What is Wasiyyah (Will) in Islam?
Wasiyyah, also known as a Will in Islam, allows Muslims to specify how they want to distribute a portion of their wealth (up to one-third) after their death. It reflects the specific wishes of the deceased within the framework of Islamic law. The term “Wasiyyah” comes from the Arabic root word “wasa,” which means to direct, instruct, or bequeath. In Islam, the primary purpose of a wasiyat is to ensure justice, settle debts, and fulfill religious obligations. Unlike conventional wills, a Wasiyyah follows specific Islamic guidelines. In Surah Al-Baqarah, Allah (SWT) says:
This verse emphasizes the importance of making a wasiyyah in Islam, especially for those who may not automatically inherit.
For comprehensive information about Inheritance in Islam, visit the following blog posts:
- Islamic Inheritance Laws: Rules, Heirs and Justice
- How to Calculate Inheritance in Islam?
- Empowering Women Through Inheritance: Their Rights in Islam
Executor (Wasi) of the Wasiyat
The executor (Wasi) of a wasiyyah ensures the fulfillment of the deceased’s wishes. The wasi settles debts, arranges funerals, and distributes the estate as instructed. It is important to choose a trustworthy and capable executor. The wasi should possess the following qualities:
- Trustworthiness to fulfil their duties honestly.
- Qualification in understanding Islamic inheritance laws.
- Impartiality, ensuring they remain neutral and do not favor any particular heir.
Hadith on Bequest (Wasiyyah) in Islam
Prophet Muhammad SAW) highlighted the significance of leaving a will. In a famous Hadith narrated by Hazrat Saad ibn Abi Waqqas (RA),
“The Prophet (SAW) visited me at Mecca while I was ill. I said (to him), “I have property; May I bequeath all my property in Allah Almighty’s Cause?” He (SAW) said, “No.” Then I said, “Half of it?” He (SAW) said, “No.” I said, “One-third of it?” He (SAW) 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 (SWT) may let you recover, so that some people may benefit from you and others be harmed by you.” [Sahih al-Bukhari 5354]
This Hadith guides us on the limit of bequeathing our wealth. The Prophet Muhammad (SAW) advised that we should not give more than one-third of our estate in a will. This ensures that the heirs receive the majority of the inheritance in accordance with Islamic inheritance laws.
Types of Wasiyyah (Islamic Bequest)
In Islam, there are several types of Wasiyyah (bequests) that a Muslim can include in their will to fulfill different purposes. Each type reflects an intention aligning with Islamic values, ensuring wealth is distributed justly and beneficially. Here’s a breakdown of the kinds of wasiyyah and their significance:
Charitable Wasiyyah (Sadaqah Jariyah)
Charitable bequests are one of the most significant forms of wasiyyah, allowing people to leave a portion of their wealth for ongoing charity. This form of charity benefits the deceased even after their death, as they continue to earn rewards. Common examples include funding the construction of mosques, schools, hospitals, or wells and supporting religious institutions or education.
Personal Bequests
Personal bequests instruct how to distribute wealth to individuals who are not automatically eligible to inherit under Islamic inheritance law. Therefore, these instructions provide a way to include others in the distribution. This could include non-inheriting relatives such as cousins or close friends who are not heirs under Shariah.
Example: A Muslim may wish to leave a legacy for a distant cousin who is not a direct heir under Islamic law, or they may want to give a portion of their wealth to a close friend who has been supportive throughout their life.
Wasiyat for Debts
Islam strongly emphasizes the fulfillment of debts. If a Muslim dies with outstanding debts, they should leave clear instructions for their debts to be paid from their estate. A bequest can be made to settle such debts before distributing the inheritance. The repayment of debts takes priority over fulfilling bequests or distributing the estate to heirs.
Example: A Muslim may instruct in their will to use a portion of their wealth to repay any outstanding loans or debts to individuals or financial institutions. Consequently, this ensures that unpaid obligations do not burden their souls after death.
Conditional Bequests
Conditional bequests are tied to specific conditions or events that may occur after the will-maker’s death. Particular events or conditions, such as the birth of a child or meeting specific requirements, trigger these. A wasiyyah in Islam ensures the honoring of these conditions after the will-maker passes.
Importance of Wasiyyah in Islam
In Islam, the wasiyyah (will or bequest) is essential as it aligns with the core principles of justice, charity, and fulfilling religious obligations. It ensures the fulfillment of religious obligations and promotes harmony among heirs. When we leave a wasiyyah, we can prevent disputes by providing clear instructions. In Surah An-Nisa, Allah (SWT) outlines the division of inheritance to ensure fairness and justice.
By making a bequest in Islam, we continue to perform good deeds, ensure ongoing charity, and fulfill debts. A well-made wasiyyah reflects our commitment to fairness and avoids injustices.
Islamic Will Rules
The following fundamental rules govern the creation of a wasiyyah in Islam:
Restrictions on Favoritism
In Islam, a will-maker cannot use the wasiyyah to favor anyone’s heir. Shariah law already prescribes the distribution of wealth among heirs and clearly outlines the shares for each rightful heir (such as children, spouses, and parents). Attempting to favor one heir over others through a wasiyyah would violate these rules and is not permitted.
You can also visit this link, Shares of all Heirs, to learn about the shares of all heirs in Inheritance.
Bequest for Non-Muslims
Under Shariah, non-Muslims are generally not permitted to inherit automatically from a Muslim’s inheritance. However, a Muslim can use the wasiyyah to bequeath a portion of their wealth to a non-Muslim friend, as long as it does not exceed the one-third limit. They may receive a portion of the estate through a way, provided it does not exceed the limit.
Witness Requirements
As specified in the Quran, Islamic wills must be witnessed by two trustworthy, just men. These witnesses ensure the will’s validity and prevent disputes regarding its authenticity or the will-maker’s intentions. Allah (SWT) says in the Quran;
Revoking or Changing a Bequest
Wasi can update or revoke their wasiyyah during their lifetime as long as they remain of sound mind and capable of making decisions. Circumstances such as changes in wealth, the birth of children, or shifting priorities may necessitate modifications to the will. The process involves writing a new wasiyyah or amending the original document, and it should be witnessed to ensure its validity.
Consequences of Not Leaving a Bequest
If a Muslim passes away without leaving a will (wasiyyah), Islamic inheritance laws will distribute the estate automatically to ensure that heirs receive their rightful shares. However, without a will, the deceased misses the opportunity to allocate wealth for charitable causes, non-inheriting relatives, or specific debts.
Conclusion: The Power of Wasiyyah in Shaping Your Legacy
The wasiyyah is more than just a legal document; it is a spiritual and moral duty. By making a thoughtful and fair wasiyat in Islam, we can ensure justice, promote harmony, and leave a lasting legacy based on Islamic principles. Encouraging us all to make a wasiyyah shows how this act contributes to a just and compassionate legacy, benefiting our loved ones and ourselves.
