A guest blog from Yasmin Hoque, AL-HQ Law & More.

Ramadan is about more than just fasting; it is one of the best times for giving

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Most people are aware that Ramadan is the ninth month of the lunar Islamic calendar. This special time of year is acknowledged as one of the key pillars of the Islamic faith and, on a practical level, the month sees Muslims across the globe, nation, and in local communities engage in fasting for at least 29 or 30 days (with certain exemptions for those who are very elderly, suffering ill health, pregnant, breastfeeding, menstruating or undertaking extensive essential travel).

However, Ramadan is about far more than just fasting – it is also one of the best times of the year for Muslims to give. This article shares some insights into the practical aspects of the month, as well as reflects on the rewards and reflections that those observing Ramadan may wish to consider when it comes to their estate planning.

Preparing for and observing Ramadan

Fasting during Ramadan requires abstaining from food and drink during the hours between sunrise and sunset (you will often hear the exclamation of ‘what not even water?!’ especially when Ramadan falls during the longer summer days!). Surprisingly, the human body is able to adapt to this requirement with many known scientific benefits. This year, Ramadan is expected to last until 10 or 11 April - as the celebration of the festival of Eid-ul-Fitr, which marks the end of Ramadan, is subject to sighting of the moon.

Many Muslims have been busy preparing for the month of fasting by ensuring they have maximum opportunity to engage in additional prayers for those in greatest need, suffering hardships, poverty, and oppression. Each evening begins with the celebration of completing each fast by gathering for the opening of the fast, known as the ‘Iftar’ meal after sunset. This is not intended to be an extravagant display, because a single date or a sip of water is sufficient to appreciate the blessings of food and water most of us have easy access to. The evening then continues, with the opportunity to engage in reflection for the day ahead and complete a healthy pre-dawn meal called ‘suhoor’.

Rewards during Ramadan

Given the multiplication of rewards during this month, it is a naturally wonderful time for Muslims to engage in Will-writing and charitable giving. Not only is this a compulsory action in itself for Muslims, but being able to complete these noble endeavours during the month of Ramadan is even more of a worthy achievement.

The month also provides opportunities for those who assist in facilitating or supporting the fasting believer to be rewarded. One example of this is noted as being ‘whoever feeds a fasting person will have the same reward as the person fasting without diminishing the reward of the fasting person’ – this encourages much meal sharing and eagerness to join in with food preparation due to the corresponding benefits of doing so.

Estate planning during Ramadan

When it comes to estate planning during Ramadan, it can be easy to get distracted with decorations, gatherings, food preparations, and lifestyle adjustments. Here are some reflections to aid in Muslim estate planning at this time:

  1. During Ramadan, the ‘iftar’ meal gatherings provide a regular opportunity to get everyone round the table to discuss all the different estate planning options and educate each other on the choices available – ensuring there are no misunderstandings or unexpected surprises when it comes to what is selected for inclusion within the Will. Because part of fasting is for the fasting believer to keep the best character and emotions within a positive mindset, it’s also a great time to talk openly and collaboratively about this topic.
  2. Prepare a schedule of any missed fasts during the month, any that will be missed due to circumstances beyond your control, or those missed from past years which you may not be able to complete. Once you have done so, the options are to either make up the fast yourself at a different time of the year (before the next Ramadan ideally) or to calculate a sum equivalent to feeding one needy person for the day and set aside a sum to pay this. However, if this is not possible, then you can also dedicate a sum to this within your Will for these dates.
  3. The one-third of charitable giving remains an optional aspect of any Sharia-compliant Will during Ramadan, with the aim being to provide a direct benefit to the deceased in the form of ongoing charitable projects. It is one of only three known benefits for the deceased and a great opportunity to ensure it is through a legally binding instruction. Early planning can help identify suitable causes which will meet the criteria of ‘ongoing charitable benefit’ - referred to as Sadakah Jariyah - which can be included first in the Will, before going ahead with any specific Sharia-compliant distribution.
  4. The first steps of post-death estate planning will involve ensuring there is a sum for the funeral and burial expenses. But thereafter there will be a review of the repayment of debts and unpaid Zakat (another pillar of faith requiring those earning a certain level of income to pay 2.5% to charity per annum). As Zakat is often chosen to be paid during Ramadan, it is worth reflecting whether any historical sums need to be calculated and set aside in the Will if any payments have been missed. If there are likely to be funds available from the estate, then this remains payable from an Islamic perspective. Without keeping a note of this calculation for each year, it is possible the executors of the Will will be unable to easily establish this, creating a risk of missing it altogether – so don’t forget to record this for your Will.
  5. Finally, celebrate being able to reach Ramadan - many have not made it and for others it may be the final Ramadan. With this in mind, it is incumbent upon the Muslim community to complete each fast with gratitude. Given that it is a time of gathering good deeds, the act of engaging in charitable Will-writing is a good deed in itself that will result in magnified rewards. Setting a goal to get the task of Will-writing completed during this time is therefore a worthy exercise to cross off your to-do list!

 

Make this Ramdan a memorable one by taking positive action through charitable Will-writing and leave a legacy which helps make the world a better place for all, getting involved by holding a local iftar event or gathering, and ultimately reap the benefits for now and the future.

Yasmin Hoque is the founding partner of Campaign Supporters AL-HQ Law & More, a faith-inspired social enterprise legal practice, specialising in Islamic Wills and is a Consultant Solicitor in the Private Wealth team of Jurit LLP for complex and high value Sharia-compliant succession matters.