ISLAMIC INHERITANCE OR FARAID

What is Islamic law?

Islamic law is the spiritual law for Muslims. Islamic law is also called as Sharia, Shariah, Saria, Sariya, Sariyah, or Syariyah. The majority of the Islamic law form the devotional (i.e., faith, moral conduct, virtues, prayers, fasting, obligatory charity, and pilgrimage)  but a little (i.e., less than 5%) comprises the legal commandments for marriage, divorce, Inheritance, etc. The Islamic law has four sources; Holy Quran, Sunnah (i.e., Book of Hadith comprises the saying of Prophet Muhammad Sallallahu Alayhi wasallam), Ijma (i.e., a consensus of companions), and Qiyas (i.e., analogical deductions). The Primary source of Islamic law is the Holy Quran and Sunnah. The Ijma is considered the next source for Islamic law if no reference is found either in the Holy Quran or Sunnah. The Qiyas is the last source of Islamic law when Ijma is not possible. As it stands, Islamic law is firmly established from all four sources. If there is any new interpretation is required, Muslims rely on Fatwa and Itihad.

Why Islamic inheritance law is important for Muslims?

Islamic Inheritance law, also refers to as the Muslim succession law or Faraid, which is compulsory for Muslims to follow. (See Holy Quran 4.11-13, 176) and form the foundations for Muslim estate planning (i.e., Islamic Wills, Trust, or Waqf). Islamic estate plans must comply with sharia and legal laws. You should know that there are notable similarities and differences between Islamic law and Legal or Secular laws. 

Can I create Islamic Will against Faraid?

Islamic law does not allow creating an estate plan that can bypass the Faraid, as Allah (Subhanahu Wa-ta-ala) states in the Holy Quran, Surah An-Nisa, verses 11 to 14, about expectations in following Faraid.

Which properties do not fall under Faraid in general?

Specific properties with beneficiaries designated cannot be covered under Islamic Will and/or Trust. For example, properties under Joint Tenancy, Joint accounts, Insurance policies, Pension plans, or other investments. You need to make special arrangements for such properties to comply with Sharia.

What is the big challenge regarding Islamic inheritance law?

First of all, if you live and/or have assets located in one or more non-Muslim majority countries, compliance with Islamic inheritance law requires the best estate plan. Online free Islamic Wills templates do not address this. Another challenge is; not many people specialize in Islamic inheritance law. Not all Islamic scholars know the Islamic inheritance law in greater detail. Not all Attorneys or Estate planning experts know Islamic inheritance law unless they are specialized in Islamic estate planning. Wassiyyah ACADEMY provides the learning opportunity for everyone to learn Islamic inheritance law.

What is essential to know regarding Islamic inheritance?

Islamic Inheritance law is the foundation for Islamic Will. The primary source of Islamic Inheritance law is the Holy Quran, where Allah (Subahanahu Wa ta'ala) directs humanity to follow the laws of inheritance in the Holy Quran, chapter 4, Surah An-Nisa. It is a voluntary act but rewarding for Muslims to give away one-third or less of a bequest. You can allow the bequest of up to one-third from your total estates part of your Will. However, inheritors can give away whatever they wish of their share of inheritance as a bequest or charity with their own Will. If you do not create shariah compliant Will, the distribution of estates will occur per the Country's intestacy law, not the Muslim succession law. Wassiyyah offers an exclusive sharia scholar-approved Islamic inheritance law course to learn more about Sharia inheritance rules and Islamic inheritance calculations, which is available at a nominal cost of $US10 with lifetime premium membership access.

Is Islamic inheritance law forced heirship?

The Islamic inheritance law is obligatory and strictly forced heirship system for Muslims. It allows only one-third or less to distribute under free Will to non-Islamic heirs, needy, or charity. Adhering to shariah regarding inheritance is one of the most critical obligations of Muslims.

What is the Islamic Inheritance certificate, and How can it be useful for estate planning purposes?

​This Islamic Inheritance Certificate is not a legal document but is an effective tool for Executors and Trustees. This document can be used with Islamic Wills or sometimes with Trust. Whether you create Islamic Wills or Trust with Wassiyyah or other services, this document can support Probate or other court processing by Executors and Trustees. Click HERE to learn more.

Where do I start if I want to learn more about Islamic Inheritance law?

You are encouraged to complete the Islamic inheritance law course by visiting HERE. Wassiyyah created this course after learning through Muslim scholars who have spent more than 35 years teaching Islamic inheritance. We have converted our years of learning Islamic inheritance into websites, video series, pamphlets, and books. You can find more information HERE.The course is free for Premium members. The premium membership comes with many benefits.

If you are confused or don't know where to start, please JOIN US​ to receive your free E-Book "Beginners guide to Muslims estate planning," specially designed for those who seriously want to make their estate plan completed in the easiest and quickest way.

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