Introduction: Beyond the Deathbed

For most cultures and nations worldwide, the "Last Will and Testament" is viewed as the primary indication regarding how a deceased person's estate will be distributed among their heirs. Films illustrate instances of individuals leaving their entire estate to one of their many legal heirs, or even to charities or nonprofits, excluding all the remaining heirs from receiving anything from the estate at all.

Islam, however, has rules that give a person the opportunity to act as a generous figure with respect to their Will (Wasiyat) while also protecting the rights of his/her family from receiving an equal distribution of what is rightfully theirs based on the Islamic principle of Miras (Inheritance). Therefore, it is important for all Muslims to understand both how to be a generous figure through a Will but also what their family's rights are under Islamic law regarding inheritance after their death, so they can die with peace of mind knowing that they treated their family adequately and according to the teachings of Islam.

The Difference Between Wasiyat and Miras

To put a proper blog together about this topic, we must first clarify our terminology.

Miras (Inheritance) - The automatic distribution of your wealth between your rightful heirs (parents/spouse/children etc.) by the Quranic law. The allocation of shares for all heirs cannot be altered.

Wasiyat (Will) - Voluntary instruction from a person directing what portion of their wealth or assets will go to someone who isn't a legal heir, or to charity.

The "One-Third" Rule Limit 

Islam has an important principle regarding wills: one-third of your estate can be gifted by will. The Prophet Muhammad (PBUH) stated that the maximum allowable amount to be gifted by will is 33% of your total assets. The remaining 66% of your estate will be subject to distribution among your legal heirs as per Sharia law. This provision was implemented to ensure that a deceased person does not leave their immediate family impoverished or homeless through an emotional decision made by the person at the time of the will.

Who Can Receive a Will?

In Islamic Law, there is a well-known principle called "An heir has no will." This means you cannot write a will to leave money to your favourite son or daughter as will they receive a share from their inheritance. A will is used for things such as: 

• The grandchildren of deceased children(friends) who will not inherit due to their parent's deceased status

• Friends and family who are not legal heirs 

• Charitable organisations, mosques, hospitals, schools 

• Adopted or non-muslim children

Order of Distribution

When a Muslim dies, his assets do not go to family and friends right away; there’s a certain order in which things must be done:

Funeral Expenses: Before anything else, the funeral expenses must be paid.

Debts: Next, all worldly debts (ie: loans, unpaid Mahr, business liabilities) must also be paid.

Will (Wasiyat): A will shall only be acted upon after paying off all debts (ie: up to 1/3 of the remaining estate after settling all bills).

Inheritance: Finally, all remaining funds will be distributed to the heirs.

Common Mistakes Families Make

Families often make several critical errors when they draft their wills in direct opposition to Shari’ah law. For example, a father might state in his will, "I give my house to only my eldest son." Unless all the other heirs agree to this gift after the father passes away (which are his other children and their mother) under Shari'ah law, this statement is not valid, and the house would need to be distributed according to the Quranic shares, if even one of the heirs disagreed.