Example Islamic Will

 

Before making an Islamic Will in the UK please note the following points which are very important:-

 

In most scenarios the wife’s entitlement under Shari’a is 1/8 of the husband’s estate and the husband’s entitlement is ¼ of the wife’s estate. Parents are also normally entitled to 1/6 of the estate.

 

If you do not make reasonable provision for a partner or any person who is financially dependant upon you it is possible that they could make a claim against your estate.

 

A partner would generally inherit a greater share under the rules of intestacy than they would obtain under the Shari’a law.

 

Illegitimate and adopted children generally have the same rights in law as other children and therefore children excluded under Shari’a law may have a right to claim a share.

 

You may leave up to one third of your estate to beneficiaries of your choice which can include charities and persons not automatically entitled (such as friends brothers and sisters).

 

A Will is normally revoked by subsequent marriage unless specifically referred to.

 

On divorce gifts to a former spouse are cancelled however the rest of the Will stands.

 

Jointly owned property held as joint tenants normally passes in law entirely to the survivor.

 

You should obtain legal advice before making an Islamic Will – the following document is an example only and should not be relied upon to be suitable for your particular circumstances without obtaining advice.

 

 

* * *

In the name of Allah, the Most Beneficent, the Most Merciful

 

 

LAST WILL AND TESTAMENT OF

 

Name

Address

 

 

I: PREAMBLE

 

All praise is for Allah the creator of the heavens and the earth. I bear witness that there is no deity but Allah, the One God, and I bear witness that Prophet Muhammad (Peace & Blessings be Upon Him) the son of Abdullah is God’s Messenger and the last of all Prophets (Peace & Blessings be Upon Them).

 

I ask all my relatives and friends to see to it that I am buried as a Muslim should be, and that my properties are divided as I wanted them to be divided according to the Sunni Shari’a Muslim Islamic Law of inheritance, following the Hanafi principles of jurisprudence.

 

 

II: REVOCATION

 

I revoke any and all Wills and codicils made by me, and do make, ordain, publish and declare this my Last Will and Testament.

 

 

III: FAMILY

 

I am married to

and all references in this Will to my husband/wife are to him/her.

 

I am the father/mother of the following children whose names and dates of birth are:

 

 

IV: EXECUTORS

 

I hereby give all my estate: cash, bank accounts, real property, shares in any business, and any other property not mentioned in this Will, upon trust to the persons named below, who shall act also as executors and trustees to serve without bond, to distribute it according to Sunni Shari’a Muslim Islamic Law, following the Hanafi principles of jurisprudence, the fiqh of the madhdhab of Iman Abu Hanifa:-

 

My husband/wife and

or, if one or more of them fail or be unable to act, I appoint in substitution

 

or if all of them fail or be unable to act, I appoint the Imam of the local Sunni Orthodox Muslim community.

 

1. I ordain that the executor of this Will be a Muslim.

 

2. I direct that the executor take all actions legally permissible to have the probate of my estate done as simply and as expeditiously as possible.

 

3. I give my executor named above power to sell any property, real, personal or mixed, in which I have interest, without a court order and without bond.

 

4. I give my executor power to settle any claim for or against my estate.

 

5. In the event of any of my executors, trustees or guardians being a solicitor or person acting in a professional capacity, I hereby authorise him or her to charge and be paid from my estate all reasonable professional charges arising out of the administration of my estate.

 

 

 

V: BURIAL ARRANGEMENTS

 

I ordain that:

 

1. My body be prepared for burial in keeping with the Sunni Shari’a Muslim Islamic Law.

 

2. Under no circumstances my body be voluntarily turned over for an autopsy or embalming or for organ donation.

 

3. My body be prepared for burial by Sunni Orthodox Muslims according to the Sunni Shari’a Muslim Islamic Law.

 

4. My body should be buried if possible in the Cemetery at

 

5. My body may not be transported over any unreasonable distance from the locality of death unless necessitated by the circumstances or consensus of my Muslim family members.

 

6. My grave shall be dug in complete accordance with the Islamic practice. It should face in the direction of the Qiblah (towards the Ka’aba at Makkah, Saudi Arabia).

