Islamic Will Guide: Shariah Rulings & Benefits

Understanding Islamic Will (Wasiyyah): Rules, Types, and Quranic Guidance

What is a Will?

A will is the order or action of a deceased person that is carried out after their death. Allah says:
كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْأَقْرَبِينَ بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُتَّقِينَ (البقرۃ: 180)
Translation: It is prescribed for you that when death approaches any of you, if they leave behind wealth, they should make a will for their parents and relatives according to what is acceptable, a duty upon those who fear Allah.

Difference Between Will and Gift (Hiba):

A will is related to death, while a gift is given during one’s lifetime. Therefore, a will is enforced after death, while a gift takes effect during life. A gift is equally distributed, while a will can vary in its specifics.

Wisdom Behind a Will:

A person spends their life working hard and accumulating wealth. Upon their death, their heirs benefit from this wealth. Therefore, it is recommended that a person should make a will before death, encouraging their heirs to use the wealth in charitable or beneficial ways. It is indeed a blessing from Allah that the fulfillment of the will brings reward even after one’s death. Similarly, if there is a needy relative who is not a heir, the person should make a will to give something to them.

Ruling on Making a Will:

The ruling on making a will depends on five circumstances. If a person owes rights to others, such as debts, trusts, stolen property, zakat, or expiation, it is obligatory to make a will for these rights. Making a will for relatives (other than heirs) is recommended, such as for a needy relative or for charitable causes. Making a will for disobedience to Allah is prohibited, such as instructing one’s son to become a thief or ordering to build a shrine on one’s grave. If the heir is poor, it is disliked to make a will for a beggar. A will for a wealthy relative or a stranger is permissible.

When to Make a Will:

If a person is going on a distant journey, such as for Hajj or Umrah, or if they hold others’ trusts or rights, it is obligatory to make a will and keep it with a trustworthy person to ensure that the rights of others are not lost. No one knows when death will come. The Prophet ﷺ said:
ما حقُّ امِرئٍ مسلمٍ ، له شيءُ يُوصي فيه ، يَبِيتُ ليلتين إلا ووصيتُه مكتوبةٌ عندَه. (صحيح البخاري:2738)
Translation: It is not right for a Muslim who has something to bequeath to spend even two nights without having his will written and kept safe.
However, if there are no rights owed to anyone, it is not obligatory to make a will, but it is recommended. If one has wealth, it is better to make a will for good deeds so that one can gain reward after death. Keep in mind, the will cannot exceed one-third of one’s estate.

How to Write a Will:

Sheikh Ibn Baz (may Allah have mercy on him) outlined the way to write a will as follows:
“I, so-and-so, the person making the will, testify that there is no deity but Allah, He is One, and has no partners. Muhammad ﷺ is His servant and messenger. Jesus (Isa) ﷺ is His servant and messenger, and His word which He gave to Maryam (Mary). The Day of Judgment is true, and Hell and Heaven are true. The resurrection after death will happen, and there is no doubt about it. I advise all my family members to fear Allah, reconcile with each other, obey Allah and His messenger, and to enjoin each other to truth and patience. I advise them like Ibrahim ﷺ advised his son and Ya’qub ﷺ (Jacob) advised his children:
يَا بَنِيَّ إِنَّ اللّهَ اصْطَفَى لَكُمُ الدِّينَ فَلاَ تَمُوتُنَّ إَلاَّ وَأنتُم مُّسْلِمُونَ (البقرۃ: 132)
Translation: “O my children! Allah has chosen for you the religion, so do not die except as Muslims.”

Then, they may bequeath one-third of their wealth or less, or specify particular property, but it should not exceed one-third of the estate. They should also specify the lawful purposes or causes where the money should be spent, and may appoint a trustee for this purpose (Majalla al-Buhuth al-Islamiyyah: 33/111).

Two trustworthy witnesses should also be appointed, as Allah says:
يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِنْكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ (المائدة:106)
Translation: O you who have believed, testimony between you when death approaches any of you at the time of making a will, is two just men from among you or two others from outside of you.

After writing the will, it should be entrusted to a reliable person for safekeeping.

Conditions of a Will

A will has three conditions:
First Condition: The wealth involved in the will must be lawful (halal); otherwise, the will will not be valid. The Prophet ﷺ said:
إنَّ اللهَ طيِّبٌ لا يقبلُ إلا طيِّبًا (صحيح مسلم:1015)
Translation: Indeed, Allah is pure, and He only accepts what is pure.

