Scenario 1: Husband Dies
- Wife12.5%
- Son 135%
- Son 235%
- Daughter17.5%
Islamic Estate Planning
Islamic Wills & Trusts
Sharia-Compliant Estate Planning by a Licensed Attorney
An Islamic will and Islamic trust that honor the Fara’id and hold up in the American court system, tailored to your family and valid in your state of residency.
Opens online scheduling in a new tabAre you a Muslim living in the US? Do you own a house, a car, or have children? Do you have a retirement, investment account or a business? Then you need an Islamic estate plan.
But what is an Islamic estate plan, and how does it differ from a standard or conventional estate plan?
The core document that many estate plans are built around is called a will. Everyone needs a will. A will designates who receives what after you die and has some other important functions, too. But for Muslims, the standard American will does not ensure that your estate is distributed the way that Allah (SWT) intended. Muslims need a will that is Shariah-compliant and will hold up in the American court system; a will prepared by an experienced licensed Muslim estate planning attorney.
The Islamic Will
What Makes a Will “Islamic” — and Legally Valid in US Courts
An Islamic will achieves the complex task of helping Muslims fulfill their religious obligations in a non-Shariah court system in the twenty-first century. There are two main features that make a will Islamic and different from the standard or “conventional” American will.
The Fara’id / Mawarith
Fixed shares pre-determined for certain family members.
Al-Wasiyyah
Regulated optional bequest(s) to other people or organizations.
Is an Islamic will legal in the United States?
The important question: Is an Islamic will legal in the United States, a country that doesn’t practice the Shariah? Yes, but only if done right, and the court is willing to enforce it. You would need an Islamic estate plan incorporating these elements, tailored to your specific family situation, and valid in your state of residency.
Optional Bequest
Al-Wasiyyah: An Optional Bequest
After all funeral costs, burial costs, and debts are paid, an Islamic will gives you the opportunity to make Al-Wasiyyah, also known as a gift or “bequest.” Al-Wasiyyah is entirely optional and up to the discretion of the individual. Al-Wasiyyah can be given to any recipient of your choice, as long as they are not already receiving a fixed share. Many Muslims use Al-Wasiyyah to give Sadaqa Jariyah to their local masjid or to other Muslim organizations.
Al-Wasiyyah also has specific rules that interact with the Fara’id. For example, if you have one daughter who is set to receive 12.5% of your estate, you cannot use Al-Wasiyyah to increase her inheritance, since it has been calculated according to the divine will of Allah (SWT). However, there are other situations in which you can use Al-Wasiyyah to give to a different type of family member. You may have an uncle who is “blocked” from receiving a share of your estate by the presence of a son. In this case, you could give your uncle Al-Wasiyyah, and this would be halal.
The Islamic Trust
Sharia-Compliant Living Trusts
If you have simple assets, like a car and a few bank accounts, an Islamic will may be enough to distribute your estate according to the Shariah. But if you and your spouse own a home, or have retirement or investment accounts, for example, you need an Islamic living trust. Here’s why:
A will does not control all of your assets. Even if your Islamic will is set up correctly, there are some assets which can pass outside of it, getting distributed in a way that does not align with your wishes and the Fara’id.
Wills can lead to probate court—a long and costly process which you want to help your family avoid.
A living trust has a very similar function to a will: it distributes your assets after death. The key difference between a will and a trust is that a trust is “funded” and goes into effect while the original Trustee (you) are still alive. Unlike a will, once funded, a trust can control all of your assets, guaranteeing they will be distributed correctly. Upon your death, your successor Trustee is then responsible for overseeing the distribution of your estate, sparing your family from probate.
Comprehensive Protection
Beyond the Will — The Complete Islamic Estate Plan
A will or trust is the core of your estate plan, but comprehensive estate planning doesn’t stop there.
Islamic Powers of Attorney
Before someone dies, they may experience something called “incapacitation.” This is when you are unable to act and make decisions for yourself. Think, for example, of someone in a coma. When someone is incapacitated, they need a person who can make financial decisions for them, like managing their bills and accounts. Because Islam has different regulations for how Muslims can spend their money, it is especially important to have an Islamic Power of Attorney in place for when it is needed. If you don’t already have an active Power of Attorney in place by the time someone becomes incapacitated, it is too late.
