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Sharia Compliant Estate Planning

Sharia Compliant Estate PlanningIn this article, you will learn…

  • How our firm ensures estate planning conforms to Islamic law,
  • Some key differences between Massachusetts law and Islamic law, and
  • The importance of having a will if you want to conform to Islamic law.

What Does The Quran Say Regarding How Wealth Must Be Distributed After Death?

My firm will usually work with a client’s Islamic scholar in order to ensure the client’s plans conform to what the Quran dictates. I have a basic level of understanding from studying for the purpose of helping past clients. If someone really wants me to help them with their estate planning without an Islamic scholar, I will always do the best I can. Typically, though, we work with the client’s Islamic scholar to craft the estate plan.

As I’m not a Muslim or an Islamic scholar, I don’t feel qualified to speak to what the Quran specifically lays out for how wealth must be distributed after death. For this reason, I make myself available to work with Islamic scholars so that my client can feel confident and comfortable with their future plans.

The Quran does have very specific things that are required. From experience, I can tell you that there are areas where Massachusetts law does contradict Islamic law.

Without Proper Planning, Will Massachusetts State Laws Automatically Control Distributions Of An Estate? Does This Generally Align With What Is Consistent With Islamic Law?

Without proper planning, Massachusetts law will automatically control distributions of an estate. Massachusetts law is not consistent with Islamic law.

For instance, under Massachusetts law…

  • If you’re married, everything is going to go to your spouse.
  • If you have four children, everything will be divided equally among your children.

Under Islamic law…

  • Even if you’re married, assets are going to be distributed to parents and children.
  • Some children may receive more than others.

What Is A Will? And Should Every Muslim In Massachusetts Have One?

A will is a document that outlines how you want your assets to be distributed upon your death. You can detail who you want to administer your affairs, how you want the estate to be administered, and who you want to be guardians of your children.

If you’re a Muslim who wants to follow the Quran, you will absolutely need a will to ensure that your estate is distributed in accordance with Islamic law. You should have a will or even a trust that clearly delineates who you want your assets to go through because Islamic law is very different from Massachusetts law.

What Kind Of Living Trust Properly Passes Or Protects My Assets Under Islamic Inheritance Law?

Having a trust over just a will allows your estate to be administered without probate. A trust does the same for a Muslim as it does for anyone else, which is essentially avoid probate.

For more information on Sharia Compliant Estate Planning, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (508) 233-2305 today.

Joshua Cali, Esq.

Call For Free Consultation

(508) 233-2305

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