specific wishes so long as they align with shariah.

Experienced shariah advisors can assist in drafting wills that conform to Islamic law while also meeting legal requirements under United States probate code.

Creating Your Will According to Shariah Principles

The process for creating a shariah-compliant will includes:

1.  Consultation with an imam or shariah advisor to understand Quranic inheritance shares.
   
   
2.  Conducting an inventory of assets to be transferred.
   
   
3.  Identifying all potential Islamic heirs and their prescribed percentages.
   
   
4.  Designating charitable beneficiaries for obligatory zakat donation.
   
   
5.  Appointing an executor to ensure adherence to shariah principles.
   
   
6.  Drafting customized wishes regarding guardianship, funeral, and other estate matters in line with Islamic values.
    
7.  Including contingency provisions in case a primary heir passes before distribution.
    
8.  Reviewing the final will with a shariah advisor to confirm compliance with Islamic law.
   
   
9.  Signing and notarizing the will to make legally binding. Periodically update to reflect life changes.

While complex estates may require additional legal guidance, most Islamic wills can be created through do-it-yourself templates or software tailored for shariah compliance.

Inheritance Distribution Under Shariah  

Under a shariah will, inheritance distribution follows set rules:

•  Assets are first used to pay funeral costs, taxes, and any outstanding debts.
  
  
•  The remaining estate is then divided with obligatory zakat donated to charity.
  
  
•  The balance is distributed to Islamic heirs according to their designated Farāʾiḍ percentages.
  
  
•  If an heir passes before the testator, their share is redistributed to surviving heirs per shariah   laws.
  
  
•  Only relatives specifically designated as heirs per the Quran qualify for distribution.
  
  
•  Adopted children only inherit if they would qualify as a blood relative.
  
  
•  Assets left undistributed go to Bait-ul-Mal, or a community welfare fund.

An executor guides this structured distribution process. With a valid shariah will in place, the estate complies with religious laws while progressing through probate.

Probate Considerations for Islamic Wills

For shariah wills, the probate process involves additional steps:

1. The executor files the will with probate court, while retaining a copy.
   
   
2. Standard probate procedures apply, like appointing the executor, providing notice, and valuing assets.
    
3. The executor works with an attorney to address any conflicts between religious and probate laws.
   
   
4. If needed, the executor can provide proof of compliance with shariah principles for distribution.
   
   
5. Experts may provide testimony in probate court regarding requirements of Islamic inheritance.
   
   
6. Any disputes over shariah compliance would need to be handled through probate litigation and mediation.

While probate courts ultimately follow secular law, a properly drafted shariah will minimizes conflicts. Experienced Islamic legal counsel can navigate potential religious-probate issues.

FAQs About Shariah Wills

Do shariah wills bypass probate?

No, shariah wills must pass through standard probate like other wills. Probate ensures debts are paid before distribution to heirs.

Can a secular will comply with shariah? 

Secular wills can be shariah compliant, but may require modifications regarding zakat donations and Farāʾiḍ distribution. Consultation with a shariah scholar can ensure adherence to Islamic law.

Are shariah wills recognized in all US states?

Yes, a legally executed shariah will is fully enforceable in the United States. Probate courts allow freedom of religion and cannot discriminate against Islamic wills.

Who should I appoint as wasi (executor)?

Choose an executor familiar with both Islamic and probate laws. Often this is an adult child, attorney, or trusted family friend who can ensure shariah compliance.  

Do all assets have to follow shariah distribution?

Any assets governed by the shariah will must follow Islamic inheritance laws. Retirement accounts and life insurance with designated beneficiaries will go directly to those named individuals.

Can I favor sons over daughters for inheritance?

No, shariah requires children inherit equal shares regardless of gender. You cannot override fixed Quranic percentages.

How do I update a shariah will?

Major life events like marriage, divorce, new children, buying property, or conversion to Islam require updating your shariah will to reflect the changes. Meet with an advisor to review periodically.

Creating an Islamic will brings assurances that your religious values regarding end-of-life planning are carried out. With proper shariah guidance and legal execution, Muslim families gain confidence their estate will further their legacy in line with Quranic principles of inheritance and zakat.