OF __________________________________________________ SS# _________________________ DATE ___________________

residenting at ____________________________________________________________________________________________________________

COUNTY

__________________STATE_____________COUNTRY________________________TELEPHONE_________________________

ARTICLE I: PREAMBLE

The Prophet Muhammad (Pbuh) ordered Muslims to have their Last Will and Testament drawn up: Abdallah bin ‘Umar narrated that the Messenger of Allah (Pbuh) said, "It is not permissible for any Muslim who has something to Will to stay for two nights without having his Will and Testament written and kept ready with him" (Sahih Al-Bukhari).

All praise to Allah (SWT), The Creator of the heavens and the earth and all within. I believe in Him and I put my trust entirely in Him.I beg for His Help and His Forgiveness. I seek refuge in Allah (SWT) from the Shaitan and the evils of the world and the evils of my deeds. I ask Him to Guide me; those whom Allah (SWT) Guides no one can mislead, and those whom Allah (SWT) leaves to stray, no one can guide. I testify that I believe that The Hour will come for certain, and that Allah will resurrect all those who are in the graves. I testify that there is no deity except Allah, He is One and has no partners, and I testify that Muhammed is Allah’s servant and last Messenger (Peace and Blessings of Allah be on him).

I request of all of my immediate relatives and closest friends, for the sake of Allah and out of fear of Him, to settle their disputes and correct their relationships among themselves according to the following orders of Allah in The Qur’an: "So fear Allah and keep straight the relations between yourselves and obey Allah and His Messenger if you are indeed believers" (Surah al-Anfar: 1).

I request of all of my immediate relatives and closest friends what the prophets Ibrahim and Ya’cob (Peace be upon them) directed their sons: "O my sons, Allah has chosen for you the religion [of Islam], so do not die except as Muslims [in submission to Allah]" (Surat-ul-Baqarah, 2:132).

I request of all of my immediate relatives and closest friends, when I am on the brink of death, that they insist that I say the Shahadah: "La ilaha ill-Allah, Muhammadun Rasulullah (Salla-Lahu ‘alaihi wa Salam)." This is in observance of the Prophet’s (Pboh) saying : "Anyone whose last words were ‘La ilaha ill-Allah will enter Paradise". ( Ahmad, Abu Dawud, and al-Hakim - Sahih).

ARTICLE II: MY IMMEDIATE FAMILY

1. I am married to ____________________________________, ____________________________________,
2. and all references in this Will to my husband/wife (s) are references to this person.

____________________________________________________________________________________________________

B. I am the father/mother of the following children whose names and dates of birth are:

1 ________________________________________DoB________ M / F Address_______________________________

2._________________________________________DoB________ M / F Address_______________________________

3. ________________________________________DoB________ M / F Address_______________________________

4. ________________________________________DoB________ M / F Address_______________________________

5. ________________________________________DoB________ M / F Address_______________________________

6. ________________________________________DoB________ M / F Address_______________________________

7. ________________________________________DoB________ M / F Address_______________________________

8. ________________________________________DoB________ M / F Address_______________________________

9. ________________________________________DoB________ M / F Address_______________________________

A. I hereby entrust all my estate: cash, bank accounts, real property, shares in any business, and any other property not mentioned in this Will, to the

person named below, who shall act as my executor to serve without bond, to distribute it according to Shariah. I ordain that the executor of this Will be a Muslim.

1. My husband/wife ___________________________________________, or, if he/she fails to survive me by 45 days,

2. ______________________________________________________________, or, if fails to survive me by 45 days,

3. ______________________________________________________________, or, if fails to survive me by 45 days,

4. ______________________________________________________________, or, if fails to survive me by 45 days,

B.. The Imam of the local Sunni Muslim community.

C.. I direct that the executor take all actions legally permissible to have the probate of my estate done as simply and as expeditiently as possible.

D. I give my executor power to sell any property, real, personal or mixed, in which I have interest, without a court order and without bond.

E.. I give my executor power to settle any claim for or against my estate.

