The will in Islam (wasiyya)

Should one make a will?

The Prophet ﷺ said: “A Muslim who has something to bequeath should not spend two nights without having his will written down with him” (al-Bukhari, no. 2738; Muslim, no. 1627).

According to most scholars, a will becomes obligatory for anyone who owes debts or holds deposits and rights of others that are not known: they must be written down so they can be returned. Otherwise, bequeathing part of one’s property to relatives who do not inherit or to good causes is recommended for anyone who leaves wealth.

Verse 180 of Surah Al-Baqara prescribed a will in favour of parents and relatives; according to most scholars, the verses of the shares (An-Nisa 11 and 12) replaced it for heirs, and the recommendation remains towards relatives who do not inherit.

The one-third limit

Sa‘d ibn Abi Waqqas, when ill, wanted to bequeath almost all his property; the Prophet ﷺ answered him: “One third, and one third is a lot. Leaving your heirs rich is better than leaving them in need, holding out their hands to people” (al-Bukhari, no. 2742; Muslim, no. 1628).

Ibn ‘Abbas would have liked people to go down to a quarter, because of this hadith (al-Bukhari, no. 2743). The third is calculated on what remains after funeral costs and debts.

Beyond one third, a bequest is only valid to the extent the heirs accept it, after the death, each out of his own share.

No bequest for an heir

“Allah has given everyone entitled their due: no bequest for an heir” (Abu Dawud, no. 2870; at-Tirmidhi, no. 2120; Ibn Majah, no. 2713). A will therefore cannot increase the share of an heir (a son, the wife…) or reduce another.

According to the four schools, such a bequest only takes effect if the other heirs accept it after the death. Who is an heir is judged at the time of death: a brother who does not inherit because the deceased leaves a son can receive a bequest.

Who can receive a bequest?

Relatives who do not inherit: grandchildren whose father or mother has already died, brothers and sisters excluded by the children, nephews and nieces, a fostered child (kafala), in-laws; a person in need; a lasting good work (sadaqa jariya, waqf, mosque, school, well).

A bequest to a non-Muslim relative is permitted according to the majority of scholars, although he does not inherit. A bequest cannot serve something forbidden.

Write it, date it, have it witnessed

The Quran asks for two upright witnesses when a will is made (Surah Al-Ma’ida, verses 106 to 108). It is customary to write one’s will, date it, sign it and have it signed by two witnesses.

It can be changed or revoked at any time during one’s life; only the last one counts. A bequest only takes effect at death, after funeral costs and debts have been paid.

Depending on the country, civil law imposes a form (in England and Wales, a signed will witnessed by two people; in France, a will entirely handwritten, dated and signed, or a notarial deed) and may limit what can be bequeathed. Have your will reviewed by a lawyer or notary.

What to put in your will

Debts to be paid and sums to be claimed, deposits and items held in trust to be returned; any bequests (beneficiary, amount or fraction, within one third); instructions for the funeral in line with the Sunnah (washing, prayer, prompt burial in a Muslim cemetery, without excessive spending); the person who will care for minor children; the executor of the will; and the request that the rest be divided according to the shares set by Allah.

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