An Islamic Will comprises of several parts allowing the author (the testator) to provide guidance to family members and close friends after his/her death. This may include personal wishes and funeral instructions. It must also include details of any bequests (wasiyyah) and details of the inheritance (mirath).

The bequest is that part of the deceased estate that is distributed/gifted to non-heirs i.e. those not legally entitled by the Shariah, to inherit from the testator. A bequest cannot exceed a third of the deceased residual estate and neither can it be given to legal heirs. There are specific rules in the Shariah regarding bequests.

The Prophet ﷺ said: “Allaah was being generous to you when He allowed you to give one-third of your wealth (in charity) when you die, to increase your good deeds.” (Classed as hasan by Sheikh al-Albaani in Sahih Sunan Ibn Maajah, no. 2190) 

The inheritance is the part of the deceased estate that is distributed to legal heirs in accordance with the definite divisions detailed in the Shariah. The divisions are specified by Allah in the Holy Quran, and compliance with the shares is obligatory upon every Muslim. To be clear, the liberty given by non-Islamic legal systems, allowing the deceased to decide how the estate is divided or shared, is not allowed in Islam.

“Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable – a duty upon the righteous”  (Quran 2:180)