The Incumbancy of an Islamic Will

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.

FORTUNATE

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.

VALIDITY

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.

FORMS

We have available for the Muslim public, the following forms:

  1. Islamic Will
  2. Ante-Nuptial Contract
  3. Tafweedhut Talaaq


Whoevever requires any of these
forms, may write to us for copies.

[The Majlis]

8 Responses

  1. Assalamu alaikom,
    My husband and I would like to write our islamic wills and would like to get some help from you. Could you please email us any samples or forms you have on Wills that follow the proper Islamic Shariah?
    Jazakum Allah khair.
    Wassalam,
    Mona

  2. I would like to write my islamic will and would like to get some help from you. Could you please email me any samples or forms you have on Wills that follow the proper Islamic Shariah?
    Jazakum Allah khair.
    Wassalam,
    Amgad

  3. pleaes send me a simple will and other related needs as we need to sort a will out please it must be shriah compliant

  4. Assalamualaikum,

    I would like to write an islamic will along with my wife, could you please help by sending me any forms/ literature on this subject. Could you please email us any samples or forms you have on Wills that follow the proper Islamic Shariah?
    Jazakallah.
    Wassalam,
    Saj

  5. Assalamualaikum.I have a problem.My father passed away 4 years ago and left a will.There was a house and a business.In the will he declared c.o.pso mother claimed half plus 1/8 and the entire business.me the only son received 2/3 and of three sisters each received 1/3.My mother re married and went toperform umrah with her new husband,is this correct

  6. Assalamu Alaikkum
    Pleaes send me a simple will and other related needs as we need to sort a will out ,it must be shriah compliant
    Jazaak Allakh

    S Moosa

  7. assalaamulaikum can my wife and son be executores of my will.

  8. Asslaamu-alaikum.
    I wish to acquire copies of the Islamic Will Document and the Anti-Nuptual contracts, kindly advise the procedure to acquire these documents and the costs implications.

    Barakallah,
    Zunaid Modan

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