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

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.

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HalalWallet Editorial Team

Editorial Team, HalalWallet

Full intestacy table for New Jersey (NJ) is rendered on /islamic-prenup/new-jersey. 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. 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: equitable-distribution.

Key Takeaways

  • 1New Jersey is a equitable-distribution state.
  • 2Intestacy controlling statute: New Jersey Statutes Annotated 3B:5-1 to 3B:5-14.1.
  • 3Without an Islamic will, New Jersey's intestacy rules will distribute the estate — Faraid is not the default.
  • 4An Islamic prenup with elective-share waiver is required to fully preserve Faraid against the surviving-spouse claim.

Key Statistics

regimeequitable-distribution
state codeNJ

U.S. Market Relevance

Primary source data for /islamic-prenup/new-jersey state page intestacy table.

Estate planning hub

Citation

State of New Jersey (legislature). New Jersey Statutes Annotated 3B:5-1 to 3B:5-14.1.

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