An Islamic will (often referred to as a Wasiyyah in Arabic) is a legal document that outlines how a Muslim's wealth and assets should be distributed after their death in accordance with Islamic law (Shariah). The concept of an Islamic will is rooted in the Qur'an and the Sunnah (traditions of the Prophet Muhammad, peace be upon him), and it ensures that a person's estate is distributed fairly and in compliance with divine guidance.

Key Features of an Islamic Will:

Obligation to Make a Will: Writing a will is strongly recommended in Islam. The Prophet Muhammad (peace be upon him) said:
“It is not permissible for any Muslim who has something to will to stay for two nights without having his will written and kept ready with him.”
(Sahih al-Bukhari)

Distribution of Assets:

• Fixed Shares: The Qur'an specifies fixed shares for certain family members, such as parents, spouses, and children. These are known as Fara'id and must be strictly followed.
• Discretionary Bequest: Up to one-third of the estate can be allocated to non-heirs, charitable causes, or other individuals as a discretionary bequest. This portion cannot contradict the fixed shares.

Restrictions:

• The discretionary portion cannot exceed one-third of the total estate.
• Beneficiaries who are already entitled to a share under Islamic inheritance law cannot be included in the discretionary portion of the will.

Payment of Debts and Obligations: Before distributing the estate, all debts (including any unpaid Zakat) and funeral expenses must be settled.

Testator’s Intent: The will must be made voluntarily, without coercion, and the testator must be of sound mind.

Witnesses: An Islamic will requires witnesses to ensure its authenticity. Typically, two trustworthy witnesses are needed.

Validity under Local Laws: To ensure the will is legally enforceable, it should comply with both Islamic guidelines and the local laws of the country where the individual resides.

Benefits of an Islamic Will:

• Ensures that the distribution of wealth aligns with Islamic principles.
• Reduces potential family disputes by providing clear guidance.
• Allows the individual to support charitable causes or loved ones who are not direct heirs.

If you're planning to draft an Islamic will, contact our knowledgeable lawyers who are familiar with Islamic and local inheritance laws.