1. I ordain that my body be prepared for burial in keeping with the Sunni Muslim Law (Shariah),

2. Under no circumstances shall my body be voluntarily turned over for an autopsy, or embalming ,or organ donation.

3. My body must prepared for burial according to the Shariah

4. Once the body is prepared for burial there is to be no viewing of my remains.

5. Absolutely no non-Islamic religious service or observance shall be conducted upon my death, or on my body, or at the grave site. No pictures, stars and crescents, decorations, crosses, flags, flowers, plants, signs, symbols, or music be involved at any stage of my burial.

6. My body may not be transported over any unreasonable distance from the locality of my death unless necessitated by the circumstances or consensus of my Muslim family members.

7. My grave must be dug in complete accordance with the Shariah practice. It should face in the direction of the Qiblah (Ka’aba in Makkah, Saudi Arabia).

8. My body must be buried without casket or any other encasement that separates the shroud from the surrounding soil.

9. My grave must be covered with dirt only. The marking, if necessary, should be a simple rock. There should be no inscriptions or symbols on it .

10. My burial must take place as soon as possible, preferable before sunset on the day of my death or the following day. Under no circumstances should the burial be unduly delayed.

11. In the event that the local laws require casket-encasement, I command that such encasement be of the simplest, most modest, and least expensive type possible, and I furthermore command that the encasement be left open during burial and filled with dirt unless prohibited by law.

12. No one is permitted to cry out, moan or wail. I demand that such a person leave the burial site. Only what comes from the eye is acceptable (tears). Muslims should say a duaa (supplication) for me and that there be a moment of silence when they pray that my grave is made spacious and comfortable.

If , at my death, any of my children are minors, I recommend that my husband/wife ____________________________ be appointed guardian of my minor children, provided he/she is a Muslim. If he/she is unable or unwilling to serve as

personal guardian, I recommend that ________________________________________________________________ be appointed guardian of my minor children. If he/she is unable or unwilling to serve as personal guardian, I

recommend that _________________________________________________________________________________ be appointed guardian of my minor children. If he/she is unable or unwilling to serve as personal guardian, I

recommend that _________________________________________________________________________________ be appointed guardian of my minor children. In all cases, I urge that all my minor children be raised to be practicing Sunni Muslims and not in any way be indoctrinated into any other faith, religion, or sect of Islam. I direct that no bond be required of any personal guardian. Any property or other inheritance that this Will gives to any of my minor children shall be administered by their guardian in their best interest .

I direct my executor:

A. I direct to return to the rightful owners all trust and property that are in my care at the time of my death.

B. To first apply the assets of my estate to the payment of all my legal debts, including such expenses incurred by my last illness and burial as well as the expenses of the administration of my estate.

C. To pay any outstanding "obligation due to Allah (SWT)" (huquq Allah) which are binding on me including unpaid zakat, kaffaraat of unperformed pilgrimage (Hajj), etc.

I direct my executor to:

Pay the following amount from the remainder of my estate after paying all the expenses mentioned above, to the person/s or organization/s named below. The total must not exceed 33 percent (one third) of the remainder of my estate.

1. ____________________________________________________________________ …...... % of the total remainder

2. ____________________________________________________________________ …...... % of the total remainder

3. ____________________________________________________________________ …...… % of the total remainder

4. ____________________________________________________________________ …....… % of the total remainder

5. ___________________________________________________________________ ...…… % of the total remainder

1. Distribute the residue and remainder of my estate strictly in accordance with the tenets of Sunni Muslim law of inheritance.

2. Ensure that no part of the remainder of my estate shall be inherited by any non-Muslim, no matter how he/she is related to me.

3. Ensure that, should I die as a result of murder, no part of the remainder of my estate shall be inherited by my adjured murderer responsible for direct unlawful killing (actionable homicide), no matter how he/she is related to me.

