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Using “Islam” as a tool of oppression

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When a “Non-Muslim” is not

I had previously written about a case in the United Arab Emirates where a Muslim daughter was declared non-Muslim by judicial fiat.  This saga highlighted an unfortunate fact about Islamic inheritance that family members can weaponize its rules to commit injustices.  

I had once spoken to someone who initially identified herself as a “non-Muslim.” She had previously converted to Islam but fell out of practicing it regularly. She was part of a blended family. One faction of the family felt the other part is out of Islam and should not get anything from the family patriarch, this woman’s husband.

Here is the problem, though; this woman never left Islam. She was only practicing less than what her husband and other portions of the blended family expected of her. They declared her “non-Muslim” so often she internalized this allegation despite never having left Islam while continuing to insist she was still a believer.  Yes I know, it’s a little complicated. But families often are.

Enjoin the good, forbid the evil?

It is a widespread occurrence for parents to want their children to pray more. It is common for spouses to want each other to be more religious.  We all want our family members to do better; we encourage them to do the right thing and discourage them from doing wrong. This desire is fundamental to who we are.  As we know from the Quran (3:114)

They believe in Allah and the Last Day, encourage good and forbid evil, and race with one another in doing good. They are ˹truly˺ among the righteous.

However, it is quite another thing to weaponize the fact that a person does not pray regularly to deny inheritance rights ordained in the Quran.  

Parents will often be disappointed by their children. Spouses will disappoint each other. Being part of the blended family could mean a life of complex politics and hurt. However, none of this is ever a reason to declare, unjustly, that a person has left Islam and is therefore not entitled to inheritance. A person who has left Islam can tell you that, by word or deed, like declaring atheism or praying at a Christian church.  It is not your place to start engaging in inductive reasoning to get more inheritance for yourself or to hold it over somebody to encourage more prayer.  In my view, this is counterproductive and harmful.

Your Parting Shot

Unfortunately, I have seen several families who have had family members that have left Islam in my Islamic Estate Planning practice.  Sometimes, people do come back.   Always be careful when making consequential decisions that could result in injustice.  Muhammad (sws) is reported in Ahmad and Ibn Majah to have said: 

“A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If, (on the other hand), a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the Garden.”

Inheritance can be a tool for injustice and cruelty. You have the power to use this tool in this way if you want. That can be your parting shot when you leave this world.  Then again, you can choose not to be unjust.  

 

To schedule a 15-minute no-obligation consultation to go over the Islamic Estate Planning process for your family, click here.

Government Grants for your Masjid: Good idea?

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 Every year the Department of Homeland Security offers grants to Religious institutions, including Masajid and other nonprofit organizations.  It has been popular with many religious denominations and many Muslim organizations have applied.

I conclude Muslim organizations should stay far, far away from this program.

Why?  You will find the full article my Muslim Non-Profit and Leadership newsletter here.  ‘

P.S.

For a 15-minute consultation to go over the Islamic Estate Planning process, you can schedule time through calendly right here.

 

New Article on Muslim Political Scams

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Just a short note this week.  I have a new article in the latest issue of Islamic Horizons Magazine on how groups hostile to Muslims or who have views antithetical to Islam scam Muslims repeatedly.

The various sorts of scams includes old fashioned con artists, “astroturfing” and foreign agents.   The article is for the print edition and is not available in a traditional web format.  However you can view the whole issue here, my article  is on page 30.

To schedule a 15-minute mini-consultation on Islamic Estate Planning, Charitable Planning or Asset Protection planning, click here.

An Adult Child’s Guide to “I Care a lot”- Protecting Your Parents

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“Children are the enemy.”

 

I remember once many years ago attending a mandatory continuing legal education program (it is the kind of thing lawyers need to do) when an attorney talked about the relationship between his clients and their adult children.

 Adult children are frequently stereotyped as greedy, manipulative, lacking in any real loyalty, love, and sense of duty. In some ways, this goes along well with my narrative about the breakdown of the American family. With this breakdown, there is a potentially exploitative system of taking care of the elderly. It is a system that strips them of their wealth, robs them of their freedom, alienates them from their family and drugs them into a stupor

The Netflix movie, “I care a lot,” has aspects of it that are incredibly frightening primarily because they happen.  It is a movie, though, and so it is sensationalized. The Adult Protective system, as depicted in the movie, doctors, professional court-appointed fiduciaries, nursing homes, and others take advantage of the breakdown in the American family and profit from it together. Of course, there are going to be lawyers that are going to point out things and statutes in specific law and say, “well, that’s not exactly how it works.” While it is true that this is a movie that takes liberties, the actual abuse it depicts is accurate. Naturally, this is not the only aspect of American society where corruption exists.

