Islamic Wills and Applicable U.S. Laws

What this episode covers

A special presentation by Mufti Abrar Mirza and Attorney Zubair M. Tajuddin, Esq. Rasulullah (Sallallahu Alayhi Wasallam) commanded: It is incumbent for every Muslim to have his/her written will in a safe place at all times. Without a valid Will/Trust, between 6% and 40% of your assets could go to taxes and fees, and your children could be split up and sent to foster homes. The need for an Islamic Will is therefore imperative especially when living in this part of the world. [View more presentations.] The seminar was divided into three parts. Mufti Abrar Mirza spoke first on Inheritance and the importance of having a will recognized by law. This was followed by Brother Zubair Tajuddin explaining legal aspects of wills and estate planning. The last part consisted was an open questions and answers session. Here's a brief outline of the topics covered, also delineated in the above slides. Inheritance Workshop Presented by Mufti Abrar Mirza Preparation for death Only certainty in life Not just something to await, but to prepare for Death on īmān Advice to family Settling of debts Inheritance & bequests Importance in Islam Mīrāth (Inheritance) Shares specified in the Qur’an Wasiyyah (Bequests) Up to one-third Inheritors ineligible Reacting to death Grieving within Shar’ī limits Rushing janāzah Sending thawāb Distribution of estate Burial expenses Settling of debts Wasiyyah Mīrāth Misconception Claims of unfairness in son receiving twice the share of daughter Woman’s wealth for herself only Man’s wealth for him and all dependents May include wife, parents, siblings, etc. Practical advices Shares in one’s lifetime Ownership of small, low value items Joined family homes All necessary details Make-up fasts, prayers, and Hajj Scholars Custody Medical treatment Timely execution of the will Should not forgo one’s share Introduction to Estate Planning Presented by Zubair Tajuddin Estate Planning The legal and financial process of arranging and managing your assets during life and after death. There are Six primary issues. Distribution Who will receive distribution? How much will they receive? How will they receive it? When will they receive it? What will they receive? Guardianship of Minor Children Who can care for minor children? What is the guardianship process? How to appoint guardians? Probate Taxes How much are Probate Taxes? (US Citizen v. non-US Citizen) How to avoid Probate Taxes? Probate Courts What is the Probate Court process and why is it necessary? How and why to avoid probate courts? What are the benefits and drawbacks to avoiding probate courts? Disability Who will make financial decisions? Who will make health care decisions? What are your end of life decisions? Liability Is there a risk of professional liability? Is there a risk of investment liability? What assets can be protected? What does protecting an asset mean? Speaker Bios: Mufti Abrar Mirza started his studies in Islamic education by first learning Arabic while enrolled in Benedictine University, Lisle, IL. He also enrolled at the well known institute for Islamic and Arabic studies, Darul Qasim (Lombard, IL), headed by Shaykh Amin Kholwadia. Mufti Abrar, along with a handful of other students, helped form the first batch of 'alim-course students at IIE. He has thus had the opportunity to study under several recognized scholars, including Maulana Abdullah Saleem (may Allah lengthen his life) and his father, the renowned mufassir of the Qur'an and Shaykh al-Hadith of Darul Uloom Deoband, Maulana Muhammad Na'im (may Allah have mercy on him), under whom he completed the study of Sahih al-Bukhari. Through him Mufti Abrar's sanad of hadith is equal to or higher than the sanad of many recognized scholars around the world.