Healthcare Directives (End-of-Life per Faith)
Similar to a Power of Attorney, another document that is important in the case of incapacity is called an Advance Healthcare Directive (or medical Power of Attorney). This document designates someone to make medical decisions for a person who is incapacitated. An advance directive allows you to decide what kind of important medical decisions you want made for you in advance. You can rest easy knowing that someone who you trust will make sure these important desires are enacted.
Guardianship for Minor Children (Muslim Guardian Nomination)
As we’ve demonstrated, estate planning is about more than just controlling where your assets go. A comprehensive estate plan accounts for all of the needs of a deceased person, including appointing guardians for any minor children. This is another important function achieved by your will.
Where We Serve
Islamic Estate Planning in Oregon, Washington, and Virginia
Oregon
Our firm has been based and licensed in Oregon for over twenty years. We have helped hundreds of clients in Portland, Multnomah County, Washington County, and beyond craft Islamic estate plan packages.
Oregon officeWashington
In Washington, Oregon’s sister state, Islamic estate planning has seen a huge uptick as we’ve helped prepare Islamic estate plans for clients in cities like Seattle, Tacoma, Redmond, and Duvall, to name a few. Our Washington Islamic estate plans address Washington’s community property rule, which would otherwise prevent a Shariah-compliant distribution of property jointly owned by spouses.
Washington officeVirginia
In 2026, we opened our newest location for Virginia Islamic estate planning, and already the response has been significant! Through NOVA, Arlington County, Loudoun County, and Fairfax County, we are meeting Muslims in need of comprehensive Islamic estate plans.
Virginia officeExperience Matters
Why Work With a Licensed Attorney (Not a Template Service)
A free Islamic will template is a great starting point if you don’t currently have an Islamic estate plan in place. But, as we’ve mentioned, if you have more than extremely simple assets, a free online Islamic will alone cannot protect your legacy.
Furthermore, a free online Islamic will may not be tailored to the laws of your state of residency, compromising its legality. And, as we’ve described, a will is only the beginning. A well-designed Islamic estate also includes documents that coordinate care and decision-making if you become incapacitated or have minor children at the time of your death.
But most importantly, a free online will can’t guide you with the knowledge of twenty plus years of experience in this field. These sites cannot give legal advice tailored to your family’s unique situation. With an issue this sensitive, you want to know that there’s a knowledgeable professional on the other end ready to pick up the phone.
FAQ
Islamic Wills & Trusts: Frequently Asked Questions
Just because you haven’t made an estate plan, it doesn’t mean that you don’t have one. Because if you don’t act, the state will. If you die without a will in the U.S., your estate goes through a process called intestacy, where the state gets to decide for you how all of your assets are distributed. Since the U.S. does not follow the Shariah, your estate will not be distributed in a way that is halal. In the four states that we are licensed in, intestacy laws violate the Shariah in a few different ways. Either by having your entire estate go to your spouse or giving your sons and daughters the same shares.
Read more about intestacy and the risks of dying without a willYes! Having an Islamic trust is actually the most effective way to ensure that your estate is distributed according to the Fara’id/Mawarith.
Islamic wills and trusts can be legally valid in all U.S. states, including Virginia, if prepared by a licensed and experienced Islamic estate planning attorney.
Non-Muslim relatives are not included in the Fara’id, but if you have non-Muslim family members who you would like to include, it is halal to give them Al-Wasiyyah.
The cost of services depends on the complexity of your and your family’s assets and if you are a member of a legal plan. We make comprehensive estate plan packages for our clients that go far beyond just a standard will. All fees are discussed during our free estate planning consultation.
Our firm is currently only licensed in those four states, but it is our mission to bring quality and compassionate Shariah-compliant legal services to Muslims across the country. If there is a need for our services in your state, we want to know.
A will is only valid in the state and country it was made in. However, a good estate plan will coordinate domestic and international assets. Our firm is experienced in creating coordinated estate plans that take this situation into account.
Book a Consultation
If you are a Muslim living without an estate plan in the U.S., don’t wait. Protect your family and fulfill the Fara’id. Book your free consultation today.