The process to name guardians to most American Muslims, which is part of the process of Islamic Estate Planning. Understand that this FAQ only answers general questions. This is not a replacement for a lawyer. Contact us if you want to get in touch. For more comprehensive information, you should get our free report on mistakes people make in their living trust, and get on our email list.
Is there a required order in which I need to name Guardians for my children?
No.
What kinds of things should I consider when naming guardians to take care of my children after I die?
The main consideration is that your selected guardian can (1) do the job and (2) shares your values. Do not use artificial formulas or considerations such as “I should appoint person X first otherwise he would be offended.” This is not about offending people.
Also, keep in mind that this decision is one that you need to monitor and may need to change from time to time.
Is there a requirement that the guardians I name for my minor children be Muslim?
There is no specific requirement. However, it would appear to be a good idea.
What if all the people I trust to raise my children live overseas?
You can name guardians overseas. However, this can be complex for a wide range of reasons. We typically recommend naming guardians both overseas as well as locally. The local guardians can facilitate care of children until the travel overseas is worked out.
What if parents do not agree whom a guardian should be?
Parents can agree to a shura (a panel), perhaps with members of both parent’s families, who can then name guardians.
Can I write in my will that my ex-husband, the children’s father, cannot be the successor guardian?
You could write whatever you like, however, don’t count on the children’s father not raising your children unless parental rights were completely severed. Your will cannot do that.
Can I name a sibling as a guardian?
Yes, you can. Just make sure the sibling is an adult.
All I want to do is name guardians for minor children, how can I do that?
If you do not want a lawyer (of course we recommended you have one) you can download a form that is part of our free Islamic Inheritance Resource Guide for American Muslims.