Islamic Will vs. Islamic Trust: Why We Recommend a Trust
For Muslims in North Carolina, estate planning is both a religious obligation and a practical necessity. While both an Islamic Will and an Islamic Trust aim to ensure your estate follows Qur’anic inheritance rules, they work very differently.
The Islamic Will
An Islamic Will is a written directive that takes effect at death. It can fulfill your religious duty, but it comes with major drawbacks:
Probate required: Every will must go through probate court, which usually takes 6–12 months or more.
More expensive in the long run: While a will is cheaper to draft, probate costs (court fees, attorney fees, executor fees) often exceed the one-time cost of setting up a trust.
Court confusion: Judges unfamiliar with Islamic inheritance may misapply or question shares, creating disputes or delays.
Doesn’t cover everything: Rights of survivorship on property, joint bank accounts, or payable-on-death accounts often bypass the will entirely, undermining Islamic distribution.
The Islamic Trust (Our Recommendation)
An Islamic Trust (often called an “Islamic Living Trust”) is created during your lifetime. When funded correctly, it avoids the pitfalls of a will:
No probate: Assets are transferred privately by your trustee without court involvement.
Cost-effective overall: The trust has higher upfront costs, but families save thousands by avoiding probate fees and months of delay.
Clear Islamic shares: The trust can hard-code Qur’anic distribution, so your heirs receive what Allah has prescribed without confusion or court battles.
Solves survivorship issues: By properly titling property and accounts into the trust, you prevent joint accounts or survivorship designations from undermining your plan.
Private and efficient: Unlike wills, trusts are not public record.
Why We Recommend a Trust
At Triangle Legal, we recommend an Islamic Trust for most families because it:
Avoids the months-long probate process.
Saves money compared to probate costs.
Prevents court confusion in determining Islamic shares.
Eliminates issues with rights of survivorship and joint accounts if properly funded.
A simple Islamic Will can still play a supporting role (especially for guardianship and backup coverage), but the trust is the stronger foundation for protecting your family and fulfilling your religious obligations.
Disclaimer
This article is provided for educational purposes only and does not constitute legal or religious advice. Estate planning involves both state law and Islamic law considerations, which may vary depending on your circumstances. You should consult with a qualified attorney licensed in your state and a trusted Islamic scholar or mufti before making any decisions about your estate plan.