Before you go on Hajj, plan for your legacy, family and community
Wednesday, 07 November 2007


With Ramadan and Eid-ul-Fitr recently past, the Muslim community’s attention now turns to Hajj.

Before undertaking the pilgrimage, anxious pilgrims book their trips through specialized companies to make their travel easier, and they take classes to ensure they perform all the rituals correctly.

Many however, forget to take the steps necessary to plan their estate and ensure their legacy.

Having an estate plan in place is mandatory on all Muslims.

Prophet Muhammad, peace be upon him, is reported as having said, "It is not permissible for any Muslim who has something to will to stay two nights without having his last will and testament written and kept ready with him."

In America, it is necessary for a Muslim who wants to enact an Islamic estate plan to ensure the entirety of one’s estate.

This is because if you do not have a properly executed will or trust, your property will be distributed intestate, according to the laws of the state in which you live.

Thankfully, all states permit testators to specify what they want, overriding the default laws of the state.

For those going on Hajj, or undertaking any difficult journey, the sometimes distant need to put a plan in place becomes immediate.

Though much safer than in the past, the pilgrimage still results in serious injury, or worse, to dozens of pilgrims.

It is up to each pilgrim to ensure that his or her family and community are cared for.

To fulfill the obligation of ensuring your legacy, professional help is often needed.

Everyone should have a will to ensure that they have a say in what happens to their property and also guarantee that correct burial procedures are followed.

But wills need to be executed correctly, according to the laws of the state in which you live.

No website or booklet can guarantee that you are enacting your will or estate plan correctly.

Those with property may also need different types of trusts to avoid probate (the court supervised distribution of an estate, which may take months and cost thousands of dollars) or the estate tax (which is up to 50 percent over the threshold amount).

These laws are confusing, and beginning the process can be intimidating.

But these issues are important for everyone to face, especially those planning to go for Hajj.

This article is for information purposes only, and should not be construed as legal advice. For advice specific to your situation, please contact an estate planning professional qualified in the state you live.

Todd Gallinger is a California and New York licensed attorney experienced in Islamic Estate Planning. He can be reached at (949) 862-0010.


Last Updated ( Tuesday, 20 November 2007 )