What Is an Islamic Will?

In this context, a will is a person's instruction concerning what should be carried out after death regarding property, rights, or another lawful matter. Examples include leaving part of the estate to a non-heir or charitable organization, identifying debts and trusts, appointing a trustworthy executor, or recording lawful directions concerning minor children and the person's washing, shrouding, and burial.

A will differs from inheritance and a lifetime gift:

• Inheritance: A right Allah has assigned to the heirs. The deceased has no authority to change the prescribed shares or exclude an eligible heir.
• Financial bequest: A voluntary disposition that takes effect after death. In principle, it is made to a non-heir for a lawful purpose and, when the deceased leaves heirs, may not exceed one-third of the net estate unless there is legally effective approval after the death.
• Lifetime gift: A transfer of ownership during the donor's life. It is governed by the rulings of gifts and fairness among children and may not be used as a device to deprive an heir.

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, an heir received the portion Allah assigned and could not be given 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 bequest therefore remains lawful for a non-heir, such as a relative who does not inherit, a poor person, a student of knowledge, or a trustworthy charitable organization, subject to Islamic guidelines.

Whether a person is an heir or non-heir is determined at the testator's death, not when the will is written, because heirs may change through birth, death, marriage, or divorce.

The Ruling of Making a Will

The ruling differs according to the person's circumstances and the will's contents.

An Obligatory Will

A will is obligatory when it is necessary to preserve a right that others do not know about or that may not otherwise be established, such as:

1. A debt owed to another person or money taken as a loan.
2. Unpaid obligatory Zakah, a required expiation, or another financial right.
3. A trust, deposit, or another person's property in one's possession.
4. A debt owed to the testator when proof may otherwise be lost.
5. A right or obligation unknown to the heirs.

Recording a right in the will does not make it permissible to delay an obligation one can presently fulfill. A person who owes due Zakah or a payable debt and is able to pay must do so promptly, then record whatever remains in case death occurs before payment is completed.

A Recommended Will

It is recommended when a person leaves one-third or less to a non-heir for a lawful purpose, such as maintaining ties with a relative who does not inherit, helping someone in need, supporting beneficial knowledge, or establishing ongoing charity, provided the heirs are not harmed.

A Prohibited Will

A will is prohibited if it includes disobedience to Allah, deprives an heir of an assigned share, gives an heir a special bequest without valid approval after death from those whose rights are affected, exceeds one-third when heirs exist without legally effective approval, or is intended to cause harm or conflict.

Prohibition of Causing Harm Through a Will

Allah warns against causing harm through a will. He says in the verse of inheritance:

{وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ مِنْ بَعْدِ وَصِيَّةٍ يُوصَى بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ وَصِيَّةً مِنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَلِيمٌ} [النساء: 12].

“You are entitled to half of what your wives leave if they have no child. If they have a child, you receive one-fourth of what they leave, after any bequest they make or debt. Your wives receive one-fourth of what you leave if you have no child. If you have a child, they receive one-eighth of what you leave, after any bequest you make or debt. If a man or woman leaves neither parents nor children but has a brother or sister, each receives one-sixth. If there are more, they share one-third, after any bequest or debt, without causing harm. This is a command from Allah, and Allah is All-Knowing, Most Forbearing.” [Al-Nisa 4:12]

A will may not be used as a device to reduce some heirs' shares, burden the estate with fabricated debts, or make deathbed gifts intended to cause harm.

The heirs' shares are obligations assigned by Allah, not suggestions that the testator may change according to approval or anger. A person may not write, for example, “My eldest son receives an additional amount,” “My wife receives the house in addition to her share,” or “My daughter is deprived of inheritance,” and then have this implemented as an Islamic will.

If some or all 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, the bequest is effective only against the share of those who approved it. The property has become the heirs' right. Their approval during the testator's lifetime does not bind them after the death, and no one may waive the right of a minor, absent heir, or person without legal capacity.

The Amount of a Bequest and the One-Third Limit

For a person who leaves heirs, the maximum financial bequest to non-heirs is one-third of the net estate, and it may be less. 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).

Ibn Abbas, may Allah be pleased with them both, said:

"لَوْ غَضَّ النَّاسُ إِلَى الرُّبُعِ؛ لِأَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ: الثُّلُثُ، وَالثُّلُثُ كَثِيرٌ أَوْ كَبِيرٌ".

