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Estate Planning Research

Estate Planning Research

Primary-source legal research, peer-reviewed papers, and fatwa rulings underpinning Islamic estate planning in the U.S.

12 entries in this category
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Guide to caliph 'Umar ibn al-Khattab on recognizing women's contributions to marital wealth

Reports from the second Caliph Umar ibn al-Khattab document recognition of women's economic contributions to the marital household — important context for contemporary discussions of community property and the Islamic alternative to default 50/50 marital ownership.

HalalWallet Legal Research / classical sources on the early Caliphate

Guide to mahr as a debt of the estate — Quran 4:11 and probate enforceability

Quran 4:11 instructs that debts and bequests are paid from the gross estate before Faraid distribution. Classical fiqh treats the unpaid portion of the mahr as a debt the husband owes his wife — making it the first claim on his estate at death. This protection is largely lost in U.S. probate when the mahr is undocumented.

Quran 4:11 + classical fiqh + U.S. probate practice

Guide to sacred Law in Secular Systems: Shariawiz and Digital Inheritance Fiqh among Muslim Minorities in the United States

Peer-reviewed academic study examining ShariaWiz as a case of digital Islamic inheritance fiqh for Muslim minorities in the United States. The study situates ShariaWiz within the framework of fiqh al-aqalliyyat (jurisprudence of Muslim minorities) and confirms the platform implements all four Sunni madhhabs (Hanafi, Maliki, Shafi'i, Hanbali) within U.S. estate law.

Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum

Guide to fiqh Council of North America 2019 fatwa permitting organ donation for Muslim Americans

In March 2019, the Fiqh Council of North America (FCNA) issued a fatwa permitting and encouraging Muslim Americans to register as organ donors. The reasoning rests on rahmah (mercy), maslaha (public benefit), and the Quranic principle that saving one life is as if one has saved all of humanity (5:32).

Fiqh Council of North America

Guide to al-Azhar 1982 fatwa on autopsies under Islamic law

The 1982 Al-Azhar fatwa, building on earlier guidance from Sheikh Muhammad Hasanayn Makhluf (Egypt, 1950s), permitted autopsies under specific conditions: when required by law, when medical students would learn from them, or when needed to control a contagious disease. The reasoning rests on maslaha (public benefit).

Al-Azhar University (Cairo)

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

Washington is a community-property state. A spouse and children: spouse takes all community property and half of separate property; children take half of separate property. A spouse and parents: spouse takes all community property and 3/4 of separate property; parents take 1/4 of separate property.

Revised Code of Washington Title 11, Ch. 11.04

Guide to new York intestacy law for Muslim families — primary source data

New York is an equitable-distribution state. A spouse and children: spouse takes the first $50,000 plus half of the balance; descendants take the rest. A spouse but no children: spouse takes everything. Parents excluded when children survive.

New York Estates, Powers & Trusts Law § 4-1.1

Guide to new Jersey intestacy law for Muslim families — primary source data

New Jersey is an equitable-distribution state. A spouse with shared children and no other-relationship children inherits everything. A spouse with shared children but the spouse has children from another relationship: spouse takes 1/4 (between $50K and $200K) plus 1/2 of the balance; your children take the rest.

New Jersey Statutes Annotated 3B:5-1 to 3B:5-14.1

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

Florida is an equitable-distribution state with a 30% elective share. A spouse with shared children only inherits everything. A spouse with children from outside the marriage: spouse takes 1/2 of intestate property; children take 1/2. Parents excluded when children survive.

Florida Statutes §§ 732.101 to 732.111

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

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.

California Probate Code §§ 6400-6414 + §§ 100-101

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

Arizona is a community-property state; intestacy rules separate community and separate property. A spouse with children from a prior relationship inherits half of the deceased's separate property and none of the deceased's half of community property.

Arizona Revised Statutes Title 14, Ch. 2 (Intestate Succession)

Guide to hadith on the obligation to write a will (Sahih al-Bukhari 2738, Sahih Muslim 1627)

The Prophetic narration most often cited by contemporary Muslim American scholars as establishing the obligation to write an Islamic will. Narrated by Abdullah ibn Umar in both Sahih al-Bukhari (2738) and Sahih Muslim (1627).

Sahih al-Bukhari / Sahih Muslim

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