Thinking about the departure of a loved one back to Allah (SWT) is a challenging, emotional time. What’s more, sorting out wills in accordance to Islamic rules of inheritance can also be a daunting task.
Here at Islamic Relief, we’ve done all the hard work for you. You can access a free will writing service through us, so no need to worry.
What is an Islamic will?
An Islamic will is a legally-binding document that stipulates to whom a person will be leaving their assets (property, possessions, money) to upon their return to Allah (SWT). This is known as a bequest.
This will take into account two groups of people:
- Ascendants: Including your spouse (husband/wife) and parents
- Descendants: Your children, grandchildren and siblings (full siblings and half-siblings)
A will can also include bequests for charitable purposes.
Meaning of Wasiyyah in Islam
Wasiyyah in Islam is the declaration a person makes whilst alive regarding their property and the arrangements according to Islamic law to be carried out after their death. This is akin to a “will” in British law.
What is the law for wills in Islam?
In Islam, a will must be made by the person whist they are alive for the purposes of arranging their property and assets, after their death, for the benefit of others or for charitable purposes. It is believed that:
“It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a will about it.” (Bukhari)
Therefore writing islamic wills is incredibly important in an Islamic context.
How to create an Islamic will that is legal in the UK
Whilst you can compile a will on your own, it is recommended that you consult a solicitor for legal advice and reassurance.
In order to create an Islamic will that is legal in the UK, you must meet the following conditions according to UK law:
- You must be aged 18 or over
- You must be of sound mind
- Your will must be in written form (oral declarations are not legally-binding)
- You must state that you are the author of the will
- You’re legally obliged to declare that this is your last will – meaning that any other wills before are now revoked
- You are required to date and sign the will in the presence of two witnesses – neither or whom can be your spouse or beneficiaries of the will
For full legal guidance, we recommend you consult a solicitor. For Islamic guidelines, a scholar will be able to give Sharia-complaint advice.