“If only people would reduce it to one-fourth, because the Messenger of Allah, peace and blessings be upon him, said, ‘One-third, and one-third is much,’ or ‘is large.’” Narrated by Al-Bukhari (2743).

One-third is a maximum, not a recommended amount. One-fourth, one-fifth, or less may be more appropriate when the heirs are in need.

Scholars differ concerning whether a person who dies without any heir may bequeath more than one-third. Such a case should not be decided by a general rule. Its details should be presented to a scholar of wills and inheritance and the appropriate judicial authority.

How Is One-Third of the Estate Calculated?

One-third is calculated from the net estate at death, after identifying the property truly owned by the deceased, paying reasonable funeral and burial expenses, addressing rights attached to specific estate assets, and settling debts and obligatory rights. It is not calculated from an old estimate written by the testator because property values and debts may change.

Property held in trust for another person, a share owned by a partner or spouse, and borrowed or leased property do not form part of the estate. They are returned to their owners before the net estate is calculated. The mere presence of money in a joint account, or registration of an asset in a person's name, does not by itself establish that the property belonged exclusively to the deceased. Actual ownership, documents, and evidence must be examined.

Depending on its true ownership, the estate may include cash, accounts, real property, vehicles, company interests, merchandise, gold, debts expected to be repaid to the deceased, digital assets, and other property. Jointly held property, accounts with a named beneficiary, or assets that legally pass outside the probate estate require careful review because the form of ownership may affect whether the Islamic distribution can be implemented.

The Order of Rights Before Distributing an Estate

The estate should not be divided among the family immediately after death. The general order is:

1. Reasonable costs of preparing and burying the deceased without extravagance.
2. Established rights attached to a particular estate asset, such as the secured creditor's right in valid collateral, to the extent of that right.
3. Established debts and obligations owed by the deceased to Allah or to people, according to their applicable rulings.
4. A valid bequest to a non-heir, within one-third of what remains.
5. Distribution of the remainder among eligible heirs according to the Islamic inheritance shares.

Other people's property, trusts, and ownership interests that did not belong to the deceased are not part of the estate in the first place, so they are separated before this order is applied. If expenses, rights, and debts consume all the property, nothing remains from which a financial bequest may be fulfilled or inheritance distributed.

Debt is executed before a bequest because of its seriousness and because the creditor's right is attached to the deceased's liability. The Prophet, peace and blessings be upon him, said:

"نَفْسُ المُؤْمِنِ مُعَلَّقَةٌ بِدَيْنِهِ حَتَّى يُقْضَى عَنْهُ".

“The believer's soul remains held by their debt until it is paid on their behalf.” Narrated by Al-Tirmidhi (1078), who graded it hasan.

For more detail, read Islamic Inheritance: What Comes Before Estate Distribution?.

Who May Receive a Bequest?

In principle, a bequest may be made to a non-heir for a lawful purpose. Examples include:

• A relative in need who does not inherit.
• A poor person, orphan, or student of knowledge.
• A mosque, school, or trustworthy Islamic outreach project.
• An ongoing charity or beneficial project.
• A non-Muslim relative who is not at war with Muslims, for the purpose of maintaining family ties and showing kindness, provided the bequest does not assist anything prohibited.

A bequest for sinful activity, an unidentified organization that cannot be determined, or a contradictory provision that cannot be implemented is not executed.

What Should an Islamic Will Contain?

01. The Testator's Identifying Information

Include the full legal name, date of birth, address, and any information needed to prevent mistaken identity.

02. Revocation of Previous Wills

State that the document is the testator's final will and that all previous wills are revoked, so multiple versions do not conflict.

03. Reference to Islamic Principles

The testator should state that they are Muslim and that the will and estate are to be administered in accordance with the Quran, Sunnah, and Islamic inheritance rules, using legally enforceable wording that does not violate Shariah.

04. Appointment of a Trustworthy Executor

Choose a trustworthy, capable Muslim who can gather assets, pay debts, carry out bequests, consult an inheritance scholar to calculate shares, and obtain legal assistance when needed. An alternate should be named in case the first person cannot serve.

05. Documentation of Debts, Rights, and Trusts

Record the names and contact details of rights holders, amounts due, locations of contracts and records, and what others owe the testator. Sensitive passwords should not be placed in an exposed copy. They should be stored securely in a way the executor can access when needed.

06. Identification of Bequests to Non-Heirs

Identify the non-heir person or organization, the amount or percentage, and an alternate if the bequest cannot reach the original recipient. Confirm that all bequests together do not exceed one-third.

