Estate planning can be a delicate process, especially for Muslims who want to ensure that their assets are distributed in accordance with both Islamic law and their personal wishes. While Faraid provides a fixed system for dividing a person’s estate after death, there are additional tools available, such as Wasiat (Islamic will) and Hibah (gifts), that offer more flexibility and allow for greater personalization.
The Role of Faraid in Estate Planning
Before diving into the additional tools, it’s important to understand Faraid. Faraid refers to the Islamic inheritance system that governs how assets are divided among heirs. It’s based on divine rules found in the Quran, which assign fixed portions to eligible family members like children, spouses, and parents. These fixed portions ensure that wealth is distributed fairly and transparently.
However, Faraid only covers a certain portion of the estate. For example, a man’s estate might be divided between his wife, children, and parents, with specific portions allocated to each heir. But what if he wants to leave something for an adopted child, a non-Muslim relative, or a charitable cause? This is where Wasiat and Hibah come in.
Wasiat: Flexibility Within Islamic Law
A Wasiat, or Islamic will, allows a Muslim to distribute up to one-third of their estate to individuals or organizations that wouldn’t otherwise inherit under Faraid. This could include non-Muslim relatives, charitable organizations, or adopted children. A Wasiat provides a level of flexibility while still respecting the fixed portions prescribed by Faraid for family members.
It’s important to note that a Wasiat cannot exceed one-third of the total estate. The remaining two-thirds must still be distributed according to Faraid, ensuring that the system’s core principles of fairness and equity are upheld.
Hibah: Gifting During Your Lifetime
Another important tool in Islamic estate planning is Hibah, which refers to gifts given during one’s lifetime. Unlike Faraid, Hibah is not restricted by fixed portions, meaning that Muslims can gift their wealth to anyone they choose without limitations. This makes Hibah a useful way to ensure that individuals who may not inherit under Faraid—such as adopted children or non-Muslim family members—receive something from the estate.
Since Hibah is done while the person is still alive, it offers a way to fulfill personal wishes without conflicting with the rules of Faraid. It’s also a way to ensure that loved ones are cared for during one’s lifetime.
How Wasiat and Hibah Complement Faraid
Together, Wasiat and Hibah offer flexibility and personalization within the structure of Islamic inheritance law. While Faraid ensures that family members receive their rightful share, Wasiat allows for additional bequests, and Hibah provides a way to give gifts during one’s lifetime. This comprehensive approach to estate planning ensures that all personal wishes are respected while still adhering to Islamic law.
Conclusion
Islamic estate planning is about balancing divine guidance with personal values. By using tools like Wasiat and Hibah alongside Faraid, Muslims can ensure that their estate is distributed fairly and in accordance with both Islamic principles and personal wishes.If you’d like to learn more about how to use these tools in your own estate planning, reach out to Mohammed Shakirinat ADEL LAW LLC for expert guidance and support.
