Sun, 10 Dec 2023


04 Feb 2023, 05 GMT+10

Islamic trust planning can ensure that no real estate or land must be sold before death to avoid paying more inheritance tax than necessary. In addition to these conventional applications, an Islamic will ensure that assets are distributed according to Islamic rules and beliefs. This involves the equitable distribution of assets among heirs and prohibiting certain gifts and bequests, such as those that could cause the beneficiary financial hardship.

A waqf, also known as an Islamic trust, is a legal contract in which a person (the settlor) transfers ownership of assets to a trustee for the benefit of selected beneficiaries. The trustee manages and controls the trust's assets, and the income generated by these assets is used to sustain the beneficiaries.

A fundamental advantage of an Islamic trust is that it permits the transfer of assets during the settlor's lifetime, which can help prevent paying needless taxes and ensure that the assets are dispersed in accordance with the settlor's intentions. In addition, Islamic trusts are frequently utilized for charity causes, such as financing schools, hospitals, and other nonprofit organizations.

Overall, Islamic wills and trusts are crucial tools for Muslims to guarantee that their assets are transferred according to Islamic rules and principles and limit the financial burden on their surviving loved ones. When drafting an Islamic will or trust, it is essential to acquire adequate legal counsel and direction to ensure that it satisfies all relevant requirements and complies with the laws of the nation where the assets are located.

The Islamic will serves the same goals as a standard will.

name a guardian for minor children;

name an executor to manage your estate;

name a trustee to hold a property for someone who cannot manage it for themselves (such as an incapacitated person);

provide for a spouse;

establish a living trust; and

name beneficiaries for specific items of property.



Do not entrust the incapable among your dependents with your wealth which Allah has made a means of support for you-but feed and clothe them from it, and speak to them kindly. (An-nisa5)

Test the competence of the orphans until they reach marriageable age. Then if you feel they are capable of sound judgment, return their wealth to them. And do not consume it wastefully and hastily before they grow up to demand it. If the guardian is well-off, they should not take compensation; but if the guardian is poor, let them take a reasonable provision. When you give orphans back their property, call in witnesses. And sufficient is Allah as a vigilant Reckoner. (An-Nisa 6)

Allah expressly forbids giving the foolish the right to hold riches, which He created as a source of sustenance for humanity. This rule occasionally applies due to young individuals' inability to make intelligent decisions. It also applies to those with irregular conduct, mental illness, low intelligence, or religious practices.

A living revocable trust can provide significant tax advantages. Because an Islamic trust is regarded as a separate legal entity, it can own assets and property ordinarily subject to estate taxes. Additionally, the trust is exempt from paying taxes on income and assets distributed to beneficiaries. This can save your family a substantial amount of money over time! Consult with an attorney about establishing a revocable living trust for yourself or your family. It might make a significant difference when filing your taxes.

There are numerous tax advantages to establishing an Islamic trust. First, the assets you transfer to the trust are not included in your taxable estate upon death. This can save your heirs thousands in estate taxes. Second, trusts can minimize or eliminate your income tax liability on your assets. Finally, Islamic trusts can protect your family and your privacy and wealth. If you are considering establishing a trust, consult a lawyer about the most effective approach to take advantage of these tax benefits.

In Islamic law, a valid will must meet the same standards as conventional wills. Using a will is one of the most significant ways to provide for your loved ones following your passing. If you must go through the probate procedure, it can be highly expensive and require an attorney's services.

Muslims believe that all suffering, life, death, happiness, and joy stem from God and that God is the source of our survival strength. One of Islam's tenets is that Allah can do everything for us. He provides for those who dread him in unimaginable ways and always gives an escape route. Allah, according to God, is in control of all your concerns and the cause of all your fears.

Individuals must understand and implement all Islamic wealth management strategies, not only for their profit but also for the benefit of their family and friends.

Consider who could benefit from your riches, how you can coexist with others, and how your prosperity in this world benefits you. Islam instructs us to seek Allah's assistance and the life that ALLAH bestows upon us, yet we do not forsake our due portion in the world. Do not aim to spread corruption throughout the land, for Allah does not love people who do so, nor should you pursue their wealth apart from Allah. Money is ubiquitous. Thus, individuals are accountable for how they acquire and dispose of their wealth in this world. Do not feel incapable; instead, seek Allah's assistance for your health and well-being for the sake of your family and friends.

A Shariah-compliant Islamic Trust structure is possible, as are Shariah-compliant revenues from trust management. Regular Shariah and Sharia checks can reassure beneficiaries and settlers that the income of trusts and their administration comply with Islamic law and Sharia.

From a Sharia perspective, however, it must be determined if a specific level of compliance with land law, Islamic law, and Sharia law is required.

You must consider the consequences based on how your assets are owned and used. You must be able to draught a suitable estate plan (also known as Wasiyya if you are Muslim) for legal and religious reasons so that you can be certain that there is a plan to distribute the inheritance to the heirs and even remedy their inability to inherit.

The Islamic component ensures that family members' rights are respected and that some rights cannot be taken away. You will be answerable for everything if you reside in a region where Sharia law is not the driving principle (Islamic succession). Therefore, you must plan by ensuring that you have trustworthy individuals who can carry out your instructions and that the individuals you choose have the authority to do what you desire.

Also, it is crucial that you get a power of attorney so that if you become disabled in the future, someone you trust will have the authority to manage your finances. After all, you need the will to name an out-of-country individual as your guardian. Appointing a guardian is one approach to ensure that your health is safeguarded by the individual of your choosing rather than the state.

Consequently, it is essential to consult with an expert conversant with both Islamic law and the federal and state laws of the United States. I recommend that my clients utilize a trust to ensure that the Islamic Distribution Trust avoids financial conflicts of interest.

We collaborate closely with our clients to meticulously incorporate their Islamic inheritance requirements into their wills. To this aim, Muslims create a living trust as a succession plan to keep their ideals alive in the case of death or incapacity.

There is no assurance that a court will supervise a will-based plan, which is typically not the case. Will, the submission resolves the ownership difficulties in the will; there is no assurance that the family will escape a protracted and costly probate process. Consequently, a trust fund is a crucial step in ensuring that the estate is divided according to the terms of the will. If a trust is founded on trust, it can incorporate procedures to maintain the accuracy of your shares, even if the unexpected occurs.

Ultimately, an Islamic trust can be an excellent method for avoiding the effort and expense of establishing an estate. If your estate is worth more than $250,000, you should consider a Revocable Living Trust for all the above reasons. By establishing a new trust and avoiding the probate procedure, you and your loved ones can save time, money, and, most importantly, your love.

If you want to consult about creating an Islamic will or Islamic Trust, feel free to contact Minawills.

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