Why You Need an Islamic Will
❌ Without an Islamic Will
- State law decides everything - Tennessee Intestate Succession Laws will distribute your wealth
- Conflicts with Islam - Spouses get 1/3 minimum, parents may get nothing, no 2:1 son/daughter ratio
- No "Wasiyyah" - Cannot designate 1/3 for charity or non-heirs
- Wrong burial - Non-Muslim family may cremate or use non-Islamic burial
- Wrong guardians - State may choose guardians you wouldn't want for your children
✓ With an Islamic Will
- Follow Qur'anic commands for wealth distribution
- Ensure Islamic burial and funeral rites
- Choose your executors and children's guardians
- Make Wasiyyah for charity or non-heir family members
- Avoid family conflicts with clear divine guidance
⚠️ Important Disclaimer
This information is provided for educational purposes only and does not constitute legal advice. Estate planning involves complex legal and financial considerations that vary by individual circumstances. Always consult with qualified legal and financial professionals before making decisions about your estate plan.
Quick Start Guide
This comprehensive reference contains everything you need to create your Islamic Will and complete your estate planning. It consolidates all information from our workshop into one actionable guide you can reference throughout the process.
Quick Start: Jump to Action Steps for immediate next steps, or read through completely for full understanding.
Islamic Foundations of Inheritance
Core Islamic Principles
1. Wealth Belongs to Allah
- We are trustees, not owners of wealth
- Allah has dominion over everything on Earth
- Proper distribution is an act of worship
2. Divine Justice System
- Islamic inheritance prevents favoritism and subjectivity (= injustice)
- Protects family unity and prevents disputes
- Ensures justice for all family members and avoid amassing wealth and control in one hand
Qur'anic & Prophetic (Sunnah) Foundations
The Qur'an:
Based on Surah An-Nisa (4:9, 11, 12, 176), which provide complete inheritance formulas that we must follow.
Essential Hadith on Inheritance
"It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a will about it." (Sahih al-Bukhari)
"Learn the Science of Inheritance because it is from your religion, it is half of knowledge, and it is the first knowledge that would be removed from my nation." (Al-Hakim)
Warning Against Harm:
- "Causing harm in a will is one of the major sins." (Al-Darakutni)
- "A man may act in obedience to Allah for sixty years, and a woman likewise, but when death approaches them, they cause harm in the will, so the Fire becomes their due." (Abu Dawud)
Understanding Islamic Inheritance Rules
The Two-Part System
Part 1: Mirath (Fara'id) - 2/3 of Estate/Wealth
- Fixed by Allah - you have no choice/control in distribution
- Must go to qualified Islamic heirs in prescribed proportions
- Cannot be changed to give more or less to anyone
Part 2: Wasiyyah - Up to 1/3 of Estate/Wealth
- Your discretionary choice - can go to anyone except existing heirs
- Not required - you can give 100% of your wealth to Islamic heirs if you prefer
- Common uses: Charity (Sadaqah), Islamic institutions (mosques, schools, relief organizations, etc.), non-Muslim family members, distant relatives, adopted children
Categories of Islamic Heirs
| Category | Who They Are | When They Inherit |
|---|---|---|
| Primary (Fixed) Heirs Ashab-ul-Furud |
Spouse (husband or wife) Children (sons and daughters) Parents (mother and father) |
Always inherit if alive and Muslim |
| Secondary (Contingent) Heirs Al-Asabah |
Grandchildren, grandparents Siblings (full, half, maternal, paternal) Aunts, uncles, nieces, nephews |
Inherit when no primary heirs exist |
| Extended Family Dhawul-Arham |
Distant relatives | Inherit only when no primary or secondary heirs exist |
Fixed Inheritance Shares
Spousal Shares:
- Husband gets 1/2 if wife has no children
- Husband gets 1/4 if wife has children
- Wife gets 1/4 if husband has no children
- Wife gets 1/8 if husband has children
Parental Shares:
- Each parent gets 1/6 if deceased has children
- Mother gets 1/3 if deceased has no children (father gets remainder)
- Mother gets 1/6 if deceased has siblings
Children's Shares:
- Sons get twice daughters' share (2:1 ratio)
- Multiple daughters get 2/3 if no sons
- Single daughter gets 1/2 if no sons
- Remaining estate after spousal/parental shares distributed
Who Cannot Inherit Under Islamic Law
- Non-Muslims: including family members who left Islam
- Adopted children: can receive from Wasiyyah only
- Children born outside wedlock (الأطفال المولودون خارج إطار الزواج - al-aṭfāl al-mawlūdūn khārij iṭār az-zawāj): can receive from Wasiyyah only
- Anyone who killed the deceased
Islamic Steps of Estate/Wealth Distribution
When a Muslim person passes away, there is a strict process of Islamic wealth distribution that should take place. The steps are as follows:
Strict order that must be followed:
- Covering the cost of a modest funeral - If deceased has nothing, it's fard kifayah on Muslims
- Paying back any personal debts or loans - All current debts must be paid before any distribution
- Paying for unfinished Islamic obligations (e.g., fidyah or unpaid zakat)
- Distributing up to one-third of the estate in one's discretion, including any Lifetime Gifts (*if applicable) - Wasiyyah portion
- Distributing the remaining two-thirds or all the estate/wealth (known as the mirath) among the heirs - Fixed Islamic inheritance distribution
Key Principles
Order Cannot Be Changed
This sequence is mandated by Islamic law and must be followed precisely. No distribution to heirs can occur until all previous steps are completed.
