Practical Guide

The Importance of Wasiyyah: Why You Need an Islamic Will

By QuickNisab Team 4 min read

"It is not right for a Muslim who has something to bequeath to stay for two nights without having his Last Will and Testament written and kept ready." — Prophet Muhammad (PBUH) from Sahih Bukhari.

What Happens If You Don't Have One?

If you live in a non-Muslim country (like the US, UK, or Canada) and you die intestate (without a will), your estate will be distributed according to the state law, not Islamic law.

This means:

  • Your wife might get everything (which contradicts the Quranic share of the mother/father/children).
  • Or your children might split everything equally regardless of rules.
  • Or strict probate courts might lock up your assets for months.

Writing a will is the only legal way to ensure your property is distributed according to Quranic injunctions in a secular country.

The "1/3rd Rule" Explained

Is the will just for your heirs? Actually, no. Your heirs (spouse, kids, parents) have their shares fixed by Allah. You cannot change those percentages in your will.

The Wasiyyah allows you to bequeath up to one-third (1/3) of your estate to non-heirs.

Who can you give this 1/3 to?
- A charity (Sadaqah Jariyah).
- An adopted child.
- A non-Muslim relative.
- A distant aunt or uncle who is poor.

This 1/3 is your opportunity to earn extra rewards after death or help loved ones who aren't automatically covered.

Practical Steps to Writing One

You don't need a lawyer to start, but you do need one to finalize it legally.

  1. List Your Assets: Bank accounts, real estate, jewelry, debts owed to you.
  2. List Your Debts: These must be paid off before any inheritance is split.
  3. Designate an Executor: Pick someone trustworthy to manage the distribution.
  4. Declare Your Faith: It is Sunnah to open your will with a declaration of faith (Shahada) and advice to your family to remain steadfast in Islam.
  5. Consult a Lawyer: Ensure the document meets your local state/country laws so it stands up in court.

Start by Knowing the Shares

Before writing your will, use our calculator to see exactly who inherits what according to Sharia.

Check Inheritance Shares →