Guide to california intestacy law for Muslim families — primary source data

Analysis

Full intestacy table for California (CA) is rendered on /islamic-prenup/california. California is a community-property state with elaborate intestacy rules. A spouse and one child split separate property 50/50; spouse takes all community property. With two or more children, spouse takes 1/3 of separate property and children take 2/3. Notice what is missing from every U.S. state intestacy framework: Faraid. The Quranic shares for parents (each 1/6 minimum when children survive), for siblings under various configurations, and for the spouse (1/4 wife with children; 1/8 wife without; 1/2 husband with children; 1/4 husband without) are simply not implemented. The only way to bring Faraid back is a state-law-valid Islamic will, paired with an elective-share waiver for the surviving spouse (typically in an Islamic prenup or postnup). Regime classification: community-property.