 

7. My body shall be buried with the simplest, most modest, and least expensive encasement possible, and I furthermore command that the encasement be left open unless prohibited by law.

 

8. My burial should take place as soon as possible, preferably before sunset on the day of my death or the following day. Under no circumstances should the burial be unduly delayed.

 

 

VI: GUARDIANSHIP AND CUSTODY OF MINOR CHILDREN

 

1. If at my death any of my children are minors, I appoint my husband/wife

guardian of my minor children.

 

2. If he/she is unable or unwilling to serve as personal guardian, I appoint

and

guardians of my minor children.

 

3. In all cases I urge that all my minor children be raised to be practicing Muslims and

not in any way be indoctrinated into any other faith or religion. Any property or other inheritance that this Will gives to any of my minor children shall be administered by their guardian in the best interest of the children.

 

 

VII: DEBTS AND OBLIGATIONS

 

I direct my executor:

 

1. To return to the rightful owners all trust and properties that are in my care at the time of my death.

 

2. To first apply the assets of my estate to the payment of all my legal debts and obligations, including such expenses incurred by my last illness and burial as well as the expenses of the administration of my estate.

 

 

VIII: JURISPRUDENCE

 

1. I wish my estate to be distributed and where relevant invested in accordance with the Sunni Shari’a Muslim Islamic Law, following the Hanafi principles of jurisprudence, the fiqh of the madhdhab of Iman Abu Hanifa, and after all or any funeral expenses, debts, taxes and professional and testamentary expenses have been paid out of my estate by my executors, they shall hold what remains of my estate on trust to be distributed in accordance with the following provisions:-

 

 

IX: GIFTS

 

1  As regards the one third of what remains of my estate (after all or any funeral expenses, debts, taxes and professional and testamentary expenses have been paid) which under the Sunni Shari’a Muslim Islamic Law I am entitled to leave to whomever I wish, I direct that my trustees shall hold the same on trust to be distributed in accordance with the following provisions:-

 

1.1 I give (all my jewellery) to (my daughters) absolutely, and if more than one shall survive then in equal shares.

 

1.2  I give all the remainder of this one third share of my estate to my wife and children to be distributed to them in shares in accordance with the Sunni Shari’a Muslim Islamic Law.

 

2. In the event of the total value of the above specific gifts and legacies amounting to more than one third of what remains of my estate (after all or any funeral expenses, debts, taxes and professional and testamentary expenses have been paid), then the above specific gifts and legacies are each to be proportionally reduced by my executors in whatever manner they in their absolute discretion think fit - so that their total value then amounts to one third of what remains of my estate before being distributed unless all my surviving relatives entitled to inherit fixed shares in accordance with the Sunni Shari’a Muslim Islamic Law agree to the above specific gifts and legacies being distributed as indicated above and accordingly to accept a corresponding decrease in the amount of their own respective shares in which case the above specific gifts and legacies shall be distributed as indicated above.

 

 

X: DISTRIBUTION

 

1.  As regards the two thirds of what remains of my estate (after all funeral expenses, debts, taxes, professional and testamentary expenses and specific gifts and legacies have been paid or distributed) such must be distributed amongst my surviving relatives who are mentioned hereinafter in fixed shares in accordance with the Sunni Shari’a Muslim Islamic Law.  

 

2.1 (name)

 

2.2 (name)

 

 

3. I would like the following specific items to go to the following relatives provided that the value of any such particular item or group of items does not amount to more than the value of the particular fixed share or shares to which any such item or group of items relates and to which any such relative or relatives is or are entitled in accordance with the Sunni Shari’a Muslim Islamic Law.

 

4. In the event of the value of any of the above items amounting to more than the value of the particular fixed share or shares to which any such item or group of items relates and to which any such relative or relatives is or are entitled, then my executors are instead to allocate to any such relative or relatives whatever in their absolute discretion appears best to represent their particular share or shares in my estate unless all my surviving relatives entitled to inherit fixed shares in accordance with the Sunni Shari’a Muslim Islamic Law agree to any such specific items being allocated as indicated above and accordingly to accept a corresponding decrease in the amount of their own respective shares in which case the items shall be distributed amongst my surviving relatives as mentioned above .

