Wills
Islamic Will & Power of Attorney
The importance of writing and maintaining a Will is a requirement on Muslims, as mentioned in the Holy Quran and in Hadith:
Notes:
1. A preamble, although not required legally, is used to declare faith as a Muslim and to call upon surviving relatives and friends to be cognizant of Allah. Death is a reminder to the survivors of their mortality and the accountability to be given on the Day of Judgment, so it is a good idea to use the preamble. Abdul Razzaq (RA) reported Anas (RA) to have said:
3. Instructions to pay all debts to other people, to Allah SWT (such as Zakaat due, unperformed obligatory Hajj, etc), and expenses related to illness and funeral should be included in an Islamic Will.
4. Part of the estate can be given away to charity AND/OR for contributions to Islamic activities (such as building a Masjid, Da’wah, etc) AND/OR for distribution to relatives that do not receive anything because the Shariah does not consider them heirs (i.e. cousins who do not inherit because the deceased has a son, or grandparents who do not inherit because the deceased has living parents), AND/OR to friends and neighbours. This portion cannot exceed 33% (one-third) of the inheritance after debts. This portion should not be given if the estate has a relatively small value and the heirs are in need for it. Sa’ad Ibn Abi Waqqas (RA) reported:
6. Having two witnesses is a legal, as well as Islamic requirement. It is important to sign the Will in front of the witnesses so that no one can contest in court later the authenticity of the signature or when/where the deceased signed.
The importance of writing and maintaining a Will is a requirement on Muslims, as mentioned in the Holy Quran and in Hadith:
It is prescribed, when Death approaches any of you, if he leaves any Goods,
that he makes a Bequest to parents and Next of Kin, according to reasonable usage;
this is a duty upon the righteous.
- Surah Al-Baqarah (Chapter 2), Verse 180
The Holy Prophet (PBUH) is reported by Ibn ‘Umar (RA) to have said:
“It is not right for any Muslim person who has anything to bequeath that he may pass even two nights without having his Will written.”
- Bukhari and Muslim
Below are templates of an Islamic Will, a Power of Attorney for Property, a Power of Attorney for Personal Care, and an affidavit for the Witnesses. These documents were drafted by a sister in Milton, who is a lawyer, and have been used by a few people in Milton already. The original documents were made into a template by a brother, who is an IT professional, so that the Muslim Association of Milton can offer these documents to the general public without any restrictions or obligations “hard-coded” in the Will. These documents can be downloaded and easily modified by you to suit your needs.- Surah Al-Baqarah (Chapter 2), Verse 180
The Holy Prophet (PBUH) is reported by Ibn ‘Umar (RA) to have said:
“It is not right for any Muslim person who has anything to bequeath that he may pass even two nights without having his Will written.”
- Bukhari and Muslim
Notes:
1. A preamble, although not required legally, is used to declare faith as a Muslim and to call upon surviving relatives and friends to be cognizant of Allah. Death is a reminder to the survivors of their mortality and the accountability to be given on the Day of Judgment, so it is a good idea to use the preamble. Abdul Razzaq (RA) reported Anas (RA) to have said:
“They (the Companions) used to write at the beginning of their Wills: In the name of Allah,
the Beneficent, the Merciful. This is what son of (so and so) testated, that he testifies that
there is no god but Allah, the One, Who has no partner. He also testifies that Muhammad (PBUH)
is Allah’s servant and messenger, that the last Hour will no doubt come, that Allah resurrects those in the graves.
Then he (the testator) advises the survivors of his clan to fear Allah and reconcile (any differences)
among themselves, to obey Allah and his apostle if they are true believers, that he advises them the
same as Ibrahim (AS) and Yaqub (AS) advised, ‘That Allah has chosen the faith for you; then die not
except in the faith of Islam’".
2. Instructions concerning the Islamic funeral and burial should be included in the Will
since these can be done otherwise (by order of court or ordinance) unless explicitly stated in the Will.3. Instructions to pay all debts to other people, to Allah SWT (such as Zakaat due, unperformed obligatory Hajj, etc), and expenses related to illness and funeral should be included in an Islamic Will.
4. Part of the estate can be given away to charity AND/OR for contributions to Islamic activities (such as building a Masjid, Da’wah, etc) AND/OR for distribution to relatives that do not receive anything because the Shariah does not consider them heirs (i.e. cousins who do not inherit because the deceased has a son, or grandparents who do not inherit because the deceased has living parents), AND/OR to friends and neighbours. This portion cannot exceed 33% (one-third) of the inheritance after debts. This portion should not be given if the estate has a relatively small value and the heirs are in need for it. Sa’ad Ibn Abi Waqqas (RA) reported:
The Prophet visited me at Mecca while I was ill. I said (to him), "I have property; May I bequeath
all my property in Allah's Cause?" He said, "No." I said, "Half of it?" He said, "No." I said,
"One third of it?" He said, "One-third (is alright), yet it is still too much, for you'd better
leave your inheritors wealthy than leave them poor, begging of others. Whatever you spend will be
considered a Sadaqa for you, even the mouthful of food you put in the mouth of your wife.
Anyhow Allah may let you recover, so that some people may benefit by you and others be harmed by you."
5. A major aspect of the Islamic Will is the specific and unequivocal determination of the inheritance amounts for distribution to the heirs. It is SECTION 9 of the template Will. The distribution of inheritance should be stated clearly to the
extent that it does not require an interpretation by a non-Islamic court and is not contested by any other party.
The MAWARITH (Islamic Distribution of the Estate) has been compiled and refined in detail by ISNA over the past
many years and can be found on their various websites on the internet. It is highly recommended to
reference such a Mawarith to either use the case specific words in the Will
or to include the Mawarith as a part (Schedule A) of the Will.6. Having two witnesses is a legal, as well as Islamic requirement. It is important to sign the Will in front of the witnesses so that no one can contest in court later the authenticity of the signature or when/where the deceased signed.
O you who believe, witnessing a will when one of you is dying shall be done by two equitable people among you.
If you are traveling, then two others may do the witnessing. After observing the Contact Prayer (Salat),
let the witnesses swear by ALLAH, to alleviate your doubts: "We will not use this to attain personal gains,
even if the testator is related to us. Nor will we conceal ALLAH's testimony. Otherwise, we would be sinners."
- Surah Al-Ma'idah (Chapter 5), Verse 106
We hope you find these documents of benefit. We pray that Allah SWT bless and reward the sister
and brother who have offered this Sadaqah Jariah to the community; may Allah SWT bless their families as well. Ameen.
- Surah Al-Ma'idah (Chapter 5), Verse 106
511 Ontario St
Milton, ON L9T 2N2.
Milton, ON L9T 2N2.
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