WASSIYYAH

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Islamic estate planning in legal and Shariah context

Estate planning is crucial for Muslims, as it touches every aspect of our lives—our wealth, estates, and debts. These are key concerns in today’s world, both personally and in business. The wealthy work to protect their assets, while the less fortunate often struggle to meet basic needs. This disparity is part of the reality we face, and it’s a test (fitnah) that reminds us to stay grounded, avoid materialism, and be grateful to Allah (Subhanahu wa ta’ala). Below are some key points to help you develop a strategy for tackling estate planning challenges.

While estate planning is often associated with wealth, it covers many other important aspects of life, including legal and Shariah considerations. This may involve mental capacity, child guardianship, family relationships (such as marital and parental duties), medical preferences, personal values, and final wishes. We offer comprehensive estate planning tools to ensure your intentions for your wealth and estates are protected in line with both legal requirements and Islamic principles.

Shariah (Islamic law) is consistent and clear for all Muslims, while legal systems around the world tend to vary significantly. In Shariah, things are simple: you can give a gift either verbally or in writing, and inheritance automatically follows Islamic guidelines without the need for further action. However, when it comes to legal laws, the situation is much more complicated. This creates a need for a more tailored approach to ensure your estate planning is both legally sound and Shariah-compliant, particularly for Muslims living outside of Islamic states.

A common misconception is that all Muslim countries strictly follow Shariah law, but this is far from the truth. Many Muslim countries have adopted a blend of British, French, and Shariah legal systems, which complicates matters further. For this reason, it’s essential for Muslims, no matter where they live, to have a robust Islamic estate plan that aligns with both their legal requirements and Shariah principles.

Ideally, if all countries followed the same legal systems, estate planning tools would be uniform as well. But in reality, that’s not the case. You may find that no estate planning tool is perfect, and we want to make sure you're aware of this upfront so that you don’t fall into pessimism. It’s completely normal to feel this way, as we live in a dynamic world where laws and tools beyond our control can complicate things. That’s why it’s crucial to make the best use of the tools and laws available to us to ensure proper estate planning.

At Wassiyyah, our team of experts specializes in all major religious laws of inheritance, including Jewish, Hindu, and civil legal systems. However, none of these laws can compare to the beauty and depth of Islamic inheritance law. You truly can’t appreciate its wisdom and elegance until you study it closely.

For Muslims, worship extends far beyond prayer, fasting, zakat, and pilgrimage. Every aspect of life is governed by Islamic principles, including how we handle wealth, inheritance, and debts—especially when we pass away. The final accounting of wealth, and ensuring that our duties are fulfilled, is of utmost importance. This is where estate planning becomes crucial.

Failure to comply with the laws of inheritance can have a direct or indirect impact on a Muslim's salvation (Najaat), something no believer can afford. The consequences of neglecting these duties can be far more devastating than anything else we might lose in life. The Quran is clear on inheritance matters, particularly in Surah An-Nisa, verses 13-14. Moreover, the purification of wealth is a significant favor from Allah (Subhanahu wa ta’ala), as highlighted in this Hadith:

It was narrated from Ibn Umar that the Messenger of Allah (Sallallahu alayhi wasallam) said, “(Allah Subhanahu wa ta’ala says) O son of Adam! I have given you two things which you do not deserve (except by the mercy of Allah Subhanahu wa ta’ala): I allow you to dispose of a share of your wealth when you are on your deathbed in order to cleanse and purify you, and my slaves will pray for you after your life is over.” (Sunan Ibn Majah, Book 22, Hadith 2814).

Understanding and adhering to Islamic inheritance law isn’t just a legal or financial matter; it’s a spiritual responsibility that directly affects our akhirah (afterlife). This is why estate planning isn’t just a good idea—it’s a critical part of our faith and legacy.