Do you believe imposters have taken the place of your wife and children? The good news is you are not alone. Many people throughout history thought the same thing. The bad news is you are probably suffering from a delusion.
The subject of delusions is complex and controversial in the law. Several cases of delusions in estate planning involve demonic possession or control by satan.
In Muslim societies, some may believe a loved one (or the person) is a victim of Jinn possession or black magic.
Muslims and Non-Muslims Treat Delusions Differently
There are major differences between Muslim communities as opposed to non-Muslim communities. You cannot disinherit because you think Jinn has possessed your child. If you believe your child has been abducted by aliens and replaced by an elaborate lookalike, you still cannot disinherit your child. You should appoint a Trustee in an Islamic Estate Plan that can distinguish between the alien and the actual child if you want. You don’t plan for today anyway; it’s for a time after you are gone.
The concept of “delusion” is something the law and mental health professionals have struggled with. As a general matter, legal definitions and explanations of things don’t correspond with mental health definitions of issues, and both are often in flux. So, for example, in a recent case in California, a court ruled a delusion is not a delusion if there is some factual basis for it, never mind how farfetched, or even if they are “irrational and false beliefs.”
Mental health professionals will regard things as delusions even when there is a kernel of truth behind them (there often are). It’s possible to make sweeping conclusions based on very little information.
When I discuss “delusion,”- I don’t mean people who have lost the capacity to make a living trust or will or those subject to “undue influence.” The individual may be otherwise smart, organized, and on top of things, yet believes things that appear divorced from reality.
Delusions in Islamic Estate Planning
The Islamic Rules of Inheritance include a uniform system of inheritance. You don’t get to decide who receives an inheritance. Your subjective belief of reality does not enter the equation.
Often families have struggles. Some unbelievable things have happened, and I usually don’t know if things people say are what happened. I will say that your heirs in Islam are entitled to inheritance. Your delusions about your heirs are usually irrelevant. That’s true for Muslims.
If you are not Muslim, delusions can cause injustice. Testamentary freedom, which is not an Islamic concept, gives you near-dictatorial power over the distribution of your wealth. Dictators are known for having spectacular delusions. In Islam, you don’t have this kind of power. Inheritance is a function of worship and obedience to Allah.
If you want to schedule a 15-minute mini-consultation with Islamic Estate Planning Attorney Ahmed Shaikh for Islamic Estate Planning, click here.