Living WILL

The importance of the Islamic will

The importance of the Islamic will (wasiyya) is clear from the following two hadith:

“It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a will about it.” (Sahih al-Bukhari)

“A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If, (on the other hand), a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the Garden.” (Ahmad and Ibn Majah)

The will gives the testator an opportunity to help someone (e.g. a relative need such as an orphaned grandchild or a Christian widow) who is not entitled to inherit from him. The will can be used to clarify the nature of joint accounts, those living in commonality, appointment of guardian for one’s children and so on. In countries where the intestate succession law is different from Islamic law it becomes absolutely necessary to write a will.

When a Muslim dies there are four duties which need to be performed. These are:

  1. payment of funeral expenses
  2. payment of his/her debts
  3. execution his/her will
  4. distribution of the remaining estate among the heirs according to Sharia

The aim is to arouse awareness among Muslims particularly those living in the West regarding this important aspect of Islamic law. It should be stressed that when writing a will one should consult an Islamic scholar/legal expert to ensure that the will complies with Islamic law as well as the law of the country of residence.

Please download the files from below:

  1. Instructions for Execution of Last WILL and Testament
  2. Shariah Compliant WILL
  3. Schedule of Reference to determine Islamic Heirs