What Does It Mean To Have A Sharia Compliant Estate Plan In Illinois?

The Prophet Muhammad (ﷺ) taught that a Muslim who has something to bequeath should not let two nights pass without having a written will. (Sahih al-Bukhari 2738)

In Surah An-Nisa, Allah sets out the shares of inheritance for spouses, children, and parents, and then describes those shares as limits He has set. (Quran 4:11-13)

For Muslims living in Illinois, following these rules takes planning. Illinois law does not apply Islamic inheritance on its own, and certain state rules can override an Islamic will if they are not addressed. So if you’re interested in learning about what it means to be Sharia compliant in Illinois, how Illinois intestacy laws compare to Islamic inheritance, and how Muslim families can plan for both you’re in the right place.

What Does It Mean for an Estate Plan to Be Sharia Compliant?

A Sharia compliant estate plan distributes a Muslim’s wealth according to the Quran and Sunnah. After death, the estate is handled in this order:

Reasonable burial costs are paid.
Debts are paid, including any unpaid mahr (dowry) owed to a wife.
The wasiyyah is carried out. This is gifting of up to one third of the estate to charity or to people who are not already heirs.
The remainder is divided among the heirs using the fixed Quranic shares, known as mawarith or faraid.

Illinois law allows Muslim-Americans to put these rules into a valid will or trust. Without one, Illinois distributes the estate under its own rules, and it does not take the person’s faith into account.

Islamic Rules of Inheritance vs. Illinois Intestacy Laws

Intestacy laws control what happens to your property when you die without a valid will. Illinois intestacy laws and Islamic rules of inheritance often reach very different results, depending on your unique situation and family dynamic..

Illinois Intestacy Laws: What You Need To Know

If you die without a valid will in Illinois, your estate is divided under 755 ILCS 5/2-1. Property titled in your name alone, such as a home, bank accounts, or a business, often has to go through probate, and the court distributes it as follows:

If you die with	Here’s what happens under Illinois law
A spouse and descendants (children, grandchildren)	Your spouse inherits half. Your descendants split the other half per stirpes (by family line). It does not matter whether the children are from that spouse or an earlier marriage.
A spouse but no descendants	Your spouse inherits everything. Your parents and siblings inherit nothing.
Descendants but no spouse	Your descendants inherit everything.
Parents and siblings, but no spouse or descendants	Parents and siblings inherit in equal shares. If one parent has passed away, the surviving parent receives a double share.
Parents only	Your parents inherit everything.
Siblings only	Your siblings inherit everything. A deceased sibling’s children take that sibling’s share.
None of the above	Grandparents and their families, then great-grandparents, then your nearest relatives. If there is no one, the estate goes to the county.

As you can see this is not in accordance with Islamic inheritance, that’s why it’s important to work with an experienced Islamic estate planning attorney.

Islamic Rules of Inheritance

The Islamic rules of inheritance come mainly from Surah An-Nisa, verses 11, 12, and 176. The most common heirs and their shares are:

Heir	If the deceased leaves children	If the deceased leaves no children
Wife	1/8	1/4
Husband	1/4	1/2
Mother	1/6	1/3 (or 1/6 if there are two or more siblings)
Father	1/6	What remains after the fixed shares
Sons and daughters	Share what remains, with a son receiving twice a daughter’s share. With no sons, one daughter takes 1/2 and two or more daughters share 2/3.	Not applicable

Siblings inherit only when there are no children and no father. Adopted children, stepchildren, and non-Muslim relatives do not receive a fixed share, but any of them can receive a gift through the wasiyyah.

Illinois Law vs. Islamic Inheritance: An Example

Consider a husband who dies without a will, leaving his wife, two sons, a daughter, and both of his parents.

Heir	Illinois intestacy	Islamic inheritance
Wife	50%	12.5% (1/8)
Father	0%	16.7% (1/6)
Mother	0%	16.7% (1/6)
Each son	16.7%	21.7%
Daughter	16.7%	10.8%

Two differences stand out. Under Islamic law, parents always receive a share, while Illinois cuts parents out whenever there is a spouse or descendant. Illinois also gives the surviving spouse far more than the Quranic share. Once the court distributes the estate under Illinois law, the family has no legal way to require the Islamic division if even one heir disagrees.

How an Islamic Trust Supports a Sharia Compliant Estate Plan

For many Muslim families in Illinois, an Islamic revocable living trust is a better fit than a will alone, and is compliant not only with Sharia, but also is constructed within the parameters of Illinois law. Here’s why:

It avoids probate. Assets held in the trust pass to the heirs without a court proceeding, which keeps family matters private and saves time and expense. It also leaves far less for the probate-based spousal rules to reach.

It keeps the Islamic shares intact. The home is deeded into the trust, bank and investment accounts are retitled to the trust, and retirement accounts and life insurance receive beneficiary designations that match the plan. The Illinois Supreme Court has held that assets in a genuine revocable trust are generally not subject to a spouse’s renunciation (Johnson v. La Grange State Bank, 1978). The purpose is not to shortchange a spouse. It is to make sure the shares Allah assigned are the shares that are actually paid.

It addresses details a generic form does not. A well-drafted Islamic trust treats unpaid mahr as a debt, keeps the wasiyyah within one third and away from existing heirs, and can include Islamically sound options that allow a surviving spouse to remain in the family home.

It still includes a will. A pour-over will catches any assets left outside the trust and names guardians for minor children.

Lets Set Up Your Estate Plan The Right Way, Honoring Your Deen

While estate planning is certainly not the most exciting topic, at the end of the day, death is certain, and preparing for it is part of a Muslim’s responsibility to family and to Allah. For Muslims in Illinois, where Islamic law is not applied automatically, that preparation means more than writing down the Quranic shares. It means making sure the plan holds up against Illinois intestacy laws, the spouse’s elective share, and the way assets are titled.

Wasiyyah Law helps Muslim families throughout Illinois create Sharia compliant wills and Islamic trusts. Attorney Alex Ranjha also brings a background in real estate, title, and land surveying, so each plan accounts for how property is actually owned, not just what the documents say. To schedule a consultation click the link below to schedule a call.