Some important topics covered:
https://www.youtube.com/watch?v=jonWcT17b_U Start on your Islamic will today. Contact now-- R.M. Quarels, LDA R.M.Quarels Legal Form Help legal document preparation service Tel: (323) 900-9837 Email: [email protected] http://legalformhelp.weebly.com R.M. Quarels Legal Form Assistance is a non-attorney alternative for typing your legal documents. We are not attorneys and cannot provide you with legal advice, select forms, nor represent you in court.
0 Comments
(Part 4 and Final)
The Will (Al-wasiyya) The Executor of a will Executor of the will (Al-wasi Al- mukhtar) the executor (al-wasi) of the will is the manager of the estate appointed by the testator. the executor has to carry out the wishes of the testator according to Islamic law, to watch the interests of the children and of the estate. The authority of the executor should be specified. Hanafi and Maliki fiqh state that the executor should be trustworthy and truthful; the Shafii fiqh state that the executor must be just. the Hanafi fiqh considers the appointment of a non-Muslim executor to be valid. the testator may appoint more than one executor, male or female. the testator should state if each executor can act independently of the other executor(s). if one starts acting as an executor, one will be regarded as having accepted the appointment, both in Islamic and in English law. Retrieved from Islam101, By: Dr. Abid Hussain R.M. Quarels, LDA R.M.Quarels Legal Form Help legal document preparation service Tel: (323) 900-9837 Email: [email protected] http://legalformhelp.weebly.com R.M. Quarels Legal Form Assistance is a non-attorney alternative for typing your legal documents. We are not attorneys and cannot provide you with legal advice, select forms, nor represent you in court. (Part 3)
The Will (Al-wasiyya) The Testator (Al-musi) Every adult Muslim with reasoning ability has the legal capacity to make a will. An adult for this purpose is someone who has reached puberty. Evidence of puberty is menstruation in girls and night pollution (wet dreams) in boys. In the absence of evidence, puberty is presumed at the completion of the age of fifteen years. The Maliki and Hanbali fiqh also consider the will of a discerning (tamyiz) child as valid. Under English Law you must be at least 18 years of age to make a valid will (similarly in most of the United States of America) unless you are a military personnel in which case you may make a valid will at the age of 17. The testator must have the legal capacity to dispose of whatever he bequests in his will. When making a will the testator must be of sane mind, he must not be under any compulsion and he must understand the nature and effect of his testamentary act. The testator must of course own whatever he bequests. The testator has the right to revoke his will by a subsequent will, actually or by implication. In traditional Sunni Islamic law the power of the testator is limited in two ways: firstly, he cannot bequest more than 1/3 of his net estate unless the other heirs consent to the bequest or there are no legal heirs at all or the only legal heir is the spouse who gets his/her legal share and the residue can be bequeathed. Narrated Sa‘d ibn Abi Waqqas (RA): "I was stricken by an ailment that led me to the verge of death. The Prophet came to pay me a visit. I said, "O Allah's Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity?" He said, "No." I said, "Half of it?" He said, "No." I said, "One-third of it?" He said, "You may do so, though one-third is also too much, for it is better for you to leave your offspring wealthy than to leave them poor, asking others for help..." (Sahih al-Bukhari, Sahah Muslim, Muwatta, Tirmidhi, Abu Dawud and Ibn Majah.) secondly, the testator cannot make a bequest in favour of a legal heir under traditional Sunni Muslim law. However, some Islamic countries do allow a bequest in favour of a legal heir providing the bequest does not exceed the bequeathable one-third. Legal heir in this context is one who is a legal heir at the time of death of the testator. Narrated Abu Hurayrah (RA): Allah’s Prophet (SAWS) said, "Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir. (Abu Dawud). Similar hadith narrated by Abu Umamah (RA) and reported by Ibn Majah, Ahmad and others. Retrieved from Islam101, By: Dr. Abid Hussain To be continued, insha'Allah . . . R.M. Quarels, LDA R.M.Quarels Legal Form Help legal document preparation service Tel: (323) 900-9837 Email: [email protected] http://legalformhelp.weebly.com R.M. Quarels Legal Form Assistance is a non-attorney alternative for typing your legal documents. We are not attorneys and cannot provide you with legal advice, select forms, nor represent you in court. (Part 2)
