Saturday | 07 December 2019 | 10 Rabiul-Thani 1441
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Fatwa Answer

Question ID: 940 Category: Business Dealings
Inheritance/Will/Wasiah

As-salaam-alaikum.

I would request you to let me know on how to write a 'Wasiath' - a guidance on its compilation - or let me have a proforma, if there is, to enable me to write and keep it in a sealed cover for my wife and children to act upon my death. I have no big assets except small balances in banks and an Investment in my son's Dental Clinic from which I get monthly income from the business. Thank you.

Jazakum Allahu khairan.

الجواب وبالله التوفيق

Respected Brother in Islam,

As-Salam ‘Alaykum Warahmatullah Wabarakatuh,

The rules regarding Inheritance in Islam have been clearly defined in Quran and Hadith. Allocation of shares defined in these sources, can’t be changed by writing a will regarding the above said division. It is mentioned in a Hadith of Rasulullah ؐthat:

لا وصیۃ لوارثٍ

 

A part from the predefined shares, one can define the division of wealth to the loved one’s (relatives etc.), from no more than one third of the total wealth they have.

However, it could be mentioned in the will, that one’s wealth should be distributed among the rightful beneficiaries, according to the rules of Inheritance defined in Islamic Shari‘ah.

Please find the attached template for writing an Islamic will, also note that it is still a draft and changes might be made to this draft later, in order to get a legal approval. Therefore this document should only be utilized as a guideline and not as a legal documentof any sort.