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While Muslims who die in Muslim majority countries may have their assets distributed according to Islamic law by default , a Muslim in the USA may not be so fortunate. Dying without a will in the USA (called intestate) may trigger existing state laws that determine the actual division of assets. Such a division may differ considerably from a Islamic Law division. Therefore, if someone lives in a country like the US, he/she should make a special effort to ensure that his/her assets are properly distributed upon death. You can contact Islamic Society of Greater Houston (ISGH). or Islamic Society of North America (ISNA) to get details and format of Islamic Will. Please consult an attorney for a final form that conforms with your state laws. (For example in certain US states your wife may need to sign a special form, etc.) Please note that in the USA a will may not control the disposition of all of your assets in certain situations. Check with an estate professional on the value of other instruments in addition to your will. There may be considerable tax effects for different decisions.

Prophet Muhammad (Sallallaahu`Alaihi Wasallam) is reported to have said: Halal is clear and Haram is clear; in between these two are certain things that are suspected. Many people may not know whether those items are Halal or Haram. Whosoever leaves them, he is innocent towards his religion and his conscience. He is, therefore, safe. Anyone who gets involved in any of these suspected items, he may fall into the unlawful and the prohibited. This case is similar to the one who wished to raise his animals too close to a restricted area, so that the animals may step into that area. Indeed for every landlord there is a restricted area. Indeed the restriction of Allah (Subhanahu Wa Ta’ala) are the Haram.” (Sahih Bukhari & Sahih Muslim)