Introducing the Triangle Legal Free Islamic Will Form

At Triangle Legal, we provide a free Islamic Will form to help Muslims in North Carolina begin aligning their estate planning with both state law and Islamic principles. This tool is designed to be a starting point, but it comes with important limitations and disclaimers you should understand before using it.

Why This Will Is Different

Unlike a standard will, this form is drafted to reflect Islamic inheritance rules. It prioritizes:

• Payment of Islamic debts (zakat, mahr, hajj obligations, vows, etc.) before distribution.

• Allowing for a charitable bequest (up to one-third), in line with Shariah.

• Directing the remainder of the estate to your Islamic heirs based on classical Islamic law, specifically As-Sirajiyyah.

• Incorporating funeral and burial instructions consistent with Islamic traditions.

Key Points from the Disclaimer

This Will is free, but it comes with clear cautions:

1. No Attorney-Client Relationship
   Using this form does not make Triangle Legal your lawyer. It’s purely educational, and we are not responsible for how you use it.

2. Religious Compliance Not Guaranteed
   The form follows Islamic principles but may need review by a qualified scholar (Mufti/Imam) to ensure accuracy for your personal situation.

3. Limited to North Carolina
   Every state has different probate laws. This form is tailored for North Carolina only. Using it elsewhere may cause legal problems.

4. Spousal Rights May Override It
   Under North Carolina law, a surviving spouse can claim an “elective share” of the estate, even if excluded in the Will. That can override the Islamic distribution unless waived in a valid marital agreement.

5. Joint Accounts & Beneficiary Designations Are Not Covered
   Assets like life insurance, retirement accounts, POD bank accounts, and joint property with survivorship rights pass outside the Will. Unless retitled or placed in a trust, they will not follow Islamic distribution.

6. Probate Court Challenges
   North Carolina probate courts may not understand Islamic inheritance schedules. This can lead to confusion. Using a revocable living trust is often a better way to enforce Islamic inheritance while avoiding probate.

Practical Steps for Valid Use

The form also includes instructions to make the Will legally valid:

• Execution: Sign before two disinterested witnesses and a notary (for self-proving affidavit).

• Attachments: Print out your Islamic inheritance schedule using the recommended online calculator and attach it to the Will.

• Review: Have a lawyer and a consult with Mufti to review the completed document and your estate plan.

• Updates: Update after major life events (marriage, divorce, births, deaths, asset changes).

Bottom Line

This free Will is a helpful first step for Muslims who want their estate to reflect their faith. However, because of legal limitations, survivorship rights, and spousal protections, it may not fully achieve your goals on its own.

For true peace of mind, we recommend working with an attorney experienced in Islamic estate planning—ideally by creating a revocable Islamic trust alongside a Will. This combination can better protect your wishes, avoid probate complications, and respect both Islamic law and North Carolina law.