Common Mistakes to Avoid
- Distributing inheritance before paying debts
- Ignoring religious obligations like unpaid zakat
- Exceeding 1/3 limit for wasiyyah
- Not following the exact sequence
Lifetime Gifts
Good news: Islam generally does not restrict gifts given during your lifetime.
- You can give gifts to anyone, even non-Muslims
- Can be structured as part of estate planning
- Restrictions: Cannot give with intent to interfere with inheritance rights or cause injustice
- "Final sickness" concept: Gifts given on deathbed may be restricted
Tennessee Legal Requirements
What Happens Without a Will (Intestate Succession)
Tennessee law distributes as follows:
- Spouse gets everything if no children/grandchildren
- Spouse and children share if both exist (spouse gets minimum 1/3)
- Parents inherit if no spouse/children
- Siblings inherit if no parents
- Extended family in order of closeness
Property Ownership Rules
| Property Type | What Happens |
|---|---|
| Joint Property | Surviving spouse automatically gets entire property (right of survivorship) |
| Individual Property | Subject to will or intestate succession laws |
Legal Document Requirements
Wills Must Be:
- In writing (typed or completely handwritten)
- Signed by you in presence of two witnesses
- Witnessed by two people who see you sign and see each other sign
- Specific to Tennessee law (though valid in other states)
Powers of Attorney and Healthcare Directives:
- Two witnesses OR notarization
- Specific legal language required
- Durable provisions for incapacity
Tennessee Spousal Rights
🚨 CRITICAL: Tennessee Spousal Rights
Critical: Tennessee gives spouses minimum 1/3 of estate regardless of will content.
To implement Islamic inheritance: spouse must sign "Marital Agreement to Waive Elective Share" - witnessed and notarized.
Your Three Essential Documents
Document 1: Last Will and Testament
Purpose: Directs property distribution, appoints executors, specifies burial wishes, names guardians
Must Include:
- Family identification (spouse, children with birth dates)
- Executor appointment (primary and alternate)
- Islamic burial instructions
- Debt payment order
- Wasiyyah distributions (if any)
- Islamic inheritance distribution statement
- Guardianship appointments for minor children
- Asset listing
Document 2: General Durable Power of Attorney
Purpose: Allows someone to handle financial matters if you become incapacitated
Covers:
- Banking and bill paying
- Real estate transactions
- Insurance matters
- Tax filings
- Investment decisions
Document 3: Advanced Directive for Healthcare
Purpose: Appoints healthcare decision-maker and specifies medical preferences
Includes:
- Healthcare power of attorney
- Living will preferences
- End-of-life care instructions
- Organ donation wishes
Available from: Tennessee state website or MCK can provide forms
Consequences of Missing Documents
| Missing Document | Consequences |
|---|---|
| Without Power of Attorney | Bills go unpaid during incapacity Family cannot access accounts May need court-appointed guardian |
| Without Healthcare Directive | Unknown people may make life/death decisions Family conflicts over medical care Non-Islamic end-of-life treatment |
| Without Islamic Will | Tennessee law controls distribution No Islamic burial guarantee No Wasiyyah for charity State chooses children's guardians |
Creating Your Islamic Will - Step by Step
Step 1: Gather Information
Family Information:
- Full names and birth dates of spouse and children
- Names and addresses of parents, siblings
- Relationship status of all potential heirs
- Religious status (Muslim/non-Muslim) of family members
Financial Information:
- Bank accounts and balances
- Real estate holdings
- Investment accounts
- Business interests
- Insurance policies
- Debts and loans
- Monthly expenses and obligations
Personal Preferences:
- Preferred executors (primary and alternate)
- Children's guardians (primary and alternate)
- Wasiyyah recipients (if any)
- Specific burial instructions
Step 2: Calculate Current Inheritance Distribution
Use these formulas for your current family situation:
Example Family: Husband, wife, 2 sons, 1 daughter, both parents alive
If husband dies:
- Wife: 1/8 (has children)
- Each parent: 1/6
- Remaining estate: Sons get 2x daughters
- If $100,000 estate: Wife $12,500, Each parent $16,667, Each son $18,333, Daughter $9,167
Adjust calculations based on your specific family composition.
