What Is an Islamic Will?

A will contains a person's instructions concerning what should be carried out after death regarding property, rights, or another lawful matter. Examples include:

1. Disclosing debts, trusts, and rights owed by or to the person.
2. Leaving part of the property to a non-heir or a trustworthy charitable organization.
3. Appointing a trustworthy person to execute the will and manage estate matters.
4. Recording the parents' preference concerning who should care for their minor children, while observing Shariah and applicable law.
5. Directing the family to wash, shroud, pray over, and bury the deceased according to the Sunnah.
6. Directing that the net estate be distributed among eligible heirs according to Islamic inheritance rules.

A will is therefore not a document for distributing property according to personal preference, nor is it a means of changing inheritance shares. It is a document that preserves rights and regulates what a person may lawfully direct under Shariah.

The Difference Between a Will, Inheritance, and a Lifetime Gift

A Will

A will is a disposition that takes effect after death. In principle, a financial bequest is made to a non-heir and, for someone who leaves heirs, remains within one-third of the net estate. It is not implemented if it involves sin or harm.

Inheritance

Inheritance is a right Allah assigns to the heirs after death. The deceased has no authority to exclude an eligible heir, increase an heir's share, or impose an equal division that contradicts the shares Allah prescribed.

A Lifetime Gift

A gift transfers ownership during the donor's life and generally requires delivery according to the type of property. Its rulings differ from those of a bequest. Gifts may not be used as a device to deprive some heirs or cause them harm.

A Bequest to an Heir

Before the detailed inheritance shares were revealed, bequests for parents and close relatives were prescribed. Once Allah revealed the heirs' fixed shares, each heir received the assigned right, and a person could no longer give that heir an additional special bequest. Ibn Abbas, may Allah be pleased with them both, said:

"كَانَ المَالُ لِلْوَلَدِ، وَكَانَتِ الوَصِيَّةُ لِلْوَالِدَيْنِ، فَنَسَخَ اللَّهُ مِنْ ذَلِكَ مَا أَحَبَّ، فَجَعَلَ لِلذَّكَرِ مِثْلَ حَظِّ الأُنْثَيَيْنِ، وَجَعَلَ لِلأَبَوَيْنِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسَ، وَجَعَلَ لِلْمَرْأَةِ الثُّمُنَ وَالرُّبْعَ، وَلِلزَّوْجِ الشَّطْرَ وَالرُّبُعَ".

“The property used to go to the child, and the bequest was for the parents. Then Allah abrogated from that what He willed: He assigned the male the share of two females, one-sixth to each parent, one-eighth or one-fourth to the wife, and one-half or one-fourth to the husband.” Narrated by Al-Bukhari (2747).

The Prophet, peace and blessings be upon him, said:

"إِنَّ اللَّهَ قَدْ أَعْطَى كُلَّ ذِي حَقٍّ حَقَّهُ، فَلَا وَصِيَّةَ لِوَارِثٍ".

“Allah has given every person entitled to a right their due right, so there is no bequest for an heir.” Narrated by Abu Dawud (2870), Al-Tirmidhi (2120), who graded it hasan sahih, and Ibn Majah (2713).

A relative who is an heir receives the inheritance share, while a relative who does not inherit may receive a bequest within Islamic guidelines.

The Ruling of Writing a Will

Writing a financial bequest is not obligatory upon every Muslim in every circumstance. Its ruling differs according to the person's situation.

An Obligatory Will

It is obligatory when needed to preserve a mandatory right unknown to others, such as a debt, trust, another person's property in one's possession, unpaid obligatory Zakah, or another right that may be lost after death.

Recording a debt does not make it permissible to delay payment when one can pay. Rights must be fulfilled promptly, and whatever remains should then be documented in case death occurs.

A Recommended Will

It is recommended when a Muslim wishes to make a lawful bequest to a non-heir, such as a relative in need who does not inherit, a poor person, a student of knowledge, or a trustworthy charitable project, while considering the heirs' needs and avoiding harm.

