ISLAMIC LAST WILL and TESTAMENT  

Islamic
LAST WILL AND TESTAMENT

[4:1-O.B] Narrated ‘Abdullah bin ‘Umar (RA):  Allah’s Messenger (pbuh) said,

“It is not permissible for any Muslim who has something to will, to stay for two nights without having his last will and testament written and kept ready with him.”

***<<<*>>>***<<<*>>>***

IMPORTANT NOTE

A.      While having a written Last Will is generally recommended in Shari'ah as indicated by the Prophet, peace be upon him, taking measures to assure that distribution of one's estate will be done in accordance with Shari'ah becomes a Fardh (required) for Muslims who live in countries ruled by non-Islamic laws of inheritance. Wasiyyah [Last Will] is one such measure.

B.      This form has unique features:

a.      Explicit will to conduct corpus preparation, funeral and burial in accordance with Shari'ah (Article I).

b.      Appointment of guardian for minors in addition to the appointment of executer of the Last Will. A guardian for Muslim minors Must be Muslim, righteous, adult, female or male.

c.      Explicit and clear instructions for payment of debt and expenses of funeral and burial, being a religious requirement before distribution of estate (Article III).

d.      Mandate to the executor and courts to distribute the estate in accordance with the Islamic Inheritance System (Article V).

e.      Opportunity to donate for the Sake of God though assigning certain part of the estate for charitable causes. One can also accommodate giving to persons who are not entitled to inherit such as an orphan raised as a foster child or a non-Muslim wife (Article IV). Total of transfers in Article IV must not exceed 1/3 of the remainder of estate after debts and expenses.

C.      The schedule of Mawarith [Inheritance] is constructed in a comprehensive way. Shares of heirs are defined in the schedule after including not only distribution to “Ashab al Furud” and “al 'Asabat”, but also distributions arising from the issues of “Hajb”, “Awl” and “Radd”, so that it leaves minimum room for opinionated court judgments.

D.      Check with a specialized lawyer in your state for state legal requirements. Certainly this Last Will form is not provided as a legal advice and both ICB and ISNA disclaim giving any legal recommendation and bear no liability or responsibility with regard to any damage or harm resulting from any kind/form of use of this document.

7.      Each person needs a separate Last Will and Testament. Each of the husband and wife will have to his/her own last will.