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Legal “WILL”

The Importance of an Islamic Will

An Islamic will, as per the Quran, refers to the legal document through which a Muslim individual outlines the distribution of their assets and properties after their death in accordance with Islamic law, known as Sharia. The Quran provides specific guidelines regarding inheritance and the division of assets among heirs, and an Islamic will ensures that these principles are followed.

The Quran lays down detailed rules for inheritance in several verses, primarily in Surah An-Nisa (Chapter 4), verses 11-14. These verses establish the shares of inheritance for various categories of heirs, including spouses, children, parents, and other relatives. The distribution of inheritance is based on fixed proportions allocated to each category of heirs, ensuring fairness and equity in the division of assets.

An Islamic will as per the Quran serves to promote fairness, equity, and familial responsibility in the distribution of assets, reflecting the values and principles outlined in the divine guidance of Islam.

Principles Guiding an Islamic Will:

  • Sharia Compliance: Central to the drafting of an Islamic will is adherence to the principles of Islamic law. This entails following the specific guidelines laid out in the Quran and Sunnah regarding the allocation of inheritance, shares to different categories of heirs, ensuring that the distribution is in accordance with Islamic jurisprudence.
  • Equity and Fairness: Islamic inheritance laws prioritize fairness and equity in the distribution of wealth among heirs. An Islamic will should reflect these principles, striving to allocate assets in a manner that addresses the needs and entitlements of all beneficiaries, regardless of gender or status.
  • Appointment of Executors: It is common practice in Islamic wills to designate an executor, known as a "wasi," responsible for executing the instructions outlined in the will. The executor's role includes overseeing the distribution of assets, settling outstanding debts, and ensuring compliance with the terms of the will.
  • Charitable Provisions: Islamic law permits individuals to allocate a portion of their wealth for charitable purposes in their wills. These charitable bequests, known as "sadaqah jariyah," allow individuals to support philanthropic causes that align with their values and beliefs, thereby leaving behind a lasting legacy of benevolence.
  • Debt Settlement: An Islamic will may include provisions for settling any outstanding debts (personal as well religious) or financial obligations owed by the deceased. This ensures that creditors are duly compensated from the deceased's estate before the distribution of assets to heirs, thereby fulfilling the Islamic principle of honoring financial obligations.

Importance of Drafting an Islamic Will:

  • Religious Obligations: For Muslims, drafting an Islamic will is considered a religious obligation, as it ensures that one's wealth is distributed in accordance with the divine guidance of Islam. By preparing a will, individuals fulfill their duty to provide for their families and uphold the rights of their heirs as prescribed by Islamic law.
  • Family Harmony: An Islamic will plays a pivotal role in preserving family harmony and preventing potential disputes among heirs. By clearly delineating the distribution of assets and addressing any contentious issues, the will promotes unity and cohesion within the family, even in the aftermath of a loved one's passing.
  • Protection of Rights: Through the meticulous drafting of an Islamic will, individuals safeguard the rights of their heirs, ensuring that each beneficiary receives their rightful share of the inheritance. This commitment to justice and equity helps mitigate the risk of injustice and resentment among family members, fostering a sense of fairness and mutual respect.

Seminars and Workshops:

The not-for-profit team continues organizing seminars and workshops aimed at increasing community awareness regarding the significance of maintaining an updated legal “will.” These sessions will cover:
  • The significance of a legal "will"
  • Components of a legal "will"
  • Beneficiaries covered by a legal "will"
  • The responsibilities of the executor
  • Implementation of the "will"
  • The legal process involved in preparing the "will"
  • Heirs in accordance with a legal "will"
  • Allocation of the deceased's assets
  • The importance of a death certificate
In conclusion, the drafting of an Islamic will is not merely a legal formality but a profound expression of religious devotion and familial responsibility. By adhering to the principles of Sharia law and preparing a will that reflects Islamic values, individuals can uphold their religious obligations, preserve family harmony, and safeguard the rights of their heirs. In doing so, they leave behind a legacy of integrity, compassion, and adherence to divine guidance for generations to come.