I was interested to speak to a Muslim who said that he could not leave a legacy via a trust that continued generation after generation (see my book “16 Steps to Wealth”) because Shar’iah Law dictates how the assets of a deceased shall be distributed amongst his wife and children.

My interest arose, because I have formed legacy trusts for a number of other Muslims and this question was never raised.

This got me to reading the translation of Sahih Muslim, Book 13, the Book of Bequests.

Three things jumped out at me.

1. A Muslim is entitled to bequeath no more than 1/3rd of his property and then to non-heirs alone (Book 13 Number 3996). At first reading this would appear to preclude a bequest to a legacy trust as the beneficiaries of that trust would be heirs. However, a legacy trust that we form does not allow the assets of the trust to be distributed to beneficiaries, only the income (earned by those assets). So, perhaps 1/3rd of the estate can be bequeathed to the trust.
2. If such a bequest as above is to be made, the will relating to that bequest should be written down within two nights of acquisition of the asset(s) (Book 13 Number 3987). This is not stated as a rigid requirement, but it says that it is the testator’s duty to write the Will within that time frame.
3. The entire Book of Bequests relates to the property of the deceased. If a trust owns the property, then it is not owned by the deceased, and in the strict letter of the law, the Book of Bequests does not appear to apply. So, it would seem to be a matter of interpretation and I think that is why this was all new to me.

I would appreciate comments on this article.