30 Dec 2021

Islamic will

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Here at KORT, we are working on doing all the tough work for you. You will be able to access a FREE Will writing service which is completely compliant with Islamic law and domestic law - and it will just takes 20 minutes to complete.

What is an Islamic will?

An Islamic will is a legally binding file that states to whom a person will be leaving their possessions (property, belongings, cash) to upon their return to Allah (SWT). This is a bequest.

This will consider 2 groups of people:

Ascendants: Including your partner (husband/wife) and parents.

Descendants: Your kids, brother or sisters and grandchildren (full brother or sisters and half-siblings).

A will can likewise include bequests for charitable purposes.

As a Muslim, you should distribute your wealth after you die according to the sharia (Islamic law). If you reside in the UK, then having a Will is a must. This is since if you pass away without one, your assets will be dispersed according to domestic law, not Islamic law.

You need to have a Will that adheres to both English law and Islamic law in order for it to be both legitimate in the UK and in accordance with Islam. Passing away without a will in the UK expenses typically ₤9,700 in lost assets and costs.

What is the Law for Wills in Islam?

In Islam, a will must be made by the person whist they live. A will is produced for the purposes of organizing ones residential or commercial property and assets, after their death, for the advantage of others or for charitable organizations such as KORT.

REASONS YOU NEED TO MAKE AN ISLAMIC WILL:

  1. It is your religious responsibility. Prophet Muhammad (ﷺ) said, "It is not acceptable for any Muslim who has something to will to remain for 2 nights without having his last will and testament written and kept all set with him." [Bukhari]
  1. You can conserve typically hundreds of countless pounds in inheritance tax-- the inheritance tax rate is 40% and uses to all things you have more than ₤ 325,000 (with some exceptions).
  1. You can avoid major household disagreements by developing a lawfully binding will that specifies how your estate ought to be dispersed.
  1. You can save your inheritors actually thousands in extra-legal, court, and estate tax payments (₤9,700 is the typical cost of dying without a will according to mainstream will-writers).
  1. You can save your inheritors and administrators a great deal of time, stress, inconvenience and concern by plainly laying out who is an administrator, who is your kids’ guardian, and who gets what. You might think that your wife/husband is going to sort things out for you, however what if a family member starts disputing that after you're gone? Clarity is constantly best.
  1. You do not want to leave something like the guardianship of your children to the family courts-- who might decide in favour of someone you would not appreciate with.
  1. If you are not lawfully married to your spouse (for instance, if you've just done a nikah), then writing a will guarantees your spouse will actually inherit something. It will likewise ensure that your partner gets a share of your family home-- which she/he will not otherwise under the laws of intestacy.
  1. They will not instantly inherit anything without a will if you have stepchildren, foster children, or other dependents who are not blood relations.
  1. It's a beneficial workout for you to reflect properly on death. It likewise indicates you're required into action from an administrative point of view. How will your executor ever discover that random savings account you opened where you've still got ₤300 in?
  1. And maybe most notably, as a Muslim you can designate up to one third of your estate towards a Sadaqah Jariyah (continuing charity) that will benefit you in the next life. Simply as Prophet Muhammad (saw) stated, "When an individual dies, his deeds come to an end except for 3: Sadaqah Jariyah (a continuous charity), or knowledge from which benefit is acquired, or a righteous child who hopes for him." [Muslim]

Charity given during your lifetime is better

Abu Dawood narrated a marfoo’ hadith from Abu Sa’eed al-Khudri, which was classed as saheeh by Ibn Hibbaan, which says: “If a man were to give one dirham in charity when he is alive and in good health, that is better for him than giving one hundred when he is dying.”.