A Prohibited Will

It is prohibited when it includes disobedience to Allah, deprives an heir, gives an heir more than the prescribed share without legally effective approval after death, creates a fabricated debt, exceeds one-third when heirs exist, or is intended to harm the heirs.

Heirs' Approval of a Bequest to an Heir

A Muslim may not assign a house, amount, or additional percentage to an heir in the name of a bequest because Allah has already prescribed that heir's share. Whether a person is an heir is determined at the testator's death, not when the document is written.

If some heirs approve a bequest to an heir after the testator's death, and each approving heir is an adult of sound mind, financially competent, acting freely, and aware of their right, it is implemented only against that heir's share. No one may waive the right of a minor, absent heir, or person without legal capacity.

The Bequest Limit: One-Third

For someone who leaves heirs, one-third is the maximum financial bequest to non-heirs, not a recommended amount. Sa'd ibn Abi Waqqas, may Allah be pleased with him, said:

"جَاءَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَعُودُنِي وَأَنَا بِمَكَّةَ، وَهْوَ يَكْرَهُ أَنْ يَمُوتَ بِالأَرْضِ الَّتِي هَاجَرَ مِنْهَا، قَالَ: يَرْحَمُ اللَّهُ ابْنَ عَفْرَاءَ. قُلْتُ: يَا رَسُولَ اللَّهِ، أُوصِي بِمَالِي كُلِّهِ؟ قَالَ: لَا. قُلْتُ: فَالشَّطْرُ؟ قَالَ: لَا. قُلْتُ: الثُّلُثُ؟ قَالَ: فَالثُّلُثُ، وَالثُّلُثُ كَثِيرٌ، إِنَّكَ أَنْ تَدَعَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَدَعَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاسَ فِي أَيْدِيهِمْ، وَإِنَّكَ مَهْمَا أَنْفَقْتَ مِنْ نَفَقَةٍ فَإِنَّهَا صَدَقَةٌ، حَتَّى اللُّقْمَةُ الَّتِي تَرْفَعُهَا إِلَى فِي امْرَأَتِكَ، وَعَسَى اللَّهُ أَنْ يَرْفَعَكَ فَيَنْتَفِعَ بِكَ نَاسٌ وَيُضَرَّ بِكَ آخَرُونَ".

“The Prophet, peace and blessings be upon him, came to visit me while I was in Makkah, and he disliked that one should die in the land from which one had emigrated. He said, ‘May Allah have mercy on Ibn Afra.’ I asked, ‘O Messenger of Allah, may I bequeath all my property?’ He said, ‘No.’ I asked, ‘Half?’ He said, ‘No.’ I asked, ‘One-third?’ He said, ‘One-third, and one-third is much. It is better to leave your heirs wealthy than to leave them dependent and asking people. Whatever you spend is charity, even the morsel you raise to your wife's mouth. Perhaps Allah will prolong your life so that some people benefit through you and others are harmed by you.’” Narrated by Al-Bukhari (2742), with its basis in Muslim (1628).

One-fourth, one-fifth, or less may be better when the heirs are in need.

Prohibition of Harming the Heirs

Allah the Exalted says:

{فَمَنْ خَافَ مِنْ مُوصٍ جَنَفًا أَوْ إِثْمًا فَأَصْلَحَ بَيْنَهُمْ فَلَا إِثْمَ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ} [البقرة: 182].

“Whoever fears unfairness or wrongdoing from the person making a bequest and brings about reconciliation between the parties will bear no sin. Surely Allah is All-Forgiving, Most Merciful.” [Al-Baqarah 2:182]

A will, fabricated debts, or deathbed gifts may not be used as devices to reduce some heirs' shares, punish them because of a dispute, or favor others without right. A will is an act of worship and a trust, not a tool for revenge or control over the family after death.

