Islamic Will vs. Standard Will in New Jersey: What’s the Difference?
- Law Office of Arij H. Syed
- 1 day ago
- 2 min read
If you live in New Jersey and want your estate plan to reflect your Islamic values, you’ll need a will that does two things at once: follow New Jersey law and your faith. Here’s how an Islamic will (often called a wasiyyah) compares to a standard will.
1) Distribution of Assets
Standard will: You choose any distribution you like.
Islamic will: You can make gifts up to one-third of your estate to non-heirs or charitable causes. The remainder follows Islamic inheritance rules for eligible heirs.
2) Heirs & Shares
Standard will: No religious guidance on shares.
Islamic will: Follows Qur’anic shares and recognized principles (e.g., fixed shares for certain heirs; distribution varies by who survives you).
3) Executor vs. Wasi
Standard will: You appoint an “executor.”
Islamic will: You appoint a wasi (executor) who understands both your faith instructions and New Jersey requirements—ideally someone organized, trustworthy, and local.
4) Charitable Giving (Sadaqah/Jariyah)
Standard will: Charitable gifts are optional.
Islamic will: Often includes up to one-third for sadaqah jariyah (ongoing charity), Zakat-aligned causes, or a masjid/endowment you love.
5) State Law Compliance
Regardless of faith, New Jersey controls formalities like signatures, witnesses, and notarization practices. An Islamic will must be drafted to stand up in a NJ probate court.
6) Guardians for Minor Children
Both wills: You can nominate a guardian.
Islamic will: You can add guidance that the guardian upholds your child’s religious upbringing, schooling preferences, and community ties.
7) What About Beneficiary Designations? Accounts like retirement plans pass by beneficiary form, not your will. If you want those to reflect your Islamic plan, your attorney can help coordinate them.
A strong Islamic will is both valid in New Jersey and faith-aligned. You don’t have to choose one or the other.
Want a template that fits your family? Book a consult to review your goals and draft your Islamic will the right way.
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