Helping You Fulfill Your Religious Obligations

Islamic Wills and Trusts

"It is not permissible for a Muslim who has any assets to stay for two nights without having his Will written and kept ready with him." -Bukhari

 

As Muslims, we spend our lives working to provide a halal income for our families. We try to plan for everything, but most of us forget to plan for life’s one certainty: none of us will remain here forever.

Our expert Islamic estate planning attorneys specialize in helping Muslim clients create Sharia-compliant estate plans that are designed to protect your loved ones in the event of incapacity or death, leave a legacy for your community, and ensure that your assets are distributed in accordance with the Islamic law of Inheritance as laid out in the Quran and Sunnah.

We also serve as consultants to other attorneys looking to design Sharia-compliant estate plans for their clients and navigate the complexities and intersection of secular estate planning, Islamic inheritance law, and federal tax law.

Islamic estate planning, explained

Our estate planning experts are trained in classical Islamic law and secular estate planning . We can design comprehensive, legally enforceable plans that address the important questions in this slideshow.

Below, you’ll find access to our list of core estate planning services, which can all be customized and made sharia-compliant.

If I'm sick or injured, who makes my financial and medical decisions?

Medical and financial decisions are treated differently in the law – but we can help with both. Respectively, you’ll need a health care power of attorney, and a financial power of attorney. We can help you put together these documents, select your agents, and memorialize your wishes. 

How can I ensure compliance with Islamic bioethics and end-of-life rituals upon my death?

We understand the importance of memorializing your wishes to ensure that, if you choose it, your plan is in religious compliance. We can draft language inside a will and health care power of attorney to give your agents clear instructions – whether it’s for organ donation, ensuring ghusl (ritual washing), or janazah (funeral prayers).

Upon death, how can I ensure I fulfill my religious and family obligations?

Most of our plans are built upon the foundation of living trusts. These can contain comprehensive Islamic inheritance instructions to ensure your belongings are administered in religious compliance, while avoiding a costly, months-long probate process. Ensuring your assets are allocated correctly is as simple as putting them in the name of your trust.

How do I resolve conflicts between Islamic and state law, while minimizing my tax burden?

This question doesn’t have a simple or one-size-fits-all solution; we can, however, help find the answer. One common route we take is creating a side letter memorializing your wishes, to create instructions for your agents and family. We can draft a plan in strict religious compliance, or one that merges religion and tax optimization. The direction is yours — we’ll help along the way.

How do I use lifetime and discretionary giving to support the people and causes I care about?

Islamic inheritance laws provide for strictly-outlined inheritance breakdowns and calculations – but we can help you find solutions to unique challenges while remaining in compliance. Tools such as lifetime gifts can be used freely to supplement the inheritance you anticipate leaving.

Yaser’s expertise in planning for Muslims is based on his deep understanding of Islamic Inheritance law and and its application and integration with conventional estate planning tools in the United States. He co-authored the American Bar Association’s Practice Guide to Estate Planning for Muslim Clients, and has delivered dozens of presentations on this topic at Mosques around the country including the Islamic Center of Irving, the Muslim Community Center of the East Bay, and the South Bay Islamic Association. 

Intro to Islamic Inheritance for Lawyers

Intro to Islamic Inheritance for Lawyers

Managing attorney Yaser Ali co-authored a journal article with attorney Martin M. Shenkman about the creation of Sharia-compliant estate plans last year. This article serves as a comprehensive...

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Schedule a consultation with our Islamic estate planning attorneys and take the first step towards fulfilling your religious obligations, securing your legacy and protecting your loved ones.


Contact our firm to start your estate plan, learn more about our services, or invite Yaser to your community.