Legal Matters to Keep in Mind When Creating Islamic Will

Leaving behind an Islamic will is not a necessity but considering the consequences of not leaving one, it is wise to leave behind one. When there is no will it can create a lot of discomfort and discord among the living relatives. A lot of people become estranged for life because of property disputes.

When a person leaves a will there is no confusion on how the assets of the deceased should be distributed. There is always a possibility that not everyone will be happy with the contents of the will but the assets will be distributed.

Islam has given clear instructions on writing a will and a Muslim has to follow these instructions to ensure the validity of the will. It is better to consult Islamic wills in UK so that there is nothing legally wrong with it.

To avoid dispute leaving a will is considered a necessity from legal and shariah’s aspect.

When there is no will the government becomes responsible for handling and distributing the assets of the deceased person. They are going to do it according to their own rules and regulations. The Islamic laws can differ from I heritance laws of the country if you are living in a non-Islamic country. So, it is better to leave a will so that you are able to follow the teachings of Islam.

The one-third option:

Islam has given detailed instructions on how the estate needs to be distributed after a person’s death. The relationship of an individual with the estate can also vary. There are three possibilities when it comes to an individual’s relationship with the estate.

The will gives the full control over the estate

The will gives partial control over the estate

No control over the estate

Islam is just religion and it has taken the middle position so that all the people related to the will are justly rewarded. According to Islam, a person retains the control to decide who is going to give two-thirds of the property. The two-third of the assets are divided according to the rules defined by Islamic inheritance law. An individual does have any right to distribute the two-third according to their wishes.

The only way to disposing of the one-third according to one’s wishes it is essential to leave a will. The assets are not distributed on word of mouth. Written evidence is crucial for getting the part of the estate that they have inherited.

What qualifies as estate?

The estate is a term that is used for everything that you own. The estate includes all the properties that a person has in their name. All the investments and goods are a part of the estate as well.

Appointing executor:

It is a normal practice to appoint a family member as an executor. The conditions you need to remember while appointing an executor is that the person you choose is sane, of age and a Muslim.

Finding a guardian:

If you have children and they are not of age then you should appoint a guardian for your children. Normally the surviving spouse is the guardian but if the spouse is absent then appointing guardian becomes more important.


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Written by Jude Adams

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