Step 3: Decide on Wasiyyah (Optional)
You may designate up to 1/3 of estate to:
- Islamic charities (MCK, Islamic schools, relief organizations)
- Non-Muslim family members
- Adopted children or stepchildren
- Friends or community members
- Specific Islamic projects
Step 4: Choose Key People
Executor (Primary and Alternate):
- Must be trustworthy and organized
- Should understand Islamic inheritance
- Preferably lives nearby
- Consider age and health
- Someone who gets along with family
Children's Guardians (Primary and Alternate):
- Islamic commitment and lifestyle
- Financial stability
- Geographic location
- Parenting philosophy
- Age and health
- Relationship with your children
Step 5: Draft Your Will
Option A: Use Online Islamic Will Services
- Shariawiz.com (approximately $200) - recommended by presenter
- Mywassiyah.com
- Muslim.estate
Then take draft to Tennessee attorney for review and proper execution
Option B: Work Directly with Attorney
Jonathan Reed
Estate Planning SpecialistKnoxville, TN 37902
John R. Foust
Solo PractitionerKnoxville, TN 37919
Steps 6-10: Complete the Process
- Step 6: Include all required elements in your will
- Step 7: Handle spousal elective share waiver if married
- Step 8: Execute documents properly with witnesses/notarization
- Step 9: Store documents safely and distribute copies
- Step 10: Update regularly as circumstances change
Common Situations and Solutions
Situation 1: Non-Muslim Spouse
Challenge: Non-Muslim spouse cannot inherit under Islamic law
Solution:
- Give lifetime gifts during your lifetime
- Include in Wasiyyah (up to 1/3)
- Consider if spouse might convert before your death
Situation 2: Adopted Children
Challenge: Not Islamic heirs but you want to provide for them
Solution:
- Include in wasiyyah (up to 1/3)
- Give substantial lifetime gifts
- Consider legal trust arrangements
- Note: Tennessee courts might not enforce disinheritance of adopted children
Situation 3: Large Estate (Over $1 Million)
Challenge: Complex tax implications and family dynamics
Solution:
- Must work with attorney experienced in estate tax planning
- Consider trust arrangements to minimize taxes
- Plan for liquidity to pay taxes
- May need life insurance for tax payment
Situation 4: Child with Special Needs
Challenge: Disabled child may need more support
Solution:
- Cannot change Islamic inheritance shares
- Use wasiyyah for additional support
- Create special needs trust through wasiyyah
- Give additional lifetime gifts
Situation 5: Family Business
Challenge: Business ownership among multiple heirs
Solution:
- Professional business valuation needed
- May need to sell business to divide proceeds
- Consider buy-sell agreements with life insurance
- Work with attorney for business succession planning
Situation 6: Distant or Estranged Children
Challenge: Adult children you haven't spoken to in years
Islamic Rule: Cannot disinherit Islamic heirs regardless of relationship
Additional Steps:
- Make effort to reconcile before death
- Use wasiyyah for others who helped you
- Consider mediation for family healing
Situation 7: Convert to Islam with Non-Muslim Family
Challenge: Non-Muslim parents and siblings cannot inherit
Solution:
- Give lifetime gifts to non-Muslim family
- Use Wasiyyah (up to 1/3) for non-Muslim relatives
- Islamic heirs (Muslim spouse/children) get remaining 2/3
Situation 8: No Muslim Family Members
Challenge: Burial and Islamic practices might not be followed
Solution:
- Critical to have written Islamic will
- Specify MCK contact in will
- Carry MCK emergency card in wallet
- Name Muslim executor if possible
- Give detailed Islamic burial instructions
Frequently Asked Questions
Estate Size and Planning
What does Islamic law say about non-liquid assets like vehicles, property, and other assets that aren't cash?