4. Ensure that no part of the remainder of my estate shall be inherited by a person whose claimed relationship to me, ascending or descending, is the result of a non-Islamic or unlawful marriage, or through adoption, except if this relationship to me is through his/her mother who is biologically (through blood) related to me or if he/she is specifically mentioned in bequests above.

5. Regarding a fetus conceived before my death, whose relationship to me qualifies it to be an heir according to this article, if it is born alive within the limit of time specified by Shariah. The executor may delay the distribution of the residue and remainder of my estate after the execution of Articles I to VII, until the birth of the fetus. If he/she chooses to distribute the estate prior to the birth of the fetus then he must withhold a portion of the estate equal to the share of the fetus for distribution until after the birth of the fetus.

6. In case of any difficulty in distributing my estate according to this Will, the matter should be referred to a Muslim knowledgeable in Islamic Inheritance Law for advice and guidance.

7. The residue and remainder of my estate after the execution of Articles I to VII and Article VIII sections 1 to 6 above be donated to the following person/s or organization/s for the establishment of Islamic communities and Masajid.

_______________________________________________________________________________

8. Any portion of my estate disclaimed or refused to be received by any of the legatees names or referred to in this document be donated to the following person/s or organization/s for the establishment of Islamic communities and Masajid.

_________________________________________________________________________________

I direct that no part of this Will be invalidated by a court unless competent in Shariah. If any part of this will is determined invalid by a court the other parts shall remain valid and enforceable.

I insist that no one practice innovations regarding the three-day condolence period after my death, such as bringing in someone to recite excerpts from the Qur’an or to preparing food for guests. If you do any such innovations, I am free from that guilt and deviation, having herein charged charged you against it.

I declare that I forgive everyone who has backbitten me or erroneously taken anything from me. I beg of all those who knew me that they please forgive me for whatever I may have erroneously taken from them or said against them.

I request that if you differ in anything among yourselves you refer the decision to Allah and His Messenger (pbuh), for Allah (Subhanu wa Ta’ala) said: "And know, by your Lord, they will not believe until they make you, [O Muhammad], judge in what they dispute among themselves and then find no discomfort from what you have judged and submit in full, [willing] submission" (Surah an-Nisa 4: 65).

My final bequest for my family and children is the same one that the Messenger of Allah (pbuh) enjoined upon his followers: "The prayer, the prayer". I advise and implore my family to have patience and accept Allah’s will. (Surah al-Baqarah:156)

This concludes my Last Will and Testament. I am now free, in front of Allah (Subhanahu wa Ta’ala), from any words or deeds that distort and contradict this document according to the guidance of Allah’s Messenger (Pbuh), as forewarned by the Quranic verse: "Then, whoever alters it [i.e. the bequest] after he has heard it - the sin is only upon those who alter it." (Surah al-Baqarah 2:181).

I subscribe my name to this Will this day _____________________________ at ___________________________________________ and do hereby declare that I sign and execute this instrument as my list Will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am of the age of majority or otherwise legally empowered to make a Will, under no constraint or undue influence.

____________________________________________________________________________________________________________

On this day,______date of __________________, the undersigned declared to us that this instrument was his/her Will and requested us to act as witnesses to it. He/She thereupon signed this Will in our presence, all of us being present at the same time. We now, at his/her request, in his/her presence, and in the presence of each other, subscribe our names as witness and declare that we understand this to be his/her Last Will, and that, to the best of our knowledge the testator is of the age of majority, or is otherwise legally empowered to make a Will, and under no constraint or undue influence.

Witness 1. ___________________________________________________________________________________________________

Name Signature Date Time

Witness 2. __________________________________________________________________________________________________

Subscribed and sworn to before me this________day of _____________, _________

Notary Public_____________________________________________________________________________________________________

Name Signature My Commission Expires

If the time comes when I am incapacitated and can no longer actively take part in decisions for my own life and am unable to direct my physician as to my own medical care, I wish this statement to stand as a testament of my wishes.

I, ___________________________________________________ residing at ________________________________

_______________________________________________________________________________________________hereby appoint the following individual as my health care agent.