 

 

XI: RESIDUARY ESTATE

 

1. In the event of there being no surviving relatives who would have been entitled to fixed shares from my estate if they had survived me, which means that part of the residue of my estate (after all or any funeral expenses, debts, taxes, professional and testamentary expenses and specific gifts and legacies have been paid or distributed) will in accordance with the Sunni Shari’a Muslim Islamic Law automatically go to the Bayt al-Mal of my community, then I give that residue to the Bayt al-Mal of my community and if there is or are one or more charitable trusts performing the functions of the Bayt al-Mal in my community, then I direct my trustees to distribute any residue to any charitable trusts as they think fit.

 

2. However if this gift or any part of it fails for any reason or if any other part of the Will fails for any reason then I wish the executors of my estate to hold the residue of my estate or the part of it affected on trust and to distribute it amongst those in need amongst my community as they in their absolute discretion consider and think fit, provided always that any such distribution is in accordance with and guided by the Sunni Shari’a Muslim Islamic Law.

 

 

XII: DIRECTIONS

 

I give the following directions to my executors:-

1. In the event of any of my children or other relatives being minors at the time of my death, I wish my executors to hold their share or shares as determined by the Sunni Shari’a Muslim Islamic Law on Trust until such child attains the age of twenty one years. My trustees shall be free to retain or sell any such share as they in their absolute discretion think fit and to invest the proceeds thereof, provided always that any such investment does not involve usury and is permitted by the Sunni Shari’a Muslim Islamic Law, and while any such child is under the age of twenty one years, my trustees may in their absolute discretion use all or any part of any such share or of the income from any such investment for the child’s maintenance, education welfare or benefit.

 

2. Any residue or remainder of my estate not otherwise as above disposed of shall be distributed strictly in accordance with the tenets of Sunni Shari’a Muslim Islamic Law of inheritance.

 

3. Should I die as a result of murder or homicide, my executors shall ensure that no part of the remainder of my estate shall be inherited by any person responsible for my unlawful killing, no matter how they are related to me.

 

4. No part of the remainder of my estate shall be inherited by a person whose claimed relationship to me, is the result of an unlawful marriage, or through adoption, except if this relationship to me is through their mother who is through blood related to me or if they are specifically mentioned in bequests above.

 

5. My executors should regard any child, conceived before my death, whose relationship to me qualifies it to be an heir according if it is born alive within the limit of time specified by Shari’a, to be my lawful heir and my executors may delay the distribution of the residue and remainder of my estate until after the birth of the child or shall withhold a portion of the estate equal to the share of the child for distribution until after the birth of the child.

 

6. That in case of any difficulty in distributing my estate according to this Will, the matter should be referred to a Muslim knowledgeable in Sunni Shari’a Muslim Islamic Law for advice and guidance.

 

7. Any reference to a charity includes any non-charitable institution named in it and, where there is more than one charity, each or all of them; if the charity has ceased to exist at the date of my death the benefit shall be given to any charity having the same or similar objects which my Trustees in their absolute discretion select; the receipt of the treasurer, secretary or other appropriate officer of the charity at the time when the benefit is paid shall be a complete discharge to my Trustees for the legacy given to it; and if any charity to which any benefit is given changes its name or constitution or amalgamates with any other charity then the renamed or reconstituted or amalgamated charity shall, if in the opinion of my Trustees it has the same or similar objects to those of the original charity, be entitled to receive the benefit given to the original charity.

 

 

XIII: SEPARABILITY

 

I direct that no part of this Will be invalidated by a court unless competent in Sunni Shari’a Muslim Islamic Law. If any part of this Will is determined invalid by a court the other parts shall remain valid and enforceable.

 

 

XIV: SIGNATURE & WITNESSES

 

I subscribe my name to this Will this day and do hereby declare that I sign and execute this instrument as my last Will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am of the age of majority or otherwise legally empowered to make a Will, and under no constraint or undue Influence.

 

Signed by the above named Testator in our presence and then signed by us as Witnesses in the Testators presence all of us being present at the same time:-

 

Signature of Testator

 

Signature of Witness 1

Name of Witness 1

Address of Witness 1

 

Signature of Witness 2

Name of Witness 2

Address of Witness 2

 

ISLAMIC WILL

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