A Lifetime of Care
Believers care for one another. We work hard to provide for our families and support our communities. Whether beginning a new family or planning for the end of our time in this life, proper planning can ensure that our hard work continues to support those we love.
A knowledgeable and sensitive attorney is needed to create Estate Plans, Marital Agreements, and Charitable Trusts that reflect our Islamic beliefs and are valid under American law.
At Gallinger Law, our care for our clients extends throughout the lifespan. Todd Gallinger has worked with American Muslims for over a dozen years creating Shari’ah-compliant Living Trusts, and Wills, and Marital Agreements. In addition to being an experienced lawyer, Mr. Gallinger has an M.A. in Islamic Studies and is a recognized expert in contemporary applications of Islamic Law.
We would be proud to assist you in planning for a righteous future for your family. Take advantage of our free initial phone consultations. Contact us to schedule a call with an attorney and move towards securing your family’s future.
Contact Us
What is Islamic Legal Planning?
Islamic legal planning is incorporating Muslim values into the legal documents you create to protect your family’s and community’s futures. These documents must conform to the local laws of the state where you live and also should reflect your deeply held religious beliefs.
Estate Planning
Our experienced and sensitive attorneys and staff help clients prepare Wills, Trusts, and other Estate Planning Documents which follow the Qur’anic inheritance structure and other Islamic traditions, with the goal of providing right guidance to family during one of the most difficult times possible.
Marital/Family Planning
Couple who are engaged or already married may want an agreement addressing property ownership (separate v. community) and each party’s responsibilities during their union and in the case of divorce. To protect the rights of both spouses, there are often disclosure requirements and other technicalities which must be followed. In California, a valid Pre or Post Nuptial Agreement is the only way for a married couple to move away from communal property ownership.
Charitable Planning
Mosques and other nonprofit institutions can grow and protect community resources through use of Waqfs, Endowments, Trusts, and other legal entities. We help organization leaders secure their community’s future.
FAQ
Islamic Legal Planning
Every Muslim who owns property should have an estate plan. The Prophet Muhammad (pbuh) is reported in Bukhari as saying “It is unbecoming of a Muslim who has anything worth passing on to spend two nights without having a will in one’s possession. “The Holy Qur’an is even more clear: “God decrees a will for the benefit of your children” (4:11)
If you have no will or trust in place, then the laws of the state of California will govern the distribution of your property. Also, a court will pick who will be responsible for your estate, burial, and even children.
It depends. In California the estate of anyone with total property worth more than $150,000 (including gross value of real estate and excluding mortgage debt) must go through probate, a sometimes long, public, and expensive court process.
Probate can be avoided with the creation of a Living Trust. The fees for creating a living trust are almost always less than the court fees from the probate process. Additionally you save your family a major burden during an already very difficult time.
Protection from taxes and lawsuits requires the use of more complex, irrevocable trusts. These can often be constructed in a Shari’ah compliant fashion.
An Islamic marriage contract can ensure agreed-upon family roles and change distribution of property. It’s purpose is to protect the rights of both parties and may be especially useful for couple who may live in a future which claims to base its legal code on the Qur’an.
Gallinger Law will prepare your documents based upon whatever Madhhab (school)—Sunni or Shi’a—you and your family prefer. Our goal is to uphold and enforce your religious beliefs, not to dictate or direct.
Contact Gallinger Law and we will provide you with the appropriate questionnaire. You responses on these detailed forms will help us evaluate your case and prepare documents in accordance with your wishes.
Contact us for further consultation and more inquiry