The Will (Al-wasiyya) The Islamic will includes both bequests and legacies, instructions and admonishments, and assignments of rights. no specific wording is necessary for making a will. In Islamic law the will (wasiyya) can be oral or written, and the intention of the testator must be clear that the wasiyya is to be executed after his death. any expression which signifies the intention of the testator is sufficient for the purpose of constituting a bequest. there should be two witnesses to the declaration of the wasiyya. A written wasiyya where there are no witnesses to an oral declaration is valid if it is written in the known handwriting/signature of the testator according to Maliki and Hanbali fiqh. the wasiyya is executed after payment of debts and funeral expenses. the majority view is that debts to Allah (SWT) such as zakh, obligatory expiation etc. should be paid whether mentioned in the will or not. However, there is difference of opinion on this matter amongst the Muslim jurists. To be continued, insha'Allah . . . R.M. Quarels, LDA R.M.Quarels Legal Form Help legal document preparation service Tel: (323) 900-9837 Email: [email protected] http://legalformhelp.weebly.com R.M. Quarels Legal Form Assistance is a non-attorney alternative for typing your legal documents. We are not attorneys and cannot provide you with legal advice, select forms, nor represent you in court. Some important topics covered:
https://www.youtube.com/watch?v=jonWcT17b_U We will begin a several part series on Wasiyyah (Islamic Wills) (Part 1) What is a Wasiyyah? Wasiyyah --Wow, Suaad, Ya. A wasiyyah is a will or bequest. It has instructions given by a person who is about to die that must be executed after his death. It provides a set of instructions given by a person to individuals whom he expects to survive him. “It is ordained for you, when death approaches any of you and he is leaving wealth, that he should make a fair bequest (Wasiyyah) for the parents and near relatives, a duty upon the righteous” [AlBaqarah 2:180] The part pertaining to parent has been abrogated, but the other part is still valid. “(Give these shares) after payment of any bequeathal (wasiyyah) that he may have made, or debts (that he owed)” [AnNisa 4:11] A Wasiyyah serves the interests of our beloved ones. It guarantees the transfer of our estate to our rightful heirs. If there are things worth bequeathing, the person must hasten to write his will. This is an obligation upon such people. “It is not rightful for Muslim who has something to bequeath to sleep two consecutive nights without having his will written with him.” (Bukhari) Ibn Umar said: “Since I heard this (hadith) from the Prophet (Sallalahu Alayhi Wasallam), I did not pass even one night without having my will with me.” (Bukhari) A will clarifies things before the death of a person. This helps prevent later confusion & conflicts. A will can help override non‐Islamic distribution of wealth imposed by the state. A will has a special sanctity that must be observed and executed. Writing a will is emphasized when a person--
There are four types of wills: 1) Verbal--This will not be accepted in Islamic court. Heirs may consider this internally. It is makrooh [AlBaqara 2:282] 2) Hand written 3) Typed 4) Electronic To be continued, insha'Allah . . . R.M. Quarels, LDA R.M.Quarels Legal Form Help legal document preparation service Tel: (323) 900-9837 Email: C[email protected] http://legalformhelp.weebly.com R.M. Quarels Legal Form Assistance is a non-attorney alternative for typing your legal documents. We are not attorneys and cannot provide you with legal advice, select forms, nor represent you in court. Writing a will is emphasized when a person--
Planning for Incapacity or for when you are unable to speak for yourself
From: Family Caregiver Alliance--National Center on Caregiving https://www.caregiver.org/legal-planning-incapacity FAQ (Retrieved from Islamic Will Writers - UK and Shariah Compliant Wills)
http://www.islamicwillwriters.com/why-make-islamic-will.php What is the difference between an Islamic Will and a normal Will? Legally, there is not much difference as both are valid in England and Wales. Practically, the difference lies in how your wealth is to be distributed and who your heirs are. In an Islamic Will your wealth is distributed in accordance with the Qur’an and Sunnah to your closest relatives. In a normal Will you choose your heirs and how your wealth is to be distributed. Therefore, it is important that the person drafting your Islamic Will is well versed in the intricacies of Islamic laws of inheritance. Who should make an Islamic Will? Any Muslim of 18 years or over can make a Will as long as you are of sound mind and knowledge – in other words you understand what you are doing and why. What is the Islamic law of inheritance? The Qu’ran outlines the Islamic laws of inheritance. The basic principles can be summarised as follows:-
Which school of thought do you follow? The Islamic law of inheritance is outlined in Surah An-Nisa of the Qur’an. As long as there is a male heir, namely father, son or full brother, then there are no differences of opinion between the four main schools of thought. Therefore our Wills, insha’Allah, are acceptable to the majority of Muslims. However, if you have no living male heirs then please contact us to discuss the options available to you. What should I do before making my Will? It is important to consider and decide on the following before making your Will: Who to appoint as your Executor(s). Executors are persons appointed by you to effectively be your representatives after death. It is important to appoint trustworthy and reliable individuals as they will be responsible for administering your estate and carrying out the provisions of your Will. This typically involves valuing your estate, paying out any debts, expenses and tax, dealing with the probate courts and ultimately distributing your wealth in accordance with your Will. Who to appoint as your Guardian(s). If you have young children you should appoint Guardians in the event that both parents die before they reach the age of 18. You should choose a couple who you trust and who can offer the best care for your children and are able to give them Islamic teachings you approve of. It is particularly significant if you have non-Muslim relatives and want your children to be raised as Muslims. Any gifts or charitable donations you would like to make. You can leave up to a maximum of 1/3rd of your estate to those not entitled to a Qu’ranic share. It is very important to note that The Inheritance (Provisions for family and Dependants) Act 1975 enables certain people to make a claim for a provision out of your estate after your death. Therefore, you should consider making a gift to people who are financially dependent upon you but are not automatically entitled to a share according to the Qu’ran. For example, illegitimate, step and adopted children have the same rights of inheritance under English law but not under Islamic law. They would be entitled to make a claim should no provision be made for them. What is my estate made up of? Broadly speaking this is everything you own at the time of your death, minus your debts. Everything you own includes your property, cars, jewellery and other personal valuables, paintings, stocks/shares, bank accounts, insurance policies, businesses interests and pensions. Your debts include funeral and burial expenses, any tax and any ‘obligations to Allah’ such as zakat, mahr (bridal money) and kafarah. If you own property jointly, for example with your spouse, your share in that property will form part of your estate. Under Islamic inheritance laws your share will be distributed amongst your closest relatives. Likewise if you own businesses jointly with others then your share will form part of your estate. Do I need to value my estate? You don’t need to professionally value your estate for the purpose of writing your Will as it is likely to change from now until the time of your death. A rough estimation will suffice for the purpose of writing your Will and will give you an idea of the value of your estate and how your family could benefit. It will enable you to make decisions about how much to leave as gifts and whether you need to take any measures to reduce Inheritance Tax if your estate is worth more £312,000. What is Inheritance Tax? Inheritance Tax is payable if your estate is worth more than £312,000 (2008-2009 tax year). It is charged at a staggering 40% and could leave your loved ones with a hefty tax bill after you have passed away! So it makes sense to start thinking about tax planning to minimise the tax as much as possible. Inheritance Tax Planning will help you to ensure that when you die everything you own goes where you want it to and very little, if anything, goes to the tax man. This could help you provide a sound financial future for your family. At Islamic Will Writers we have Chartered Tax Advisers who can advise on all tax planning routes. If you would like to consider these options please contact us. What happens to property I own jointly with my spouse? Under English and Welsh laws properties owned jointly are held in two ways;-
LegalFormHelp.weebly.com [email protected] (323) 900-9837 Even a Smile is Charity! Some Muslim couples were married through a religious ceremony, but the marriage was never made civil. A civil marriage is is a marriage performed, recorded, and recognized by a government.
If you have close relatives of a different faith, it's possible their wishes will determine your end of life medical treatment and burial arrangements, rather than your Muslim spouse. If you believe your non-Muslim relatives' decisions may be contrary to Islamic traditions, then a Health Care Directive might be helpful for you. We have brochures on topics related to Wills, Power of Attorney, Health Care Directives and more if you are interested in this subject. Email us, and we will be more than happy to send you the legal information. Save hundreds of dollars in legal fees when you use R. M. Quarels Legal Form Help! LegalFormHelp.weebly.com [email protected] (323) 900-9837 Even a Smile is Charity! |
Archives
November 2016
Categories |