Shariah Compliant Wills

Shariah Compliant Wills

Surah An-Nisa, Verse 11 from the Qur’an commands as follows:

“Allah enjoins you concerning your children: The male shall have the equal of the portion of two females; and if they are more than two females, then they will have two-thirds of the inheritance; and if there is (only) one, she will have the half; and as for his parents, each of them shall have a sixth part of the inheritance if he has a child, but if he has no child and his parents be his heirs, then his mother shall have the third, and if he has brothers, then his mother shall have the sixth after (the payment of) a bequest he may have bequeathed or a debt. You do not know which of your parents and your children is closer to you in usefulness. (This is) an ordinance from Allah. Verily Allah is All-Knowing, All-Wise.”

The importance of the Islamic Will (Wasiyya) is clear from a number of hadiths, such as that quoted above. Observance with the Islamic laws of inheritance carries the potential of great blessing and mercy from our Creator, as mentioned in Surah An-Nisa.

The Islamic laws of inheritance provide for a specific distribution as mentioned in the Quran and Sunnah and codified by scholars. However, unless you make a valid Islamic Will, your estate will not be distributed in accordance with Islamic laws of inheritance and you will not be able to leave a Wasiyya. The Wasiyya is the portion of up to a third of your estate which you can leave to anyone who does not automatically inherit under the Islamic laws of inheritance.