Rasulullah (sallallahu alayhi wasallam) commanded:
"It is not proper for a person to let even two
nights pass without him having prepared a
written wasiyyat (will/testament)."
It is incumbent for every Muslim to have his/her written Will in a safe place at all times. Maut (Death) strikes at any time without notice. The need for an Islamic Will is therefore imperative especially when living in a non-Muslim land or in a Muslim secular land. In fact all Muslim countries are secular, having adopted kuffaar law as the state religion.
Muslims in South Africa, and we presume in many other non-Muslim countries, are fortunate that inspite of the prevalence of non-Muslim secular law, an Islamic Will is valid. If a Muslim leaves an Islamic Will, the courts of the land will enforce the distribution of the Muslim’s estate in accordance with the Shariah. The only requirement is to ensure that a proper Islamic Will has been prepared.
Furthermore, the validity of an Islamic Will in this country requires that one’s marriage should not be registered in community of property nor by the system called antenuptial contract which includes the accrual clause. While there is no need and no incumbency for Muslims to have their marriages registered in civil courts, nevertheless, should such a need arise, do ensure that you opt for the antenuptial regime which excludes the Accrual Clause. If a Muslim’s marriage is registered in terms of this system or the marriage has not at all been registered in any way whatsoever, then the Islamic Will is valid. There is then absolutely no problem in ensuring the Islamic distribution of the estate of the deceased.
THE ISLAMIC WILL
Preparing an Islamic Will is a simple matter. It is a five minute inexpensive effort. It does not require a lawyer nor a commissioner of oaths. The Ulama organizations in South Africa have ready-prepared Will forms which require only filling in of names and signatures. The Wills have been designed to ensure that the deceased’s estate is distributed in compliance with the Sharia h. It is essential for every Muslim to acquire such forms which are distributed
free of charge by the Ulama Organizations. Whoever requires an Islamic Will form, may write to the Mujlisul Ulama. Stamps shall be appreciated.
We have available for the Muslim public, the following forms:
- Islamic Will
- Ante-Nuptial Contract
- Tafweedhut Talaaq
Whoevever requires any of these forms, may write to us for copies.