Principles, public policy and enforcement in the US
Muslims who wish to abide by the Islamic law of inheritance when drafing a will must keep in mind that they will encounter several conficts with U.S. law while doing so. While various statutory and legal conficts may be smoothly reconciled with proper drafing, broader public policy concerns may be more difcult to tackle. U.S. courts have long grappled with conficts between religion and state generally, as well as, more specifcally, those that arise when enforcing a will’s religious clauses. As the use of Islamic wills becomes more popular, judges will likely be faced with issues previously unseen in U.S. courts.
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