Although a Will is not compulsory under Canadian Law there are great consequences of not having a will. For example, not having a will may affect the distribution of your assets, which could cause great turmoil after you pass. From a legal and Islamic perspective, it is better to have a will in place, especially in this uncertain time.
For followers of the Islamic faith, it is important to know that Canadian Law allows you to have an Islamic Will.
If a Muslim dies in Canada without a Will, his or her property will be divided according to the Canadian Law, which is Succession Law Reform Act; and, your surviving relatives will not receive their shares in accordance with Islamic Injunctions. By not preparing a will, you are impliedly allowing a non-Islamic authority to distribute your estate according to the State Law.
An Islamic Will is like a traditional Will, but the contents of the Will regarding the distribution of your assets will be mainly based on the principles of Islam, as given in the Holy Quran and Sunnah.
Islamic Will is valid and enforceable if the conditions given in the Ontario Succession Law Reform Act have been satisfied. If the Will was signed by the testator with his/her free will, without any intimidation or influence of any person, and is also witnessed, the Will would be enforceable.
Since legal, financial, and religious implications can arise on the death of a Muslim in the absence of an Islamic Will, it is recommended that every Muslim should prepare a Will to have a peace of mind in your life.
At Millars Law we have the services of a Muslim Lawyer, Nasar Iqbal, who is not only conversant with Canadian Laws but also well conversant with Islamic Laws and would be happy to assist you in preparing your Will in accordance with the Islamic Injunctions.
Please contact us at info@ml-dev.thirdeyeinsights.ca or by calling us at (519) 657-1LAW for more information.
By: Nasar Iqbal