Answer: Everything must be shared according to Islamic teachings. All assets may need to be liquidated and distributed according to Sharia law. Islamic law makes no distinction between real property and monetary assets - whatever remains after debts and expenses must be distributed according to Islamic inheritance principles.
Family Dynamics and Challenges
What is the likelihood of family members challenging a will?
Answer: It depends on your specific family dynamics. Challenges typically arise when someone believes "I'm not getting what I'm entitled to" or suspects undue influence, such as "this benefits one person unfairly." In such cases, they may contest the will.
What if someone in a Muslim family passes away with a will that doesn't comply with Sharia law? Can the family decide not to follow the will?
Answer: You have a legal obligation to follow the will. From an Islamic perspective, we respect the Wassiyah (bequest) and execute whatever is specified there. However, when it comes to inheritance distribution, we must follow Islamic teachings, so you should convince your loved one while they are still alive to amend their will to conform with Islamic principles. In court, the will as written takes precedence.
Special Family Situations
What about adopted children in Islamic inheritance?
Answer: Under Islamic inheritance law, adopted children are not considered fixed heirs - they can only benefit from inheritance through Wassiyah (bequest). The same applies to children born outside of wedlock. While courts treat adopted children the same as biological children, Islamic Wills may make distinctions that could affect enforcement.
Can Non-Muslim family members be heirs?
Answer: There is a hadith: "A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim." Non-Muslims are excluded from Islamic inheritance but may receive lifetime gifts or bequests from the Wasiyyah (1/3 discretionary portion).
What about receiving from non-Muslims?
Answer: There is no problem with being a beneficiary of a non-Muslim relative who wishes to name you in their estate plan at their discretion.
Islamic Law Principles
Why do sons get double what daughters get?
Answer: This rule represents a connection between rights and responsibilities in Islam. It complements the Sharia law requirement that males are required to spend on the entire family unit, whereas females have no such restriction. Men have more financial duties than women do.
Why do parents get a share of the inheritance?
Answer: The Qur'an addresses this directly: "As for your parents and your children -- you know not which of them is more deserving of benefit from you." (4:11) Inheritance is the right of the heir that Allah has ordained, not our right to decide who gets what after we die.
Can a person disinherit beneficiaries?
Answer: Disinheriting a person means taking away their Islamic right of inheritance. Example: Michael is a Muslim who has three adult children. He has not spoken to them in 10 years after a rough divorce with their mother. He wants to disinherit his children. Instead, he wants to give everything to the Masjid. Michael cannot do this in Islam. Even though giving money to the Masjid, by itself, is beneficial, he cannot do this for more than 1/3 of his estate. The rest must go to his rightful heirs in Islam. Failure to do this would make him unjust. Also, he and his children should make efforts to communicate. Muslims should also never cut off family ties. So, the answer is No.
Legal and Practical Issues
Who should know about the original will?
Answer: Make copies and store the original in a safe deposit box. Distribute copies to key people and inform them where the original is located. Ensure trusted individuals know how to access your important documents.
Are trusts permissible in Islam?
Answer: Yes, you can create trusts and put regulations on when people can access money, such as creating provisions for minor children to receive inheritance at a certain age.
How do I ensure I have an Islamic death?
Answer: You can obtain guidance cards from the Muslim Community of Knoxville (MCK) that provide instructions for Islamic end-of-life practices. (I would include here a picture of the card. The card has to be updated, by adding the following statement or similar to it: For my estate/assets distribution after my passing, check my Islamic Will & Wasiyyah by contacting (name of organization or your trusted family member) at (include phone, email, address). We can have a double -side card: one side for funeral and burial, and the other about the assets).
