In the name of Allah, the Most Beneficent, the Most Merciful

 

LAST WILL AND TESTAMENT

 

I,                                                                             , presently residing at                                                                              , City of                                       , County of                                      , State of Michigan, being of sound mind and memory, do hereby revoke any and all former Wills and codicils made by me, and do make, ordain, publish, and declare this my last Will and Testament.

 

PREAMBLE

 

I bear witness that there is no deity but Allah, the One, the Merciful, the Almighty –Creator of the heavens and the earth and all therein–God of Abraham, Moses, Jesus, Muhammad, and all the Prophets, mercy and peace be upon them all.  He is One God and He has no partner.  And I bear witness that the Prophet Muhammad is His servant and His Messenger and the last of all the Prophets, mercy and peace be upon him .  I bear witness that Allah is the Truth, that His promise is truth, that the Meeting with Him is the truth.  I bear witness that the Paradise is truth, and that Hell is truth.  I bear witness that the coming of the Day of Judgment is truth, there is no doubt about it, and that Allah, who is exalted above all deficiencies and imperfections, will surely resurrect the dead of all generations of mankind, first and last and those in between. 

 

ARTICLE I:  FUNERAL AND BURIAL RITES

 

I ordain that no autopsy or embalming be done on my body unless required by law, that without unjustified delay my body be washed, wrapped with cloth free of any ornaments and other articles, prayed for, then buried, which all should be done by Muslims in complete accordance with Islamic tenets.

 

a.                   I hereby nominate and appoint                                                       , residing at                                                                            , to execute these and other necessary provisions for my Islamic funeral and burial.  In the event he/she shall be unwilling or unable to execute, I nominate and appoint                                                        , residing at                                                                                                                           .

 

b.                  In the event of legal difficulties in the execution of this Article, I direct the above-named person to seek counsel from the North American Trust, Inc., currently located in Plainfield, Indiana, USA (Telephone:  317-839-8150) and/or Islamic Association of Greater Detroit (IAGD), in Troy, Michigan.

 

c.                   I ordain that absolutely no non-Islamic religious service or observance shall be conducted upon my death, or on my body.

 

d.                  I ordain that no pictures, crescents and stars, decorations, crosses, flags, any symbols, Islamic or otherwise, or music be involved at any stage of the process of conducting my burial or ever be placed at the site of my grave.

 

e.                   I ordain that my body shall not be transported over any unreasonable distance from locality of my death, particularly when such transportation would necessitate embalming, unless when long distance transportation is required to reach the nearest Muslim cemetery, or any other cemetery selected by my Muslim family.

 

f.                    I ordain that my grave be dug deep into the ground in complete accordance with the specifications of Islamic practice, and in compliance with all local laws, that it faces the direction of Qiblah (the direction of the City of Mecca in the Arabian Peninsula towards which Muslims face during prayers).

 

g.                   I ordain that my body shall be buried without a casket or any other encasement that separates the wrapped body from the surrounding soil.  In the event local laws require casket encasement, I ordain that such encasement be of the simplest, the most modest, and the least expensive type possible.  I further ordain that the encasement be left open during burial and filled with dirt unless prohibited by law.

 

h.                   I ordain that my grave be leveled with ground or slightly mounded with no construction or permanent structure of any kind over it.  The marking–if necessary–should be a simple rock or a marker, merely to indicate the presence of the grave.  There should be no inscriptions, or symbols on the said marking. 

 

ARTICLE II:  EXECUTOR AND GUARDIAN

 

a.                   I hereby nominate and appoint                                                           , presently residing at                                                                                            , to be the executor of this, my Last Will and Testament.  In the event that he/she will be unwilling and unable to act as an executor, I nominate and appoint                                                                  , residing at                                                                                              , to be executor of this, my Last Will and Testament.

 

b.                  I give my executor herein named power to settle any claim for or against my estate and power to sell any property, real, personal or mixed, in which I have an interest, without court order and without bond.  I direct no bond or surety for any bond be required for my executor in the performance of his/her duties.