07. Referral of Inheritance Calculations to a Specialist

The testator should not assign fixed shares based on the heirs alive today. A child may be born, an heir may die, or a marriage or divorce may occur before death. It is better to direct that the heirs and shares be determined at death by a qualified scholar or inheritance specialist.

08. Care of Minor Children

Parents should record their preference for a trustworthy, righteous Muslim to care for their children and name an alternate. When needed, they may distinguish between the person caring for a child and the person managing the child's property. This nomination does not automatically make the proposed person a Shariah guardian over property and may not bind every court. The appointment of guardians for minors and the scope of their authority must be reviewed under Shariah, applicable law, and the rules of the competent court. The wording should be prepared with a trusted scholar and an attorney familiar with state law.

09. Funeral and Burial Instructions

Record the wish to be washed, shrouded, prayed over, and buried according to the Sunnah; for burial to be expedited when possible; and for wailing, extravagance, and prohibited practices to be avoided, while observing necessary regulations.

10. Signatures, Witnesses, and Legal Execution

The will should be signed in the manner required by state law, in the presence of the required number and type of witnesses, with notarization or a supporting affidavit if required or beneficial. A document with sound Islamic meaning is not sufficient if it cannot be proved or legally enforced.

Legal Execution of the Will

A handwritten document may provide evidence of the writer's wishes, but handwriting alone does not guarantee legal acceptance or enforcement. Requirements for validity, witnesses, notarization, probate assets, and assets that pass directly to a named beneficiary differ from one state to another.

Two reviews should therefore be combined:

1. Review by a trusted scholar to confirm that the provisions comply with Shariah.
2. Review by an attorney licensed in the state to confirm that the language, execution, and signatures are legally valid and enforceable.

The Will and Assets That Pass Outside the Estate

Not necessarily all property is controlled by the will. Some bank and retirement accounts, insurance policies, and jointly owned assets may pass by law to a named beneficiary outside probate. If a beneficiary designation conflicts with Islamic inheritance, the property may reach one person and exclude others before the executor is able to implement the will.

The will must therefore be reviewed together with the ownership form of the home, accounts, and beneficiary designations. Each document should not be considered in isolation.

Insurance policies are mentioned here only to explain how a beneficiary designation can affect the transfer of property. This is not a ruling that every type of insurance or financial contract is permissible. Each contract has its own independent Islamic ruling.

Amending and Updating the Will

Yes, a person may amend the will or revoke voluntary bequests while alive, of sound mind, and acting freely. The will should be updated after marriage or divorce, the birth of a child, the death of an heir or executor, a move to another state, or a substantial change in property or debts.

Established rights owed to others cannot be cancelled simply by deleting them from the document, and Islamic inheritance does not change according to the testator's preferences.

Common Mistakes in Islamic Wills

1. Dividing the estate equally between sons and daughters contrary to the prescribed shares.
2. Depriving a son or daughter because of a personal dispute.
3. Assigning a house or additional amount to an heir in the name of a bequest.
4. Exceeding one-third without legally effective approval after death.
5. Concealing debts, trusts, or jointly owned property.
6. Writing an Islamic will that does not fulfill local legal requirements.
7. Relying on a general template that does not fit the state, family, or type of assets.
8. Naming an executor who is incapable or untrustworthy and failing to appoint an alternate.
9. Fixing numerical inheritance shares that may become wrong if the heirs change.
10. Failing to update beneficiary designations on accounts and jointly owned property.
11. Keeping the will where no one knows about it or where the executor cannot access it.
12. Using lifetime gifts as a device to deprive some heirs.

Practical Steps for Writing an Islamic Will

1. Prepare a complete list of your property, debts, and the rights of others in your possession.
2. Identify family members and potential heirs without calculating the shares yourself.
3. Choose a trustworthy executor and an alternate, and tell them where the documents are kept.
4. Select any lawful bequest to a non-heir, not exceeding one-third, while taking the heirs' needs into account.
5. Record your wishes for an Islamic funeral and name the person you propose to care for minor children, if any.
6. Review the provisions with a trusted scholar who understands wills and inheritance.
7. Present the wording to an attorney licensed in your state.
8. Sign, witness, and execute the document according to legal requirements.
9. Store the original in a secure place known to the executor.
10. Review it periodically and after every significant family or financial change.

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 Deceased Muslim