What is an Islamic Will? How is it Different from a Normal Will?

Planning for the future is essential, and creating a Will is a fundamental part of ensuring your loved ones are taken care of according to your wishes. For Muslims, this planning involves the unique structure and purpose of an Islamic Will, including inheritance prescribed by the Shari’ah and a voluntary wasiyyah (وصية). An Islamic Will has both spiritual and legal significance, aiming to fulfill obligations towards one’s family, community, and ultimately, Allah. In this article, we’ll explore the core principles of an Islamic Will, its unique features, and how it differs from a standard Will in Australia.

The Foundation of an Islamic Will

An Islamic Will is more than just a legal document; it is a fulfillment of a religious obligation and reflects a person’s values and responsibilities. The importance of making a Will is highlighted in both the Qur’an and the Hadith.

The Qur’an emphasises the obligation of creating a Will:

“It is prescribed for you, when death approaches any of you if he leaves wealth, that he makes a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon the righteous.”(Surah Al-Baqarah, 2:180)

Prophet Muhammad (ﷺ) also advised Muslims to prepare a Will promptly:

“It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.”(Sahih al-Bukhari, Hadith 2738)

Together, these verses and hadith underscore the importance of creating a Will as an act of piety and responsibility.

Key Elements of an Islamic Will

An Islamic Will has several distinguishing features, which are crucial for fulfilling one’s religious obligations. Here’s a look at the key aspects of an Islamic Will:

1. Distribution of Inheritance According to Islamic Law

One of the defining features of an Islamic Will is that it adheres to Shari’ah guidelines for inheritance. This includes distributing wealth among heirs as specified by Islamic inheritance laws, a process that is quite structured. The division of assets is governed by rules laid out in the Qur’an:

"Allah commands you as regards your children's (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit; (these fixed shares) are ordained by Allah. And Allah is the All-Knowing, All-Wise.

In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third, after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most-Forbearing.”(Surah An-Nisa, 4:11-12)

Islamic inheritance law divides the deceased’s estate in specific shares for immediate family members, prioritising parents, spouses, and children. This predetermined division ensures fairness while reflecting the importance of family responsibility in Islam.

2. Allocation of Discretionary Bequests (Wasiyyah) for Non-Heirs

A unique feature of the Islamic Will is the allowance to allocate up to one-third of the estate as discretionary bequests (wasiyyah) to anyone outside of the pre-designated heirs. These bequests can be given to family members who will not automatically inherit (such as non-Muslims, adopted children, foster children, step children, certain grandchildren), friends, charity, or community projects. The total value of these bequests cannot exceed one-third of the total estate, as emphasised by the Prophet Muhammad (ﷺ):

"One-third, and one-third is a lot. It is better to leave your heirs rich than to leave them dependent and asking from people."(Sahih al-Bukhari, Hadith 2742)

Discretionary bequests provide Muslims with a unique way to give back to the community, support charitable causes, or leave a legacy such as awqaf (charitable endowment), which can benefit the community indefinitely.

3. Paying Off Debts and Obligations

Islamic law requires that any outstanding debts, obligations, or liabilities must be paid off before distributing the estate among heirs.

The Prophet Muhammad (ﷺ) stressed the importance of settling debts:

“The believer’s soul is held back by his debt until it is paid off.”(Sunan Ibn Majah, Hadith 2413)

This underscores the ethical responsibility in Islam to clear one’s financial obligations, as unsettled debts are considered a barrier to a peaceful sojourn in the hereafter.

Debts include liabilities owed to individuals or organisations, such as mortgages and loans. They also include outstanding Islamic obligations, such as unpaid zakat, dowries, kaffarat, (penalties), yameen (oaths) and unperformed hajj. Probate and administration costs for managing the deceased person's estate are also deducted before the estate is distributed.

Compliance with Australian Legal Standards

For Australian Muslims, it is important that their Will not only complies with Islamic law, but also meets Australian legal requirements, to be valid. This includes having a Will that has been drafted in compliance with Australian laws and is signed and witnessed appropriately. This dual compliance requirement ensures that a person’s Will can be recognised by the Australian legal system, whilst fulfilling Islamic guidelines.

Differences Between an Islamic Will and a Standard Will

The main differences between an Islamic Will and a standard Will stem from the structure, purpose, and guiding principles of the Shari’ah. Here are a few distinctions:

• Inheritance Shares: Unlike a standard Will, where the testator (person making the Will) has full discretion to divide assets however they choose, an Islamic Will follows specific guidelines that dictate the shares allocated to heirs.
• Bequest Restrictions: In a standard Will, a testator can make discretionary bequests to whomever they choose. In an Islamic Will, discretionary bequests can only be made up-to the value of a third of the estate and are usually made to persons who will not otherwise inherit under the Will, or are made to charities.
• Focus on Debt Settlement: Both types of Wills address debt, but an Islamic Will places a stronger emphasis on clearing financial obligations as an ethical and religious duty. An Islamic Will also covers debts and obligations that are due to Allah s.w.t., such as unpaid zakat, dowries, kaffarat, yameen and un-performed hajj.
• Religious Intent: An Islamic Will is not just a legal document; it’s an act of faith, fulfilling obligations toward Allah, family, and society. In contrast, a standard Will may or may not include such religious intentions.

Preparing Your Islamic Will in Australia

For Australian Muslims, MuslimWills offers an ideal solution. It provides a comprehensive online Will builder that combines Islamic inheritance principles with Australian legal requirements. MuslimWills also features an inheritance calculator to break down the shares of eligible beneficiaries according to Islamic law. Additionally, the "Secure Vault" allows for easy storage of important documents, ensuring loved ones can access them when needed.

By creating an Islamic Will, Muslims can take control of their estate planning, ensuring that personal assets are managed in a way that aligns with Islamic values and fulfils their religious responsibilities. Making a Will is a step towards ensuring the continued well-being of loved ones and the community, and ultimately, earning the pleasure of Allah.