How does an Islamic will (wasiyyah) work?

What a will is

The scholars define it as a disposal of the estate deferred until after death, or a charitable gift of wealth that takes effect after death. It is not a transfer of ownership now — that is what distinguishes it from a gift (hibah), which takes effect immediately. The will remains yours to change: you may withdraw it, reduce it or increase it, and it only becomes fixed at the moment of death.

Its legislation is established by the Qur'an, the Sunnah and the consensus of the scholars. In the earliest period of Islam the will was obligatory, then the obligation was abrogated and what remained was its recommendation for those who are not heirs. The Prophet ﷺ said:

"It is not right for a Muslim who has something to bequeath to spend two nights without his will written and kept with him."— Sahih al-Bukhari 2738 and Sahih Muslim 1627, from Ibn Umar رضي الله عنه

Ibn Umar رضي الله عنه said that not a night passed him since hearing this from the Messenger of Allah ﷺ without his will being with him.

When it is obligatory, recommended or forbidden

The ruling on a will is not one thing — it follows what the will contains.

The obligation in the first case is not about generosity. It is because fulfilling that right is itself a duty, and a duty cannot be completed unless it is recorded and entrusted to those who will carry it out — so the will becomes obligatory as the means to it. The scholars mention that this extends to non-financial matters too, such as arranging for young children who are not yet of age.

The one-third limit and who may receive it

The ceiling is one third of the estate, and it is better to bequeath less — a fifth or a quarter is recommended, and a fifth is better. The Prophet ﷺ said:

"Allah has given you a charity at your death: a third of your wealth, an increase for you in your deeds."— Sunan Ibn Majah 2709, from Abu Hurayrah

Two restrictions define who may benefit:

• No bequest to an heir. The Prophet ﷺ said, "There is no bequest to an heir." An heir already has a fixed share appointed by Allah, and a bequest to them would be taking from the other heirs.
• No more than a third to a non-heir. If you have an heir, you may not give a stranger more than a third. If you have no heir at all, you may bequeath the whole of your wealth.

If a bequest to an heir is made anyway, it does not take effect unless the heirs themselves consent — and then it is carried out only from the share of those who consented, not from the others.

How to write it

There is no fixed wording. Any expression that conveys your intent is sufficient — whether you say "I bequeath to so-and-so such-and-such," or "give him from my wealth after my death," or "I have assigned him such-and-such after my death." A will is valid by spoken word or by your own handwriting.

That said, the practice of the early generations was to open the will with a statement of faith and counsel, and Shaykh Ibn Baz رحمه الله set out a form for it. It begins with the testator declaring the shahadah, affirming the truth of Paradise and the Fire and the Resurrection, then advising his family and relatives to have taqwa of Allah, to reconcile their differences, and to obey Allah and His Messenger — advising them as Ibrahim and Ya'qub advised their sons:

"O my sons, indeed Allah has chosen for you this religion, so do not die except while you are Muslims."— Qur'an 2:132

After that, the testator states what he wishes to bequeath — a third of his wealth, or less, or a specific asset not exceeding a third — names the lawful purposes it is to be spent on, and names the trustee who will carry it out. This form is not binding; a will written any other way is valid.

Two practical points the scholars stress:

• Have it witnessed by two just witnesses, and have it drawn up by someone reliable among the people of knowledge rather than relying on your own handwriting alone — handwriting can be confused or disputed later.
• Name your trustee clearly. You may appoint anyone you trust from your father, brother, sister or others who has a share of religious commitment and uprightness. The trustee must be Muslim, adult and sane, upright, sound in judgement, and capable of handling what is entrusted to him — and a woman may serve as trustee just as a man may.

Who may make a will

A will is valid from an adult of sound judgement, and also from a discerning child, and from one who is weak-minded with regard to wealth. It may be made in favour of a specific person or an unspecified group such as the poor and needy, and it may be made to a mosque, a bridge, a school of learning or similar. It is recommended to bequeath to parents who do not inherit and to poor relatives who do not inherit, since that is both charity and maintaining ties.

The will must be fair. If the testator intends harm to an heir, that is forbidden and he bears its sin. It is forbidden for the trustee or anyone else to alter a just will, and whoever knows that a will contains unfairness should advise the testator toward what is better — and if he does not respond, reconcile between the beneficiaries so that justice and mutual agreement are achieved.

Key takeaways

• A will covers up to one third of your estate and takes effect only after death; you may revise it freely until then.
• It is obligatory when you owe debts, trusts or duties to Allah that would otherwise be lost, recommended for the wealthy whose heirs are secure, and forbidden if it targets an heir or aims to harm them.
• No bequest may be made to an heir unless the other heirs consent, and then only from the share of those who consented.
• Write it, have it witnessed by two just witnesses, and have it drawn up by someone reliable — do not rely on your own handwriting alone.
• Name a trustworthy trustee, and keep the bequest within a third; a fifth is better than a third.

Further reading

• Shaykh Ibn Baz, Majmu' al-Fatawa wa al-Maqalat — the section on wills
• Shaykh Muhammad al-Mukhtar al-Shanqiti, Kitab al-Wasaya
• Muhammad al-Tuwaijri, al-Wasiyyah (from Fiqh al-Mu'amalat)

And Allah knows best.