We all know for certain that we will face death and while we do not know when this moment will come for any one of us, we all know we must prepare for death. We should live our life in the hope of pleasing Allah Almighty and as part of that intention, we should ensure that all our personal matters and assets are left under clear instruction for when we pass away. This is why we are taught that Muslims who possess wealth, must create an Islamic Will with a sense of urgency.
“It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a Will about it.” Sahih Al Bukhari
Within English Law, a Will is not mandatory and the absence of a Will causes the rules of intestacy to be applied to one’s estate after their death; an ‘estate’ refers to all the possessions and wealth a person owns, ‘intestacy’ means to pass away without your wishes for who should inherit from you being formally known or recognised. In such a case the rules used to decide the sharing of a deceased person’s wealth contradict the Islamic Law entitlement as commanded by Allah Almighty in the noble Quran. In the absence of any surviving family members, inheritance will be handed over to the Crown under UK intestacy rules. Creating an Islamic Will is Wajib, practically necessary, in Islamic Law as this avoids family disputes over inheritance and clarifies all financial matters to all parties. This helps to keep peace within families after the loss of a loved one and benefits the deceased according to his or her instructions.
The Islamic Will shall stipulate that the following payments are made from the deceased’s estate:
- Funeral costs
- Debt repayments
- Execution of their Will (including probate)
- A third of the remaining estate can be gifted to people of one’s choice or to a charity
- Distribution of remaining assets in accordance with Islamic Law
It is important to have a legally valid Will in the UK, which must be signed and executed. In the process of writing an Islamic Will, Muslims should be thoughtful, transparent, and clearly capture their wishes relating to inheritance. It is also a worthwhile exercise to update an Islamic Will when a significant amount of time has passed to avoid confusions about the distribution of one’s estate.
In Islamic Law, the percentage of estate that is divided amongst relatives is stipulated by Allah Almighty. For example, a husband is entitled to 50% of the estate if the deceased has no surviving children or 25% if they do have children. A wife is entitled to 25% of the inheritance if the deceased has no children or 12.5% if they do have children. Sons have double the amount compared to a daughter’s inheritance because the daughter is secured financially through her husband and his estate.
May Allah Almighty grant us a prosperous life and give us the ability to donate wealth in His cause in our lifetimes and as part of our Islamic Will. The giving of charity in the way of Allah Almighty is no doubt a great source of Sadaqah Al Jaariya, continuous charity, for any person and will no doubt benefit us in the Afterlife.