Will under Muslim Law
Will under Muslim Law
1. Definition of Will
A Will (known as Wasiyyah in Arabic) is a legal declaration made by a Muslim person during their lifetime, specifying how they want to distribute their property after death.
It is a voluntary act and comes into effect only after the testator’s death.
2. Legal Basis
The concept of Wasiyyah is recognized in Islamic law and codified in many Muslim countries' succession laws.
The Quran addresses wills in Surah Al-Baqarah (2:180):
“Prescribe for the near of kin the due portion (of inheritance), and (also) for those to whom your right hand possesses — a duty for the righteous.”
3. Key Characteristics of a Will in Muslim Law
a. Scope of Property
A will can only dispose of up to one-third (1/3) of the total estate after the payment of debts and funeral expenses.
The remaining two-thirds (2/3) of the estate must be distributed according to fixed inheritance shares prescribed by Islamic law (Faraid).
b. Beneficiaries
The will can benefit anyone: family members, non-heirs, charities, or even non-Muslims.
However, the will cannot infringe upon the fixed shares of legal heirs.
c. Execution of Will
The will takes effect only after all debts and funeral expenses have been paid.
The executor or legal heirs must respect the one-third limitation.
4. Revocation of Will
The testator can revoke or change the will at any time during their lifetime.
Revocation can be done verbally or in writing.
5. Conditions for Validity of a Will
The testator must be of sound mind.
The will must be made voluntarily without coercion.
The testator should have full ownership of the property at the time of making the will.
The will should be clear and definite in its instructions.
6. Restrictions and Limitations
The one-third rule is strictly enforced.
The will cannot be used to dispose of property beyond the legal limit.
If the testator attempts to dispose of more than one-third, the excess portion is usually distributed according to Islamic inheritance rules unless the heirs agree otherwise.
7. Comparison with Other Laws
Unlike many Western legal systems where a person can will their entire estate, Muslim law restricts the testamentary freedom to protect family heirs’ rights.
The system balances individual freedom with community and family obligations.
8. Practical Implications
Many Muslims make wills to distribute the one-third portion to charitable causes or non-heir relatives.
Wills are often used to make special bequests or ensure some assets go to individuals not entitled under fixed shares.
Summary Table
| Aspect | Details |
|---|---|
| Maximum disposal by Will | Up to 1/3 of estate after debts and expenses |
| Beneficiaries | Anyone, including non-heirs and charities |
| Limitations | Cannot infringe on fixed shares of heirs |
| Revocation | Allowed anytime before death |
| Conditions | Sound mind, voluntary, clear instructions |
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