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Estate Planning Research

Estate Planning Research

Primary-source legal research, peer-reviewed papers, and fatwa rulings underpinning Islamic estate planning in Canada

5 entries in this category
HW
HalalWallet Editorial Team

Editorial Team, HalalWallet

Guide to caliph 'Umar ibn al-Khattab on recognizing women's contributions to marital wealth

Reports from the second Caliph Umar ibn al-Khattab document recognition of women's economic contributions to the marital household — important context for contemporary discussions of community property and the Islamic alternative to default 50/50 marital ownership.

HalalWallet Legal Research / classical sources on the early Caliphate

Guide to mahr as a debt of the estate — Quran 4:11 and probate enforceability

Quran 4:11 instructs that debts and bequests are paid from the gross estate before Faraid distribution. Classical fiqh treats the unpaid portion of the mahr as a debt the husband owes his wife — making it the first claim on his estate at death. This protection is largely lost in provincial probate when the mahr is undocumented.

Quran 4:11 + classical fiqh + provincial probate practice

Guide to fiqh Council of North America 2019 fatwa permitting organ donation for Muslim Canadians

In March 2019, the Fiqh Council of North America (FCNA) issued a fatwa permitting and encouraging Muslim Canadians to register as organ donors. The reasoning rests on rahmah (mercy), maslaha (public benefit), and the Quranic principle that saving one life is as if one has saved all of humanity (5:32).

Fiqh Council of North America

Guide to al-Azhar 1982 fatwa on autopsies under Islamic law

The 1982 Al-Azhar fatwa, building on earlier guidance from Sheikh Muhammad Hasanayn Makhluf (Egypt, 1950s), permitted autopsies under specific conditions: when required by law, when medical students would learn from them, or when needed to control a contagious disease. The reasoning rests on maslaha (public benefit).

Al-Azhar University (Cairo)

Guide to hadith on the obligation to write a will (Sahih al-Bukhari 2738, Sahih Muslim 1627)

The Prophetic narration most often cited by contemporary Muslim American scholars as establishing the obligation to write an Islamic will. Narrated by Abdullah ibn Umar in both Sahih al-Bukhari (2738) and Sahih Muslim (1627).

Sahih al-Bukhari / Sahih Muslim

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