Second Condition: The will must be for one-third of the estate or less; anything beyond that is not valid unless the heirs permit it. The Prophet ﷺ said:
عن ابنِ عباسٍ . قال : لو أنَّ الناسَ غضُّوا من الثلثِ إلى الربُعِ ، فإنَّ رسولَ اللهِ صلَّى اللهُ عليه وسلَّمَ قال :الثلثُ . والثلثُ كثيرٌ ۔ (صحيح مسلم:1629)
Translation: Ibn Abbas (RA) narrated that he said: If people reduced the amount of the will from one-third to one-fourth, it would be better. The Messenger of Allah ﷺ said: “One-third is enough, and one-third is a lot.”

Third Condition: The will must be for someone other than the heirs, as the Prophet ﷺ said:
إنَّ اللَّهَ قد أعطى كلَّ ذي حقٍّ حقَّهُ ألا لا وصيَّةَ لوارِثٍ (صحيح ابن ماجه:2211)
Translation: Allah has granted each rightful person their due right, so there should be no will for an heir.

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Types of Wills

A will can be related to two things: wealth and deeds.

1. Wealth-Related Will:
   One type of will concerning wealth is when a person has rights owed to others, such as debts, trusts, etc. They make a will to ensure these rights are fulfilled.
   The second type of wealth-related will is when someone bequeaths part of their estate (up to one-third) to a non-heir, for example, giving some wealth to a brother when a son is present.
   
2. Deed-Related Will:
   One type of deed-related will is tied to wealth. For instance, a person may make a will to spend their wealth after death on noble causes, such as building a mosque, establishing an orphanage, contributing to jihad, or distributing money to the poor.
   Another type of deed-related will, which does not involve money, could be making a will for one’s children or relatives to maintain regular prayers, practice piety, avoid shirk, and do other good deeds. This is a great type of will.
   

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The Greatest Will

The greatest will is to advise the worship of Allah, to warn against associating any partners with Him, to live a life of peace and reconciliation, to maintain regular prayers, give zakat, care for the poor, live according to the Sunnah, avoid innovations and superstitions, stay steadfast on faith, and call others to truth and patience. This will ensures continuous reward for the person who makes it, and others will continue to follow the path of goodness, leading to a better world and a blessed afterlife.

Allah’s command:
وَلَقَدْ وَصَّيْنَا الَّذِينَ أُوتُوا الْكِتَابَ مِنْ قَبْلِكُمْ وَإِيَّاكُمْ أَنِ اتَّقُوا اللَّهَ وَإِنْ تَكْفُرُوا فَإِنَّ لِلَّهِ مَا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْضِ وَكَانَ اللَّهُ غَنِّيًّا حَمِيدًا [النساء:131]
Translation: And indeed, We have enjoined those who were given the Scripture before you and you [too] to fear Allah. And if you disbelieve, then indeed, to Allah belongs whatever is in the heavens and whatever is on the earth, and ever is Allah, Free of need, Praiseworthy.

And Allah’s command:
وَوَصَّيْنَا الْإِنْسَانَ بِوَالِدَيْهِ إِحْسَانًا ۖ حَمَلَتْهُ أُمُّهُ كُرْهًا وَوَضَعَتْهُ كُرْهًا ۖ (الاحقاف : 15)
Translation: And We have enjoined upon man [care] for his parents. His mother carried him with hardship upon hardship, and his weaning is in two years. Be grateful to Me and to your parents; to Me is the [final] destination.

Here, Allah’s will to His servants is a command to act with kindness and gratitude.

Also, in the Quran, when Isa (AS) spoke while still in the cradle, he said:
وَجَعَلَنِي مُبَارَكًا أَيْنَ مَا كُنتُ وَأَوْصَانِي بِالصَّلَاةِ وَالزَّكَاةِ مَا دُمْتُ حَيًّا (مریم:31)
Translation: And He made me blessed wherever I may be, and He enjoined upon me prayer and zakat as long as I remain alive.

