From the Arabic root “وصية” (wasiyah), the word “wasiyyah” is derived, meaning “to recommend” or “to advise.” In the context of Islam, it refers to a person’s bequest or instructions about how their assets should be divided after they pass away. It is crucial to remember that although the idea of a will is present in Islamic law, it is governed by particular rules and principles that are established by the Quran and Hadith (the teachings and customs of Prophet Muhammad).
The Quran, Hadith, and the consensus of Islamic scholars (ijma) are some of the sources of Islamic law that regulate Islamic wills. The legal system makes sure that the will abides with the moral and ethical standards found in Islamic teachings. The following are some essential elements of Islamic wills:
Obligation of Making a Will: Although it is not required, Muslims are strongly advised to make a will. “It is not permissible for a Muslim who has something to bequeath to stay for two nights without having his last will and testament written down,” the Prophet Muhammad said, underscoring the need of leaving a will (Sahih Bukhari).
Capacity to Make a Will: Islam requires that a person be of sound mind and have reached the age of maturity (puberty) in order to have the legal capacity to form a will. This guarantees that the testator is aware of the consequences of their choices.
Distribution of Assets: The allocation of assets is a crucial component of Islamic wills. According to Islamic law, heirs’ shares are determined by their link to the deceased. Surah An-Nisa (Chapter 4) of the Quran describes these shares and the percentages that each successor is entitled to. Therefore, a will cannot conflict with these specified shares.
Limitations on Bequests: There are restrictions on bequests under Islamic law. Up to one-third of a testator’s assets may be bequeathed to non-heirs (those who are not entitled to fixed shares), with the remaining two-thirds having to be divided in accordance with the legal heirs’ predefined shares. The purpose of this restriction is to safeguard the legitimate heirs’ rights.
Execution of the Will: A will must be carried out in accordance with Islamic law in order to be effective. Usually, at least two trustworthy Muslim witnesses must attest to the document. To ensure that the will accurately reflects the testator’s wishes, the witnesses should be unbiased and not beneficiaries of the will.
Islamic wills are essential for minimising heir conflicts and guaranteeing a seamless transfer of wealth. The following are some main justifications for the significance of drafting an Islamic will:
Clarity of Intentions: The testator’s intentions regarding the disposition of their possessions are made clear by a well-written Islamic will. After the testator’s passing, this clarity helps lessen miscommunications and disputes within the family.
Protection of Rights: An Islamic will safeguard each heir’s rights by following the rules of Islamic law. This guarantees that no family member will be unfairly disadvantaged or denied their part.
Compliance with Islamic Principles: By ensuring that the disposal of assets complies with Sharia, an Islamic will enable the testator to fulfil their religious duties. Because their wishes will be fulfilled in accordance with their beliefs, Muslims can approach death with peace of mind.
Facilitation of the Probate Process: By offering a plan for the division of assets, a well-written will can speed up the process of probate. This can avoid possible legal issues during the probate process, save money, and save time.
Guidance for Executors: The designated executors (wasi) in charge of managing the estate are guided by an Islamic will. This can assist executors in carrying out their responsibilities in a way that complies with Islamic law and the testator’s intentions.
Although creating an Islamic will is crucial, people should be mindful of the following difficulties and factors:
Cultural Differences: Conflicts over the division of properties could arise from different cultural interpretations of Islamic law. It is imperative that people consult with informed academics who can offer views depending on their legal and cultural background.
Complex Family Dynamics: The creation and implementation of an Islamic will may be complicated by family relations. It takes considerable thought and, occasionally, mediation to address the interests of every family member while upholding Islamic beliefs.
Legal Framework: Islamic wills may not be fully recognised by the legal system in some jurisdictions, which could cause problems for the probate procedure. To ensure compliance, people should speak with legal professionals who are educated about both local and Islamic law, such as those who understand the legal requirements for drafting an Islamic will in the UK.
Lack of Awareness: It’s possible that many Muslims are not entirely aware of the rules and principles of Islamic law. To motivate people to take proactive measures in estate planning, education and awareness are crucial.
Changes in Circumstances: An existing will may need to be updated due to changes in life circumstances. A will can stay current and appropriately reflect the testator’s intentions by being reviewed and amended on a regular basis.
For Muslims attempting to negotiate the complicated topic of estate planning, it is essential to comprehend the fundamental ideas and specifications of Islamic wills. A properly written Islamic will guarantees that the transfer of assets complies with Sharia, safeguards heirs’ rights, and makes the testator’s intentions clear. People can leave a legacy that embodies their ideals and satisfies their religious duties by following Islamic teachings and consulting professionals.
We at Adam Bernard Solicitors are dedicated to helping customers create legally sound documents that suit their circumstances because we understand the significance of Islamic wills. Our staff of experienced solicitors can offer direction at any stage of the procedure, guaranteeing that your desires are appropriately represented and upheld in accordance with Islamic law. Do not hesitate to request a consultation if you require help with estate planning or have enquiries concerning Islamic wills.
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