Estate Planning for Muslims in DuPage County, IL

 Posted on September 11, 2024 in Estate Planning

For Muslims living in DuPage County, creating an estate plan that follows Islamic inheritance laws while complying with Illinois state law can feel like a challenge. Sharia law outlines specific rules for distributing wealth after death, including how much certain family members are entitled to receive, and without estate planning instruments, Illinois probate law does not comply with Islamic standards.

However, with careful planning, it is possible to structure an estate plan that honors your faith while still meeting Illinois legal requirements, such as the state's tax laws and probate process. An experienced Illinois estate planning attorney can guide you through balancing both legal systems.

What Are the Key Differences Between Sharia Inheritance Rules and Illinois Law?

One of the biggest differences between Sharia inheritance laws and Illinois law is how assets are divided among heirs. Under Illinois law, people can choose how to distribute their assets through a will or trust. They are generally free to leave whatever they want to anyone they choose. Sharia law, however, has specific guidelines.

For example, a spouse is entitled to a portion of the estate, but children, parents, and even siblings also have fixed shares. Sharia law also limits the ability to give more than one-third of an estate to non-heirs, like charities or friends or others who normally could not inherit from a Muslim under Islamic law.

Can I Use a Will to Follow Both Sharia Law and Illinois Estate Laws?

Yes, you can use a will to follow both Sharia law and Illinois estate laws, but it requires some careful planning. In Illinois, a will must meet certain requirements to be legally valid, such as being signed and witnessed by two people. However, a standard will might not be enough to fully comply with Sharia law.

To bridge the gap, many Muslims in DuPage County include specific language in their will that outlines how their assets should be distributed according to Sharia inheritance rules. This way, the will meets the legal standards in Illinois while also reflecting the religious obligations of Sharia. You can also name an executor who understands your religious preferences and will ensure that your wishes are carried out accordingly.

How Can I Use Estate Planning Tools to Follow Sharia Law and Meet Illinois Requirements?

Muslims in DuPage County can use creative estate planning strategies, like trusts and gifts, to follow Sharia law while meeting Illinois legal standards. For example, a revocable living trust can allow you to divide assets according to Sharia rules while avoiding probate, the public process of distributing assets after death. In this trust, you can set aside specific percentages of your estate for your spouse, children, and parents, as required by Sharia law. You might also use lifetime gifts to distribute up to one-third of your estate to non-heirs, like charities, while you are still alive. These gifts comply with Sharia’s limits on inheritance while lowering your taxable estate in Illinois. Finally, a power of attorney ensures that a trusted person can make financial and healthcare decisions that align with your faith if you become incapacitated.

How Should Muslims Choose an Executor or Power of Attorney to Follow Sharia Law?

Choosing the right executor or power of attorney is a key part of making sure your estate plan follows Sharia law. Your executor is responsible for carrying out the terms of your will after you pass, so it is important to pick someone who understands and respects your religious beliefs. This person should know how to divide your assets according to Sharia inheritance rules and ensure that everything is handled fairly.

Similarly, selecting a power of attorney is important if you become unable to make decisions for yourself. Your power of attorney will manage your finances and healthcare decisions, so choosing someone who knows and follows your wishes - especially in areas like paying off debts and making charitable contributions in line with Islamic principles - is essential.

Contact a DuPage County, IL Islamic Estate Planning Attorney Today

The attorneys at Farooqi & Husain Law Office understand how Islamic inheritance laws intersect with Illinois estate planning laws and can help you create a plan that honors both your faith and legal obligations. Whether you need assistance drafting a will, setting up a trust, or selecting an executor, our team can guide you through the process and ensure that your estate plan is fully compliant with Sharia law. Contact an Oakbrook Terrace, IL Islamic estate planning attorney at Farooqi & Husain Law Office today to learn more about how we can help. Call us at 630-909-9114 to schedule a consultation.