It is not my place to deny that there is a need for a system to take care of those who cannot take care of themselves because people can be exploited, even by members of their own family. The cure, however, can be worse than the disease.

What the system is really like

My law practice is in California. Naturally, my description of what the system is like is going to center around the state. Should note that the systems in other states are generally similar though there may be essential differences from one place to another. There might even be changes in terminology.

Conservatorship

There are two different kinds of conservatorships in California. The first is a “Probate Conservatorship,” governed by the California probate code. Another is an “LPS conservatorship”- for the “gravely” disabled.

A judge supervises the powers of a conservator. These powers can be somewhat limited or can be incredibly draconian and comprehensive. It can easily include managing finances (probably the most common), relationships, medical treatment, and care-indeed, virtually absolute control.

Conservatorships are not a service provided by the government, not usually.  They are mandated by the government and can look like a transfer of wealth from families to a privately-run system. The Ward, the person who has lost her freedom, pays for it, sometimes with everything she has- her wealth, liberty, even her dignity.  One of the problems with creating any system like this is that the system will benefit itself more than the people the system is supposed to help.  It is, of course, expensive for practical reasons as well; imagine having to hire somebody to manage your entire life?  

  As a practical matter, this system is not for the benefit of adult family members, particularly adult children. Adult children, of course, may become conservators themselves, in a process supervised by the courts.  Much of the system will assume that adult children are the enemy, while professionals who are regularly in court and everyone else in the system are essentially public servants.

A way out of this nightmare

Some in this world can tell jokes, walk and talk, and may even be wise-the kind of people that you might go and ask for advice. Yet, conmen and women and random emails can exploit them relatively easily.  The solution is depressingly simple: you need a plan.

An abusive system railroading an elder is more problematic for those who have a plan, which might include a revocable living trust and a power of attorney. You also need a process to determine whether you are incapacitated.  

Three kinds of people

There are three different kinds of people in this world.  There are the people that you trust, the people that you don’t trust, and then they’re the ones you don’t know.  Now, of course, the people that you trust might include your family members or your friends. There may be family members you do not trust. 

You, of course, have absolutely no idea about the motivations of individual judges, professional fiduciaries, nursing home managers, and others in the system. You don’t know if they are people of goodwill or ill will. You should also not want to find out.

Having a plan, including one that incorporates the Islamic rules of inheritance and the potential for your incapacity, is a great way to start.  This includes an incapacity plan, a living trust and a power of attorney.  It is your plan- because if you don’t get one yourself, the government has one for you.

PS To schedule a no-obligation 15-minute zoom call to go over the estate planning process, click here.

PPS American Muslim Community Foundation

I recently wrote about the concept of a “donor-advised fund.” In my Muslim nonprofit newsletter, which you can subscribe to here, I reviewed an organization that does Donor Advised Funds, the American Muslim community foundation (AMCF).  While the organization has some promise, I found some serious problems, including with their Zakat policy. You can read about it here.

California’s Homestead

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Why a homestead matters

If you are a homeowner and a little bit worried about being sued, there is a useful new law in California. The law will materially affect the advice I will give to Islamic Estate Planning clients I have in the state.

California is historically a “creditor friendly state.”  Other states that are “debtor friendly.”  What that means is that it is easier to collect on a judgment in California.  Otherwise, what would be the point of lawsuits if you can’t get anything out of them?

A “homestead” idea is that it is a bad policy to allow the civil justice system to make people homeless.  Texas and Florida are known to have generous homestead laws.  They allow people to own large tracts of land that judgment creditors cannot take away.   California had a stingy homestead exemption tied to the equity in the home, not necessarily the equity itself.  The exemption was typically small when compared to the relatively high prices of homes.

The homestead exemption in California is:

(a) the median value of the home in the county you live up to $600,000, or

(b) a minimum of $300,000.

The new law allows a meaningful amount of equity for everyone, even those who live in the San Francisco Bay area.

Example:

Sumaiya is an anesthesiologist with a home worth $3,000,000 in Los Gatos, California.  Sumaiya lost a malpractice case after a patent was permanently disabled. Her insurance was unable to cover all the damages. Sumaiya must pay $8,000,000.  Sumaiya could lose her brokerage account and most assets in her bank account.  She is likely to keep her retirement account (protected under federal law).  While she will lose her home in Los Gatos, she will be able to take $600,000 in equity from this home, which would be available for her to purchase another home.

There is more Sumaiya could have done for asset protection, which I have previously written about here.

Many people are unlikely to lose their home because of the homestead protection, so long as the equity is under $600,000.  For many middle-class families, this should be a relief.  It’s not as good as Texas or Florida, but it may well be good enough for many.

To discuss our process or Islamic Estate Planning, including asset protection, you can schedule a 15-minute zoom call here.