Kelloway Law & Mediation provides services to the Muslim community taking into consideration Islamic beliefs and requirements according to shari’ah (Islamic Law). 

We specialise in the preparation of Islamic wills, with Ms Kelloway having over 17 years experience in drafting documents in this niche area. 

WE ALSO OFFER SHARI’AH MODIFIED ENDURING POWER OF ATTORNEY AND shari’ah compliant ENDURING GUARDIAN DOCUMENTS.

Islamic Wills

We understand the importance of a Muslim having a shariáh compliant Will, as it is narrated by Abdullah bin Umar that the Prophet Muhammad (saw) said: “It is not permissible for any Muslim who has something to will to stay for two nights without having his last Will and testament written and kept ready with him.” (Sahih Bukhari).

In light of this hadith, common questions arise for Muslims residing in countries not governed under Shari’ah (Islamic Law), as to the validity of Islamic Wills under the governing law of the country in which they reside.

We confirm that we are able to provide client’s with a Will which is both shari’ah compliant AND is recognised under Australian law as it also complies with the Australian jurisdictional requirements.

If you would like to obtain an Islamic Will, please complete the Islamic Will Application Form below. Once your form has been received by our office, we will email you to confirm the progression of your matter.

If however, you have some questions before completing the Application Form, please do not hesitate to contact our office.

Power of Attorney

What is a Power of Attorney?

A Power of Attorney is a document which provides another person (or persons) with the power and authority to act on your behalf in relation to financial matters. 

There are two types of Power of Attorney:
  1. General Power of Attorney – which is normally used for a specific purpose or time frame. This Power of Attorney ceases to be in effect if/once you lose capacity.
  2. Enduring Power of Attorney – which unlike the General Power of Attorney, continues to be valid if/once you lose capacity.

You can only make a valid Power of Attorney provided you have capacity at the time. For this reason, it is recommended to have a Power of Attorney in place, to ensure that if you do later lack capacity to make decisions on your own behalf, your intention and authority can be carried out by the attorney you have personally appointed.

You are able to cater your Power of Attorney to suit your own needs and intentions, including adding in restrictions and/or additional powers for your attorney(s).

Power of Attorney – Islamic Law 

An Enduring Power of Attorney can only be shari’ah compliant if it meets extremely strict conditions some of which can be difficult to implement in Australia. The initial and primary issue from a shari’ah perspective is that the document cannot be revoked upon losing capacity and provides continuance of powers once capacity is lost.

A General Power of Attorney is shari’ah compliant and preferred by shari’ah. Kelloway Law & Mediation is able to assist you with a General Power of Attorney.

If you require an Enduring Power of Attorney, we have compiled a Shari’ah Modified Enduring Power of Attorney to accommodate as much of the shari’ah requirements as possible within the framework of the Australian legal jurisdiction.

For more information about Islamic Power of Attorneys please contact our office.

Enduring Guardian

What is an Enduring Guardian?

An Enduring Guardian is a document which provides another person (or persons) with the power and authority to act on your behalf and/or make medical decisions for you when you do not have the capacity to make those decisions yourself.

You can only make a valid Enduring Guardian if you have capacity at the time. For this reason, it is recommended to have an Enduring Guardian document in place, to ensure that if you do later lack capacity to make medical and/or lifestyle decisions on your own behalf, that your chosen guardian(s) can do so on your behalf.

Without a valid Enduring Guardian, there is a set hierarchy list of individuals based on their relationship to you, who would take on this role. This may not be who you want to be making medical decisions for you. If you want to control who would make such decisions, you need to have a valid Enduring Guardian document. 

You are able to cater your Enduring Guardian to suit your own needs and intentions, including for example limiting the decision making power of your guardian. 

Shari’ah Compliant Enduring Guardian  

We are able to offer the Muslim community with a Shari’ah Compliant Enduring Guardian. We confirm that the document precludes end of life decisions which are not Islamically compliant.

For more information about Shari’ah Compliant Enduring Guardians please contact our office.