Islamic Wills

Passing on your assets the islamic way

The biggest difference when it comes to islamic wills and non-islamic wills is that the Qur’an and Sunnah dictate what a Muslim may or may not do with at least two thirds of their estate they die. However, in strict circumstances, those rules may be altered.

What is an Islamic Will?

A legal document that is ⟨preferably⟩ written in accordance with the Qur’an and the Sunnah and that sets out instructions to your executors, in relation to your wealth following your death. This would usually include the following:

  • The appointment of executors and trustees;
  • The appointment of guardians where the deceased is a parent having died during their child’s infancy; and
  • The naming of legal heirs in accordance with suratul Nisa of the holy Qur’an.

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Is an Islamic Will legally valid in non-Muslim lands?

In order to give legal effect to any islamic will in a secular democratic society ⟨i.e. not one necessarily governed by Islamic law⟩, an islamic will should be signed in the presence of two independent witnesses, but check with the local lawyer.

Why should a Muslim make an Islamic Will?

For Muslims living under secular legal systems, dying without an islamic will, could mean that the right people as set out in the Qur’an do not inherit your estate when you die. This very situation could potentially place your path to Paradise at risk. Furthermore, it could cause dispute amongst your beneficiaries who have misinterpreted your wishes during your lifetime.

It is prescribed for you, when death approaches any of you, if he leaves wealth, that he makes a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqoon (the pious)

Al-Quran al-Baqarah 2:180