Why an Islamic Will?

“It is not rightful for a Muslim who has something to bequeath to sleep two consecutive nights without having his will written with him” – Sahih Al Bukhari.

What is an Islamic Will?

Islam has strongly emphasized that each individual make a Will in his lifetime and have witnesses to it.

Allah and His Messenger (SAW) have made it an obligation upon Muslims to leave a will to ensure that wealth is distributed as prescribed upon his death. 2:180 The Holy Quran.

Making an Islamic Will ensures that you have discharged your religious obligation. It provides for the proper distribution of assets, properties and possessions, instruction for payment of debts, selection of executors and appointment of guardians for minor children.

Without making a will, you leave your estate and its distribution to the state where the law of the land will apply. The courts would select an administrator for your estate and appoint guardians for any minor children. This may not be in line with your wishes or the rules outlined in the Qur’an and the Sunnah.

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Allah orders us in the Qur’an to ensure that our estate is distributed properly:

“Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable – a duty upon the righteous.” – Surah Baqarah 2:180

The prophet Muhammad (sa) has also advised us to make a will:

“It is not rightful for a Muslim who has something to bequeath to sleep two consecutive nights without having his will written with him.” – Sahih Al Bukhari.

It’s easy to put off making a will. But if you die without making one you are deemed to have died ‘intestate’. This means that your assets will be distributed according to the law of the land rather than your wishes. More importantly, these rules are not the same as the Islamic laws of inheritance and will mean that your wealth will not be distributed according to Shariah (Islamic Law).

English and Welsh laws do not recognise Islamic marriages or divorces. So if you have not registered your marriage and die intestate (without a Will) your spouse could end up with nothing.

In your Will you can appoint suitable guardians with good Islamic teachings for your children in the event that both parents die before the children reach 18 years of age. You can outline your wishes on how your children should be raised. Otherwise the courts will have a say in their future.

In your Will you can leave a gift to help the less fortunate or a charitable cause. This helps both the beneficiary and you as Sadaqah Jariyah (ongoing charity) is only one of three actions which continues to be rewarded even after death!

As well as complying with a Sunnah by making a Will, you can also help your family after you have passed in the following ways:

  • It can avoid unnecessary family disputes
  • A tax efficient Will can save huge amounts of Inheritance Tax your family may need to pay
  • If you die intestate your family would need to apply to the courts to administer your estate which is a lengthy and costly process. Making a Will is far cheaper and can avoid a financial headache for your family in the long run.

You can leave funeral and burial instructions in your Will to ensure these are carried out in accordance with authentic Islamic practices.