Can I Draft a Non-shari’a Will to Reduce Taxes and a Separate Shari’a-Compliant Will for Distribution?

Answered by Shaykh Abdul-Rahim Reasat 

Question

Is it permissible to draft a legal will that doesn’t align with Shari’a to reduce taxes, while creating a separate Islamic will for Shari’a-compliant distribution outside the Canadian legal system?

Answer

I pray you are well.

Yes, such a will is permissible, as long as the actual distribution is done according to the Shari’a guidelines, and it is made abundantly clear that it is the Shari’a compliant guidelines are to be followed.

Lying should be completely avoided, otherwise it will not be permitted. The will can state, for example, that a certain amount is to be given to “A” with the other will clearly stating that “A” is to receive his share and to act as a representative of “B” in receiving his share too. He would then have to pass it onto “B” and not claim ownership.

Please impress upon all involved the seriousness of this matter. Allah detailed the recipients of inheritance Himself. That should be enough of a reminder. [Maydani, Lubab]

May Allah grant you the best of both worlds.

[Shaykh] Abdul-Rahim Reasat

Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began studying Arabic Grammar and Morphology whilst studying for a degree in English and History. After graduating, He traveled to Damascus and studied Arabic, Hanafi Fiqh, Usul al-Fiqh, Theology, and Logic with Shaykh Adnan Darwish, Shaykh ‘Abd al-Rahman Arjan al-Binsawi, Shaykh Husayn Darwish, Shaykh Muhammad Darwish, the late Shaykh Rashad Shams, and others. He then moved to Amman to continue his studies in those fields, as well as in Tafsir, Quranic Sciences, Hadith Methodology and Commentary, Prophetic Biography, Prophetic Perfections and Traits, Rhetoric, Arabic Literature, and Tajwid. His teachers include Shaykh Ali Hani, Dr. Hamza al-Bakri, Dr Salah Abu al-Hajj, Dr Mansur Abu Zina, Shaykh Ahmad Hasanat, Shaykh Ahmad Jammal, and others.