Similarly, Luqman (AS) gave advice to his son:
وَإِذْ قَالَ لُقْمَانُ لِابْنِهِ وَهُوَ يَعِظُهُ يَا بُنَيَّ لَا تُشْرِكْ بِاللَّهِ ۖ إِنَّ الشِّرْكَ لَظُلْمٌ عَظِيمٌ (لقمان:13)
Translation: And [recall] when Luqman said to his son while he was instructing him, “O my son, do not associate anything with Allah. Indeed, association with Him is a great injustice.”

The Will of Ibrahim (AS) and Ya’qub (AS) in the Quran:

The will of Ibrahim (AS) and Ya’qub (AS) for their children is mentioned in the Quran:
وَوَصَّى بِهَا إِبْرَاهِيمُ بَنِيهِ وَيَعْقُوبُ يَابَنِيَّ إِنَّ اللَّهَ اصْطَفَى لَكُمُ الدِّينَ فَلَا تَمُوتُنَّ إِلَّا وَأَنْتُمْ مُسْلِمُونَ ، أَمْ كُنْتُمْ شُهَدَاءَ إِذْ حَضَرَ يَعْقُوبَ الْمَوْتُ إِذْ قَالَ لِبَنِيهِ مَا تَعْبُدُونَ مِنْ بَعْدِي قَالُوا نَعْبُدُ إِلَهَكَ وَإِلَهَ آبَائِكَ إِبْرَاهِيمَ وَإِسْمَاعِيلَ وَإِسْحَاقَ إِلَهًا وَاحِدًا وَنَحْنُ لَهُ مُسْلِمُونَ [البقرة:132- 133].
Translation:
This was the will of Ibrahim and Ya’qub to their children: “O my children! Indeed, Allah has chosen for you this religion, so do not die except as Muslims.” Were you witnesses when death approached Ya’qub? When he said to his children, “What will you worship after me?” They said, “We will worship your God and the God of your forefathers, Ibrahim, Ismail, and Ishaq, one God, and to Him we are Muslims.”

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The Prophet’s (ﷺ) Will to His Ummah

The Prophet ﷺ also left many pieces of advice and wills for his Ummah. In his final moments, he repeatedly forbade turning graves into places of worship, and in his critical condition, he emphasized the importance of prayer. If only the Muslim Ummah followed the final will of the Prophet ﷺ! One of his most important pieces of advice was to follow the Book of Allah. In Sahih Bukhari and Sahih Muslim, Talhah ibn Masraf narrated that he asked Abdullah ibn Abi Awfa (RA):
هل كان النبيُّ صلى الله عليه وسلم أَوْصى ؟ فقال : لا . فقلتُ : كيف كَتَبَ على الناسِ الوصيةَ ، أو أُمِروا بالوصيةِ ؟ قال : أَوْصى بكتابِ اللهِ . (صحيح البخاري:2740)
Translation:
Did the Prophet ﷺ leave a will? He replied, “No.” I then asked, “How did people come to be obligated with a will or a command to make one?” He replied, “The Prophet ﷺ commanded to follow the Book of Allah.”

Today, the majority of Muslims are involved in shirk and innovations. If people cease making shrines on graves and holding festivals there, and instead adopt the Book of Allah as their guide, then no Muslim will ever go astray, just as the Prophet ﷺ said: “If you hold fast to the Book of Allah and my Sunnah, you will never go astray.”

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Modification or Cancellation of a Will

If for some reason the person making the will wishes to change or cancel it, they have the right to modify or revoke the will, provided it is done justly and without injustice.

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Implementation of the Will

If the conditions of the will are met and there is no violation of Shariah, then after the death of the person, the heirs are obligated to implement the will. Anyone who neglects the will, alters it, or hides it will be considered a major sinner. Allah’s command is:
فَمَنْ بَدَّلَهُ بَعْدَ مَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ (البقرة:181)
Translation:
And whoever alters it after hearing it, the sin is only upon those who alter it. Indeed, Allah is All-Hearing, All-Knowing.

After this verse, Allah says:
فَمَنْ خَافَ مِن مُّوصٍ جَنَفًا أَوْ إِثْمًا فَأَصْلَحَ بَيْنَهُمْ فَلَا إِثْمَ عَلَيْهِ ۚ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ (البقرۃ: 182)
Translation:
But if someone fears from the testator some wrong or sin, and then they make reconciliation between them, there is no sin upon him. Indeed, Allah is Forgiving and Merciful.

By MAQUBOOL AHMAD SALAFI
Islamic Dawah Center, Northern Taif (Saudi Arabia)