The Order of Estate Rights

A will neither creates inheritance shares nor allows the testator to determine them personally. After death, the available property is not divided immediately. The process begins by identifying what the deceased truly owned and separating other people's property, trusts, and jointly owned interests. Estate matters are then generally handled in this order:

1. Reasonable costs of preparing and burying the deceased without extravagance.
2. Established rights attached to particular estate assets.
3. Debts and obligatory rights owed by the deceased.
4. A valid bequest to a non-heir, within one-third of what remains.
5. Distribution of the remainder among eligible heirs according to Islamic inheritance rules.

For a fuller explanation, read Islamic Inheritance: What Comes Before Estate Distribution?.

What Should Be Included in the Will?

Important matters to record include:

1. The testator's full legal name and identifying information.
2. Revocation of conflicting previous wills.
3. A statement that the testator is Muslim and wishes the estate to be administered according to Shariah.
4. A complete list of debts, trusts, rights, and important documents.
5. Appointment of a trustworthy and capable Muslim executor and an alternate when needed.
6. Identification of lawful bequests to non-heirs, not exceeding one-third.
7. Direction that the remainder be distributed under Islamic inheritance rules at death.
8. The parents' preference concerning care of minor children, reviewed under Shariah and applicable law.
9. Instructions for washing, shrouding, the funeral prayer, and burial according to the Sunnah.
10. Signatures, witnesses, and execution according to the law of the country or state.

Sensitive passwords should not be placed in an exposed copy of the will. They should be stored securely in a way the executor can access when needed.

Combining Shariah Compliance With Legal Enforceability

A document may be sound in its Islamic meaning yet fail local requirements for witnesses, signatures, or execution, causing a court not to enforce it. A document may also be legally valid while containing a distribution that violates Islamic inheritance, a bequest to an heir, or prohibited harm.

It should therefore be reviewed from two perspectives:

1. By a trusted scholar who understands Islamic wills and inheritance.
2. By an attorney licensed in the country or state who understands wills and estate law.

The ownership form of real estate, joint accounts, and account beneficiaries should also be reviewed. Some property may legally pass outside the estate before the executor can implement the will.

Common Mistakes in Islamic Wills

1. Giving sons and daughters equal inheritance shares contrary to what Allah prescribed.
2. Depriving an heir because of a personal dispute or limited communication.
3. Assigning a house or additional amount to an heir in the name of a bequest.
4. Bequeathing more than one-third when heirs exist.
5. Forgetting debts, trusts, and jointly owned rights.
6. Relying on a general template that does not fit the family or state law.
7. Fixing numerical shares before death even though the heirs may change.
8. Choosing an incapable or untrustworthy executor, or failing to name an alternate.
9. Failing to update the will after marriage, divorce, birth, death, or relocation.
10. Believing that a will allows a person to change Islamic inheritance rules.

Brief Practical Steps

1. Prepare a list of your property, debts, and property held in trust for others.
2. Gather ownership documents, contracts, and the names of rights holders.
3. Select a trustworthy Muslim executor and an alternate.
4. Decide whether you wish to make a lawful bequest to a non-heir and keep it within one-third.
5. Record your wishes for Islamic funeral arrangements and care of minor children, if any.
6. Do not calculate heirs' shares in advance. Direct that the remainder be distributed according to Islamic inheritance rules at death.
7. Present the draft to a trusted scholar and licensed attorney.
8. Sign, witness, and store it in the legally required manner.
9. Tell the executor where the original is kept without unnecessarily exposing sensitive information.
10. Review it periodically and after every significant family or financial change.

For More Detail

This is a concise introduction. For a detailed discussion of the will's ruling, bequests to heirs, the one-third limit, order of estate rights, account beneficiaries, care of minors, and practical questions, read Islamic Will: Rules, Conditions and How to Write One.

Related Articles

• Islamic Inheritance: What Comes Before Estate Distribution?
• Debts, Loans and Riba in Islam
• What to Do When Someone Dies in Islam
• How to Wash, Shroud and Bury a Muslim