Elective Share
Pronunciation: eh-LEK-tiv shair
The U.S. state-law right of a surviving spouse to claim a fixed portion of the deceased spouse's estate — overriding any will.
Definition
A statutory entitlement in nearly every U.S. state that allows a surviving spouse to claim a fixed share of the deceased spouse's estate — typically one-third to one-half — regardless of what the deceased spouse's will provides.
For Muslims, the elective share is the single biggest threat to Faraid: without an explicit waiver, a surviving spouse can override the Islamic inheritance distribution that a wasiyyah was designed to produce. The only reliable way to preserve Faraid is a mutual elective-share waiver, executed before the marriage as part of an Islamic prenup (or after the marriage as part of a postnup, with state-specific scrutiny).
Related Terms
Faraidفرائض
Islamic inheritance law prescribing fixed shares for heirs based on Quranic guidelines.
Wasiyyahوصية
An Islamic will — allowing a Muslim to bequeath up to one-third of their estate outside the fixed inheritance shares.
Mirathميراث
Islamic inheritance — the transfer of wealth from a deceased Muslim to rightful heirs according to Shariah.
Compare Related Products
See how Elective Share is used in real Shariah-compliant financial products available in the U.S.
Further Reading
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Elective Share — The U.S. state-law right of a surviving spouse to claim a fixed portion of the deceased spouse's estate — overriding any will. A statutory entitlement in nearly every U.S. state that allows a surviving spouse to claim a fixed share of the deceased spouse's estate — typically one-third to one-half — regardless of what the deceased spouse's will provides.
- The U.S. state-law right of a surviving spouse to claim a fixed portion of the deceased spouse's estate — overriding any will.
- Category: Estate Planning
- Related: Faraid, Wasiyyah, Mirath
- Compare related Shariah-compliant products on HalalWallet
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Reviewed by: HalalWallet Editorial Team
Last reviewed: 2026-07-01
Editorial Team, HalalWallet
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