Planning Your Islamic Will: A Brief Guide by Salaam
Planning for the future is a vital part of financial and family responsibility. For Muslims, this includes not just this life but the Hereafter. It also means ensuring that the Will complies with Shari’ah principles and reflects both religious and legal obligations.
The Obligation of an Islamic Will for a Muslim
An Islamic Will (Wasiyyah) is more than a legal instrument. It is a duty prescribed in Islam’s foundational texts. The Qur’an and Sunnah repeatedly emphasise the importance of preparing a Will:
"It is prescribed for you, when death approaches any of you, if he leaves wealth, that he makes a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon the righteous."
- Surah Al-Baqarah, 2:180
"It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him."
- Sahih al-Bukhari
Key Features of an Islamic Will
Unlike standard Wills, an Islamic Will must follow the Qur’an’s specific allocation of shares to heirs. These fixed shares — outlined in Surah An-Nisa (4:11–12) — prioritise spouses, children, and parents in a way that reflects fairness, the responsibilities of surviving family members, and divine wisdom.
An Islamic Will permits you to allocate up to one-third of your estate to non-heirs. This may include charitable causes, friends, stepchildren, or other family members. The Prophet ﷺ advised:
"One-third, and one-third is a lot. It is better to leave your heirs rich than to leave them dependent." (Sahih al-Bukhari)
Before distributing an estate, all debts must be cleared, including unpaid zakat, mahr, kaffarat (expiations), and even unperformed Hajj. The Prophet ﷺ said:
"The believer’s soul is held back by his debt until it is paid off." (Sunan Ibn Majah)
An Islamic Will can incorporate these obligations while complying with Australian probate and administration requirements.
Summary of Key Differences from a Standard Will
Unlike standard Wills that allow full discretion, Islamic Wills allocate wealth according to fixed Qur’anic shares.
You may only allocate up to one-third of your estate outside the obligatory shares.
Greater emphasis is placed on paying debts and fulfilling religious dues.
An Islamic Will is not just legal. It is an act of worship and fulfils social justice.
Next Steps
If you’re looking to create a Will that aligns with Islamic principles, we recommend starting with Muslim Wills — a trusted service dedicated to helping Muslims prepare Shariah-compliant Wills. For more complex situations, we’ve carefully selected the law firms listed below to support your needs. A lawyer typically charges between $600–$1,500 for a custom Muslim Will, depending on the complexity of your estate. Whether simple or detailed, ensure your Will is both legally valid and spiritually fulfilling. Visit MuslimWills to get started.
Muslim Lawyers selected by Salaam
LawBridge Sydney Office
Suite 18.02, Level 18, 109 Pitt Street Sydney, NSW 2000
(02) 3821 1112
https://lawbridge.com.au/
LawBridge Chullora Office
Building 3, 20 Worth Street, Chullora, NSW 2190
(02) 3816 2222
https://lawbridge.com.au/
Birchgrove Legal
Hyde Park Towers, Ground Floor S.2, 148A Elizabeth St Sydney, NSW 2000
(02) 9018 1067
https://birchgrovelegal.com.au/
Suite 71/3 Albert Coates Lane, Melbourne VIC 3000
(03) 4051 3333
https://lawbridge.com.au/