 

c.                   I hereby nominate and appoint                                                                , presently residing at                                                                                       , to be the guardian of the persons and estates of such of my children who shall be minors at and after my death, during their minority, so long as said guardian remains a Muslim of sound mind and judgment.  In the event he/she shall be unwilling or unable to act as a guardian, I nominate and appoint                                                     , presently residing at                                                                                        , to be the guardian.

 

ARTICLE III:  DEBTS AND EXPENSES

 

a.                   I direct that my executor apply first, 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 expense of administration of my estate.  I direct the said executor to pay any “obligations to Allah” (Huquq Allah) which are biding on me such as including unpaid zakah, kaffarah or unperformed pilgrimage (Hajj).

 

b.                  I direct all inheritance, estate and succession taxes (including interest and other penalties thereon) payable by reason of my death, shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person; except that this provision shall not be construed as a waiver of any right which my executor has, by law or otherwise, to claim reimbursement for any such taxes which become payable on account of property, if any, over which I have a power of appointment. 

 

ARTICLE IV:  CHARITABLE CONTRIBUTIONS AND

TESTAMENTARY TRANSFER

 

I direct my executor to pay the following contributions and transfers, not to exceed one third of the remainder of my estate after making provision for payments of my obligations mentioned in Article III, to the named persons and organizations:

 

Name of Persons                                                          Percent of Remainder of my estate

or Organizations                                                           after Execution of Article III

 

 

ARTICLE V:  DISTRIBUTION OF

REMAINDER OF MY ESTATE

 

a.                   I direct, devise, and bequeath all the residue and remainder of my estate after making provision for payment of my obligations and distributions provided in Article III and Article IV, only to my Muslim heirs whose relation to me, whether ascending or descending, has occurred through Islamic or lawful marriage at each and every point.  The distribution of the residue and remainder of my estate shall be made strictly in accordance with:

 

ISNA-SCHEDULE A:  MAWARITH (Inheritance)

(THE ISLAMIC DISTRIBUTION OF THE ESTATE)

 

b.                  Should I die as a result of murder, I direct that the adjured murderer, principal or accessory in the murder, shall be disqualified to receive any part of my estate.

 

c.                   I direct and devise that any fetus, conceived before death, whose relationship to me qualifies it to be an heir according to this Article, shall be considered as an heir if the following condition is fulfilled:  the fetus should be born alive within 365 days of my death.  I further direct and devise that, whenever there exists a fetus who may become an heir according to this section, the whole distribution of the residue and remainder of my estate after the execution of Articles III and IV, shall be delayed until after the birth of the fetus.

 

d.                  I direct, devise, and bequeath all the residue and remainder of my estate of every nature and kind and wherever situated after making provisions for payments of my obligations and distribution of my estate as provided in Articles III and IV.

 

 

ARTICLE VI:  SEPARABILITY

 

I direct and ordain that if any part of this Last Will and Testament is determined invalid by a court of competent jurisdiction, the other parts shall remain valid and enforceable.

 

I,                                         , the testator, sign my name to this document on                      , 2003.  I have taken an oath, administered by the officer whose signature and seal appear on this document, swearing that the statements in this document are true.  I declare to that officer that this document is my will; that I sign it willingly or willingly direct another to sign for me; that I execute it as my voluntary act for the purposes expressed in this will; and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

 

 

                                                                       

 

We,                        and                         , the witnesses, sign our names to this document and have taken an oath, administered by the officer whose signature and seal appear on this document, to swear that all of the following statements are true:  the individual signing this document as the testator executes the document as his or her will, signs it willingly or willingly directs another to sign for him or her, and executes it as his or her voluntary act for the purposes expressed in this will; each of us, in the testator’s presence, signs this will as witness to the testator’s signing; and, to the best of our knowledge, the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

 

 

                                                                                                                                                            

 

STATE OF MICHIGAN)

    ) ss.

COUNTY OF                 )

 

Sworn to and signed in my presence by                                                           , the testator, and sworn to and signed in my presence by                                                and                                       , witnesses, on                                         , 2003.

 

                                                                        

 

Notary Public

                                                  County, MI

My commission expires: