4 Reasons an Islamic Will is generally useless

You probably came to this website looking for an Islamic Will and wondering if you are really doing the right thing for your family.

While Islamic Inheritance is undoubtedly a faridah too often ignored by American Muslims, seeking an “Islamic Will” or even a form “Islamic Living Trust” is often useless.  We will provide for reasons for why this is the case.

The American “system” of Inheritance is almost identical to the system of inheritance that existed during the period of Jahiliyyah in Mecca.  That is to say it’s a hodgepodge of things that may reward personal vanity, usurpation of the wealth of orphans, manipulation, and so forth.

Islamic Inheritance is fundamental to Islamic society, for all the same reasons the system that existed during the period of jahilliya was unjust.

Most people don’t do any planning at all.  Often when people do a will it amounts to the same thing.  I have experienced this before with a client who was a widow, who’s husband wrote an “Islamic Will” before going to hajj.  When he died a few years later, the will was sitting in a photo album.  Nothing was ever done about it!

Reason 1: A will does not control all your property

In fact, a will only controls a small portion, and often none of a person’s property.  It only addresses what is called “probate property.”  That’s the property a judge gets to order the distribution of.  You don’t want this kind of property.

Reason 2: Joint Tenancy with Right of Survivorship

How you own property matters.  Most people own their property through joint tenancy with right of survivorship.  This will frustrate almost anything they do.  In addition to being poor planning, even for non-Muslims, it an injustice to the heirs.

Reason 3: Beneficiary Designations

Another category of assets not controlled by the will, at least not most of the time, are assets that are beneficiary designated.  These are assets that a company or some other organization has a contractual obligation to pay someone else.  This usually will not comply with the Islamic Rules of Inheritance and if all you do is rely on a will,  the rules will not be followed.

Reason 4: Your will may be ignored

Unlike a well drafted trust-based plan, a will is designed to be approved by a Judge.  A judge may be obligated to ignore necessary Islamic Provisions in a will.  This is not to be obnoxious; it’s just what the rules may call for.

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