One of the most common questions I get asked is whether one can create an Islamic will in the State of Illinois due to the fact that the law of the land does not follow Islamic inheritance (Faraid) principles. The short answer is: Yes, you absolutely can create an Islamic will as well as a trust in Illinois—but it requires careful crafting to ensure that both state law and Islamic inheritance principles are properly followed.

Understanding Illinois Inheritance Law

Illinois has specific laws regarding inheritance, particularly when it comes to spouses and children. Under state law, a surviving spouse has a statutory right to a portion of the estate, regardless of what a will says. If you plan to distribute your assets strictly according to Islamic inheritance laws, you need to take this into account.

 

How Islamic Inheritance Works

Under Islamic law, inheritance is distributed in fixed shares among heirs. For example:

• A spouse receives a set percentage (typically one-fourth or one-eighth, depending on children).
• Children inherit specific portions, with sons generally receiving twice the share of daughters.
• Parents and other relatives may also have designated shares.

This differs from the standard approach in Illinois, where a person can generally distribute their assets however they wish—except when it comes to a spouse’s legal rights.

 

But Doesn’t My Spouse Get A Particular Share Under Illinois Law?

If you are married and wish to distribute your estate strictly according to Islamic law, your spouse must sign a spousal waiver. However, it is very important that this document is properly drafted, structured, and executed in order to ensure its enforceability under Illinois law. The waiver must be drafted in a way that clearly demonstrates full disclosure, voluntary consent, and a legally sound relinquishment of statutory rights. A poorly drafted or improperly executed waiver could be contested in court, potentially unraveling your entire estate plan.

At Ranjha Law, we understand the nuances of Illinois estate law and the importance of constructing a legally sound spousal waiver that aligns with your religious principles while withstanding legal scrutiny. Without expert guidance, you risk invalidating your intended distribution.

 

Key Considerations for an Islamic Will in Illinois

To ensure that your Islamic will is legally enforceable while respecting Illinois laws, here are some essential steps:

Work with an Estate Planning Attorney – An attorney familiar with both Illinois estate law and Islamic inheritance rules is crucial.

Draft a Legally Sound Will – The will must be carefully written to comply with Illinois probate laws while honoring your religious beliefs.

Ensure a Properly Structured Spousal Waiver (if applicable) – If you are married, a properly executed waiver is essential to ensure that your spouse does not automatically receive a state-mandated share. This is a complex legal document that requires careful legal drafting to be enforceable.

Use Trusts for Asset Protection – In some cases, setting up an Islamic Trust can help ensure that assets are distributed according to Shariah principles while also reducing probate costs.

Designate a Guardian for Minor Children – If you have children, your will should include a clear guardianship plan that aligns with Islamic values.

 

Your Experts in Islamic Estate Planning

We specialize in crafting Islamic wills that comply with Illinois law while ensuring that your religious beliefs are honored. We take the guesswork out of the process, providing expert legal guidance to help you protect your legacy and family.

If you’re considering an Islamic will in Illinois, click below now for a consultation.