Resources and Contacts
Islamic Inheritance Resources
Muslim Community of Knoxville (MCK)
Services: Islamic guidance, inheritance calculation assistance, emergency cards
Website: muslimknoxville.org
📊 Islamic Inheritance Distribution Chart
Access the Chart: muslimknoxville.org/inheritancechart25
Comprehensive reference for calculating Islamic inheritance distributions
💻 Online Islamic Will Services
- Shariawiz.com - ~$200, attorney-created (recommended by presenter)
- Mywassiyah.com - Research current pricing and reviews
- Muslim.estate - Research current pricing and reviews
Legal Resources
⚖️ Attorneys with Islamic Estate Planning Experience
Jonathan Reed
Estate Planning SpecialistKnoxville, TN 37902
John R. Foust
Solo PractitionerKnoxville, TN 37919
When to Use Attorney:
- Large estates (over $1 million)
- Complex family situations
- Business ownership
- Desire to minimize taxes
- Property in multiple states
- Special needs family members
Tennessee State Resources
📋 Advanced Healthcare Directive Forms
Download Form: Tennessee Advanced Directive for Health Care (PDF)
- Official Tennessee state form
- Can be obtained from MCK
- Hospital social workers can provide
📝 Notary Services
- Banks (often free for customers)
- UPS Stores
- Law offices
- Some libraries
🏦 Safe Deposit Boxes
- Most banks offer for annual fee
- Ensure spouse/executor has access
- Keep inventory of box contents
Islamic Scholarship Resources
For Inheritance Questions:
- MCK Islamic scholars
- Local mosque leadership
- Online Islamic inheritance calculators (double-check results)
For Complex Islamic Law Questions:
- Islamic Society of North America (ISNA)
- Fiqh Council of North America
- Assembly of Muslim Jurists of America (AMJA)
Emergency Resources
🚨 MCK Emergency Card Information
- Carry in wallet for identification
- Includes MCK contact information
- Helps ensure Islamic burial in emergency
- Can be modified to include executor contact information
Your Action Plan
Immediate Steps (This Week)
Day 1-2: Assessment
Day 3-4: Key Decisions
Day 5-7: Begin Process
Short-term Steps (This Month)
Week 2:
Week 3:
Week 4:
Ongoing Maintenance
Every Year:
Major Life Changes:
Family Preparation Steps
Have Conversations About:
Prepare Family:
🕐 Remember: Time is Critical
The Prophet ﷺ said: "It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a will about it."
Start today! Even if you don't complete everything immediately, taking the first steps is essential. Death comes when least expected, and your family's Islamic burial, inheritance rights, and children's guardianship depend on having these documents in place.
Action Worksheets
Family and Asset Inventory Worksheet
Personal Information:
Full Legal Name:
Date of Birth: Social Security Number:
Address:
Spouse Information:
Full Legal Name:
Date of Birth: Muslim: Yes / No
Children Information:
| Name | Date of Birth | Muslim (Y/N) | Adopted (Y/N) |
|---|---|---|---|
Parents Information:
Mother: (Living: Y/N, Muslim: Y/N)
Father: (Living: Y/N, Muslim: Y/N)
Assets:
| Type | Description | Value | Account/Location |
|---|---|---|---|
| Bank Account | $ | ||
| Retirement Account | $ | ||
| Investment Account | $ | ||
| Real Estate | $ | ||
| Vehicle | $ | ||
| Business Interest | $ | ||
| Life Insurance | $ | ||
| Other | $ |
Total Estimated Assets: $
Debts:
| Type | Amount | Monthly Payment |
|---|---|---|
| Mortgage | $ | $ |
| Car Loan | $ | $ |
| Credit Card | $ | $ |
| Other | $ | $ |
Total Estimated Debts: $
Net Estate (Assets minus Debts): $
Executor and Guardian Selection Worksheet
Preferred Executor:
Primary Choice:
Why:
Alternate Choice:
Why:
Children's Guardian (if applicable):
Primary Choice:
Why (consider: Islamic commitment, financial stability, location, age, relationship with children):
Alternate Choice:
Why:
Wasiyyah Preferences (up to 1/3 of estate):
Recipient 1: Amount/Percentage:
Recipient 2: Amount/Percentage:
Recipient 3: Amount/Percentage:
Document Checklist
Essential Documents to Create:
☐ Islamic Will
☐ General Durable Power of Attorney
☐ Advanced Healthcare Directive
☐ Spousal Elective Share Waiver (if married)
Document Storage:
☐ Original documents stored safely
☐ Copies given to executor
☐ Copies given to alternate executor
☐ Spouse has copies
☐ Adult children informed of location
Annual Review Checklist:
☐ Family changes (births, deaths, marriages, divorces)
☐ Asset changes (major purchases, sales, new accounts)
☐ Executor/guardian availability and willingness
☐ Contact information updates
☐ Islamic inheritance calculation updates
This comprehensive guide serves as your complete reference for Islamic estate planning in Tennessee. Keep it accessible and refer to it as you complete each step of the process. May Allah make this process easy for you and accept your efforts to follow His guidance.
Muslim Community of Knoxville
Serving our community with Islamic guidance and practical support