Name: _____________________________________________ Phone No: __________________________________

Address: ________________________________________________________________________________________

This health care proxy shall take effect if and when I become unable to make my own health care decisions. In respect of each decision made for me by my agent, it is my wish and direction that my agent be guided solely by Islamic Shariah as to what my own decision would have been in the same circumstances. Without limiting the unrestricted scope of my agent’s authority hereunder, I expressly authorize my agent to direct that no treatment be conducted or withheld from me if to do so is against the teachings of Islam, to the best of understanding of my agent. I direct that medication be judiciously administered to me to alleviate pain. I do not intend any direct taking of my life. I also direct that "life support systems" may be used in a judicious manner and its use discontinued, just like any other medicine, if it becomes reasonably apparent that it has no curative value. The "life support systems" include but are not limited to artificial respiration, cardiopulmonary resuscitation, artificial means of providing nutrition and hydration, and any pharmaceutical drugs. I direct that my family, all physicians, hospitals and other health care providers and any court or judge honor the decision of my agent/alternate agent. This request is made, after careful reflection, while I am of sound mind.

Name:______________________________________________Signature: __________________________________

Dated: ___________________ Time:_____________________ Place:_____________________________________

Witness 1. ______________________________________________________________________________________

Name Signature Date Time

Witness 2. _____________________________________________________________________________________

Allah says in the Quran in Sura (verse) An-Nisaa:7-14

7. There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share.

8. And when the relatives and the orphans and Al­Masâkin (the poor) are present at the time of division, give them out of the property, and speak to them words of kindness and justice.

9. And let those (executors and guardians) have the same fear in their minds as they would have for their own, if they had left weak offspring behind. So let them fear Allâh and speak right words.

10. Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire!

11. Allâh commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allâh. And Allâh is Ever All­Knower, All­Wise.

12. In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of lagacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allâh; and Allâh is Ever All­Knowing, Most­Forbearing.

13. These are the limits (set by) Allâh (or ordainments as regards laws of inheritance), and whosoever obeys Allâh and His Messenger (Muhammad SAW) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.

14. And whosoever disobeys Allâh and His Messenger (Muhammad SAW), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.

Other:______________________________________________________________________________________________________

___________________________________________________________________________________________________________

The Islamic Bulletin

P.O. Box 410186
San Francisco, CA 94141-0186
http://www.islamicbulletin.org

E-Mail: info@islamicbulletin.org
Fax: 415-643-8445

I. ASSETS (Add up what you own and where located) Amount

A. Personal Property:

1. Cash _____________ Located:______________________________________________________________________________

Cash _____________ Located:______________________________________________________________________________

2. Savings :___________________________________________Bank________________________________________________

Savings :___________________________________________Bank________________________________________________

3. Other :___________________________________________Bank________________________________________________

4. Other:_________________________________________________________________________________________________

5. Other _________________________________________________________________________________________________

6. Other _________________________________________________________________________________________________

7. Other _________________________________________________________________________________________________

8. Other ________________________________________________________________________________________________

9. Money Owed to You_____________________________________________________________________________________

10. Interest in Profit Sharing, Stock, Partnership, etc.______________________________________________________________

11. Automobiles, Boats, etc.__________________________________________________________________________________

12. Household Goods_______________________________________________________________________________________

13. Jewelery & Clothing ____________________________________________________________________________________

14. Miscellaneous__________________________________________________________________________________________

B. Real Estate (describe for each property you own)

Value_________________________________________Located___________________________________________________

Value________________________________________Located____________________________________________________

Value_________________________________________Located___________________________________________________

Value________________________________________Located____________________________________________________

Total Value of all the above assets:_______________________________

II. LABILITIES (add what you owe)

A. Mortgage______________________________________________________________________________________________

B. Personal debts: (loans, car, etc.)_____________________________________________________________________________

C. Other :_________________________________________________________________________________________________

This document, comprising _______ pages, is made in ________ copies. The original is with me, 1 copy is deposited with _________________________________________