How to make an Islamic Will according to Islamic law

Business Contributor
Fotoğraf: Tingey Injury Law Firm-Unsplash

Will means to desire. An Islamic will is a legal declaration under Islamic law. In Islamic terminology, a will or testament is the granting of the right to defer a gift to a certain asset or profit until the testator’s death. The will of a testator is effective from the moment of his death. The one who makes a will is called the testator.

Those who can make a will

Wills have an important place in Islamic law when it comes to the transfer of property. Wills are laws related to the Qur’an and Hadith. Every adult, sane Muslim can transfer property through will.

There are several conditions when making a will or testament.

1. The testator must be healthy. The will of the perverted brain will not be effective.

2. Just as free consent is required to enter into any agreement, so is a will. It will not be acceptable to make a will by force.

3. The testator can revoke and change any will and in this case his last testamentwill be considered valid.

4. The testator should be aware of all the details of the testament in front of at least two witnesses and will sign it. At least two witnesses will sign the will.

How much of the property can be bequeathed?

According to Islamic law, a Muslim cannot transfer more than one-third of his property by will after paying his burial expenses and paying off debts. Even if the heirs agree to more than one-third of the will after the testator’s death. The donation will not be effective on more than one-third of the property through the will.

Wills can be executed orally or in writing. Islamic law does not require a will to be prepared in writing to be valid, and no special process or even a written or oral declaration is required until the testator’s desire to make a will is clearly realized.

Restrictions in the case of Islamic will

The following are the restrictions on making a will under Islamic law:

1. According to Islamic law, a Muslim testator can bequeath only one-third of his or her entire estate to any non-relative, but not more than that.

2. The testator cannot bequeath the property in the name of any of his heirs. Such donations will not be legally acceptable.

3. If the testator bequeaths any property in the name of any of his/her heirs by will, it will not be lawful at all. But after the death of the testator, if his other heirs accept it, the testament will be legal and effective.

4. According to Islamic law, a Muslim cannot make a will for only one heir by depriving his other heirs.

5. If the testator makes a will in the name of a non-existent person at the time of his death, the testamentwill be considered invalid. However, if a child is born within six months from the day of the will, he has to donate the property through a will.

6. If the testator has no heirs, he can bequeath all his property to any stranger through a will. However, a will cannot be made in a case that is not valid under Islamic law.

7. No one can make a will conditionally. Conditional donations through wills will be deemed invalid.

8. A testator cannot make a will in the future. Such donation is also invalid.

9. After one-third of the property is bequeathed by the testator, the remaining two-thirds of the property will be distributed among his heirs.

10. Since a will is valid after the death of the testator, the testator may revoke or revoke the will at any time during his lifetime.

Cancellation of Islamic will

The will can be revoked. The testator can revoke the will during his lifetime. The methods by which the testator can revoke his will are as follows-

1. The testator may withdraw his will by written or oral declaration.

2. If the testator performs any act on the testamentary property which results in a change in the testamentary will, the testament concerned will be revoked.

3. If the testator’s right to the testamentary property expires, the testament will be revoked.

Enjoy Ali Huda! Exclusive for your kids.