Analysis
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
U.S. Market Relevance
Primary source data for /islamic-prenup/new-jersey state page intestacy table.
Estate planning hubCitation
State of New Jersey (legislature). New Jersey Statutes Annotated 3B:5-1 to 3B:5-14.1.