Updated: Aug 6, 2023
Many Muslims believe that if they live and have assets in any Muslim-majority country, there is no need to create Islamic Wills or Trusts. However, this belief is flawed for several reasons, including the differences in Islamic jurisprudence schools worldwide, the legal framework, inter-marriages, mass migration, and freedom of thought. This article highlights why an Islamic estate plan is necessary, even if one resides in a Muslim-majority country such as Saudi Arabia, Dubai, Qatar, Kuwait, Egypt, or any other. Firstly, the differences in Islamic jurisprudence schools across the globe contribute to the need for an Islamic estate plan due to different interpretations. Secondly, the legal framework itself can be a limiting factor. Intermarriages and mass migration have become increasingly common in today's interconnected world. Individuals with ties to multiple countries or family members residing in different jurisdictions face challenges in ensuring their estate is distributed according to Islamic principles. For these reasons, Wassiyyah, an Islamic estate planning resource, becomes invaluable. By incorporating Wassiyyah's estate plan into your goal, you can be confident that your assets are distributed as per Shariah while also fulfilling all legal requirements. It provides peace of mind and guarantees that your wishes are respected, regardless of their location or the legal complexities surrounding Islamic inheritance. So, the misconception that Islamic Wills or Trusts are unnecessary in Muslim-majority countries is unfounded. Due to differences in Islamic jurisprudence schools, legal frameworks, inter-marriages, mass migration, and freedom of thought, an Islamic estate plan is essential to ensure proper asset distribution according to Shariah. Wassiyyah provides a practical solution, ensuring compliance with religious principles and legal obligations, regardless of the global context.
The differences in Islamic jurisprudence schools across the globe contribute to the need for an Islamic estate plan. Each school has its interpretations and understanding of Islamic law, particularly regarding inheritance. Therefore, relying solely on the legal framework of a specific Muslim-majority country may not align with one's personal beliefs or chosen school of thought because Islamic jurisprudence is not uniform globally. Most Asian countries, including India, Pakistan, Turkey, etc., are predominantly Hanafi. While in the Middle Eastern countries like Saudi Arabia and Qatar, predominately Hanbali. In Africa and the Arabian peninsula, Maliki is predominant. And, In Indonesia and Malaysia, Shafii is predominant. For example, you are from a Muslim-majority country where the predominantly Maliki, but if you moved to another Muslim-majority country where the Hanbali is predominant, then your estate distribution would not follow based on your original Madhab. Additionally, Marital is not uniform among the four Madhab (i.e., Hanafi, Shafii, Maliki, and Hanbali). Hanafi has marriages with other Madhab families. We encourage you to read "Sunni Madhab differences of opinions on Islamic Inheritance law."
The legal framework itself can be a limiting factor. While Muslim-majority countries generally apply Islamic law in inheritance, they may also incorporate civil laws or allow individuals to opt for different legal systems. This can create complexities and uncertainties when distributing one's assets, according to Shariah. One of the misconceptions most of us have is, Islamic law, or Shariah, is the main legal law in Muslim-majority countries. This is untrue; many things have changed in the last few decades. Many Muslim-majority countries have adopted British or French laws in addition to Islamic law. So, Islamic law has not remained pure for many such countries. When you think, you live in a Muslim-majority country and estate distribution will take place according to Shariah without Islamic Will or Trust, that is just an assumption you are making. Tunisia is an example where you find a complete shift in the legal system.
Marital is not uniform, meaning Muslims have a marriage with other non-Muslims. Sunni Muslims have marriages with Shiaa or other sects of Muslims. The inter-marriages create one of many complications that need proper treatment regarding estate planning to comply with Shariah; otherwise, it becomes almost impossible to comply. An Islamic estate plan can clarify and overcome legal hurdles in such situations.
The world is not the same as the world of the past. Everything is becoming dynamic, and mass migration has occurred in the last few decades. Mass migration has become increasingly common in today's interconnected world. Individuals with ties to multiple countries or family members residing in different jurisdictions face challenges in ensuring their estate is distributed according to Islamic principles. Mass migration matters because when someone moves to another country, his properties are all over the place, which is a challenge; how can you ensure you follow Islamic inheritance law for estate distribution, which is not uniform within the country, society, and community? So, due to migration if you left half of the assets in a Muslim-majority country and the rest in a non-Muslim majority country, how do you deal with this?
We are not referring to freedom of thought abusing Islam or Muslims, but we are becoming more welcoming in compromising Islamic estate planning. So, we ignore many things because it has become a culture not to follow Islamic inheritance or other related practices that are mandatory for Muslims. The concept of freedom of thought plays a crucial role. In some Muslim-majority countries, societal and cultural shifts have led to changes in personal beliefs and practices. As a result, individuals may adhere to different interpretations of Islamic law, making an Islamic estate plan essential to ensure their assets are distributed according to their specific religious convictions.