Last Will and Testament in Time for Hajj

 Posted on September 07, 2016 in Estate Planning

For Muslims in Oakbrook Terrace who are currently planning for Hajj, you should ensure that you have your affairs in order before you begin upon this once-in-a-lifetime journey. While preparation for Hajj is an important time to create a Last Will and Testament, it is important for everyone, regardless of your income or the economic value of your possessions, to think about inheritance issues. Islamic law has specific mandates when it comes to inheritance, and if you do not prepare a last will and testament, your estate may be subject to Illinois intestate succession law.

The Hajj is the largest gathering of people worldwide, and for many Muslims, and given the sheer number of people, accidents can happen. To be sure, millions of people undertake this annual five-day pilgrimage, and you should have plans for your estate in place before you travel. An experienced Islamic lawyer in DuPage County can assist you today.

Islam Says You Should Have a Will if You Have Anything to Bequest

Assets are distributed accordingly to Shari’ah in a manner that is different from how assets are distributed under Illinois state law. First, Islam says to have your will done if you have anything to bequest. For Muslims in DuPage County who die without a Last Will and Testament, your estate will be subject to the distribution methods outlined in the Illinois Probate Act of 1975 (755 ILCS 5/). In short, the state law of Illinois stipulates how the estate of a deceased will be dispersed when the deceased dies without a will, also known as dying “intestate.”

Under the state law of Illinois, this method of distribution is known as “intestate succession,” and it typically takes into account the surviving spouse and any surviving dependents. Yet this manner of estate distribution is not in line with the mandates of Islamic law. In order to have your assets distributed in a way that adheres to Islamic law, you must have a Last Will and Testament.

In addition to dealing with your assets, a Last Will and Testament also allows you to make clear your wishes regarding burial and funeral rites. Typically, the state of Illinois will perform an autopsy and/or embalm the body. For Muslims in the DuPage County area, it is extremely important to ensure that these practices are not done. Your will can ensure that you are buried in a way that abides by Islamic law.

Contact a DuPage County Islamic Lawyer

The Hajj, and the journey of many Muslims to Makkah and Medinah, will soon begin. Whether you have a small or a large estate, it is extremely important that you ensure your assets will be distributed according to Islamic law in the event of your death. As experienced DuPage County Islamic wills and trusts lawyers, the dedicated advocates at Farooqi & Husain Law Office understand the importance of having a valid will that meets the distribution requirements of Shari’ah. Contact us today to learn more about how we can help you to ensure that your will accords with the mandates of Islamic law.

Sources:

http://www.independent.co.uk/news/world/middle-east/hajj-2016-date-when-is-it-mecca-who-goes-is-it-safe-islam-muslims-stampede-2015-a7209676.html

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=3700000&SeqEnd=5000000