The Will as Prescribed in the Sharee'ah

The encouragement to write a will is found in the noble Prophetic Sunnah. He said, "It is not fitting for any Muslim who has something to include in a will that he remains for two nights except that his will is written and kept with him." [1]

Ibn 'Umar (radiyAllahu 'anhumaa) said, "No night has passed me by since I heard Allah's Messenger say that except that my will was with me." [2]

The person making a will should do the following:

1. To include in the will those relatives who do not inherit from him.  

2. That he only bequeaths one third of his wealth or less in his will, it is not permissible to bequeath more than that.  

3. He should have as witnesses two just Muslims.  

4. As regards bequeathing in the will for those who inherit from him, then that is not allowed.  

5. It is also forbidden to use the will to cause harm and oppression, for example deliberately depriving some, or preferring some children to others, etc.

6. Since a large number of people are overcome by innovation in the Deen these days, particularly with regard to funerals, then it is a duty upon the Muslim that he orders in his will that he should be prepared for burial and buried upon the Sunnah.

This is the text of a will as prescribed in the Sharee'ah: [3]

In the name of Allah, the Most Merciful, the Bestower of Mercy.

This is the will of _____________ that he testifies that none has the right to be worshipped but Allah Alone, having no partner, and that Muhammad is His Slave and Messenger, and that Allah will resurrect those in the graves. I advise my family to fear Allah and to keep up ties of relationship, and that they obey Allah and His Messenger. I enjoin upon you that which Ibrahim enjoined upon his sons and as did Ya'qoob:

“And this (submission to Allah, Islaam) was enjoined by Ibrahim upon his sons and by Ya'qoob, (saying), "O my sons! Allah has chosen for you the (true) religion, then die not except in the Faith of Islam (as Muslims - Islamic Monotheism).” [Surah Al-Baqarah (2):132]

I enjoin upon you that which the Messenger of Allah enjoined upon his Ummah, "...The Prayer... the Prayer." And I hope that Allah will guide you to acting in a manner that will lead to my comfort, merciful treatment and to my Lord being pleased with me. So it is upon you to implement my will as follows:

1. That I should be attended when dying by some of the people of knowledge and piety, so that they remind me to have good thoughts about my Lord, and to hope for His mercy and forgiveness.

2. That they remind me of the word of Tawheed (laa ilaaha illAllah) from time to time.  

3. When my soul departs then let them close my eyes and supplicate good for me and hasten to prepare me for the burial and to bury me according to the Sunnah of the Prophet.

4. That raising the voice, wailing, lamenting, striking the cheeks and calling out with the calls of ignorance is to be forbidden.  

5. That encouraging me to say the 'shahaadah' after I have died be totally prevented.

6. That henna should not be sprinkled in the grave, nor should any, pillow or the like be placed beneath my head.  

7. That condolences should only be given upon the first meeting with the family of the deceased. 

8. That those things which have become common, reciting the Qur'an over the dead during the funeral preparations, or on the day of Jumu'ah, or after forty days, and other innovations, all this is to be prevented.  

9. Along with this I bequeath the following amounts of money ____________ and _____________ from my wealth to

be given to the needy from those who are relatives, the orphans and the poor and I make this particular to those who act in accordance with the pure Sunnah.

I further bequeath the amount of ___________ from my wealth to be placed in the care of ___________ so as to be spent upon works for admonishment and guidance, and for the establishment of the rites and practices of the Sharee'ah, and I have left the decision as to when and where it is to be spent with __________.

I also give the following books to the students of knowledge ___________.

I declare myself free before Allah, the Most High, from every action, and every saying which conflicts with the way of the noble Messenger.

This is my will[4] which I have laid out.

"Then whoever changes the bequest after hearing it, the sin shall be on those who make the change. Truly, Allah is All-Hearer, All-Knower." [Surah Al-Baqarah (2):181]

I ask Allah that He guides me and all the Muslims and grants them that which is correct, a good end, and death upon the word 'La ilaaha illallah' (None has the right to be worshipped except Allah).

“Glorified be your Lord, the Lord of Honour and Power! (He is free) from what they attribute to Him! And peace be on the Messengers! And all praise and thanks be to Allah, Lord of the Aalameen (mankind, jinn and all that exists).”

Dated: ...............

The year: ...... H

Witness: ............................

Witness: ............................

Signature (Testator) of the one leaving the will: .............