What Is the Role of an Executor for a Shari'ah-Compliant Will?
The executor of an Islamic will, known as a "wasi," is responsible for overseeing the distribution of your assets, ensuring your obligations are fulfilled in accordance with Shari’ah law after your death. Ultimately, they protect the interests of your beneficiaries and fulfill state-mandated requirements without compromising Islamic inheritance principles. Therefore, choosing an executor is a vital part of Islamic estate planning, and a DuPage County, IL Muslim will and trust attorney can explain the wasi’s responsibilities and the characteristics that qualify a person to be a good wasi.
What Are the Responsibilities of an Islamic Executor?
An Islamic will executor has all the standard responsibilities associated with administering a will. Some examples of their obligations include:
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Ensuring the proper management and protection of assets included in the estate until the time comes to distribute them
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Settling any debts you owed at the time of your death to ensure all creditors are compensated
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Overseeing property distribution
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Mediating conflicts that may arise among beneficiaries during the asset distribution process
In addition to these duties, they must ensure that the will and its execution adhere to Islamic principles, namely the appropriate calculation of shares divided among the heirs and the prohibition of interest, known as "riba," in transactions. Under Illinois statute 755 ILCS 5/6-3, the will executor also presents the will for probate, which is the legal process supervised by the court that ensures asset distribution according to the will.
Why Do You Need a Qualified Islamic Executor?
A qualified Islamic will executor will be someone you trust to preserve harmony among your family members and uphold your religious obligations. They will exhibit integrity and competency, instilling confidence in your beneficiaries that they will execute the administration process with transparency. Their compliance with the ethical and legal standards for administering an Islamic will reduces the risk of disputes.
What Should You Consider When Selecting Your Executor?
Knowledge of jurisprudence, ethical standards, and Quranic inheritance requirements is the foundation of a qualified Islamic will executor. Consider their legal and financial knowledge as well. Can they provide valuable assistance in managing assets, debts, and complex problems that may arise? Can you trust them to keep communication open and transparent with your heirs?
Contact Our Oakbrook Terrace, IL Estate Planning Attorneys
A trustworthy Islamic executor is central to properly administering your will and distributing your property in a way that satisfies your religious beliefs and obligations. At Farooqi & Husain Law Office, our DuPage County, IL Muslim will and trust lawyers have the unique perspective necessary to assist the Muslim community in navigating the intersection of Islamic and US law. We can help you name a wasi that makes you feel comfortable. Call 630-909-9114 today to schedule an initial meeting and discuss all your estate planning needs.