Are we allowed to write last wills and testaments?

My parents are thinking of writing a last will, etc. So, it got me wondering about what Islam has to say about this.

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7 Responses to “Are we allowed to write last wills and testaments?”

  1. Student Of Knowledge Says:

    Peace..

    Yes, it is highly recommended to right a will as Allah says " It is decreed for you that if death should come to any of you, that it is best he leaves a will for his family and relatives according to recognized norms. This is a truth for the righteous"[2:180]

    There are certain Rules which MUST be following when writing the will…

    The Glorious Qur’an contains specific and detailed guidance regarding the division of the inherited wealth, among the rightful beneficiaries.

    The Qur’anic verses that contain guidance regarding inheritance are:

    * Surah Baqarah, chapter 2 verse 180,chapter 2 verse 240,Surah Nisa, chapter 4 verse 7-9,chapter 4 verse 19,Chapter 4 verse 33 and chapter 5 verse 106-108

    People usually ask Why is a woman’s share of the inherited wealth only half that of a mans?

    There are three verses in the Qur’an that broadly describe the share of close relatives i.e. Surah Nisah chapter 4 verses 11, 12 and 176. The translation of these verses are as follows:

    "Allah (swt) (thus) directs you as regards your children’s (inheritance): to the male, a portion equal to that of two females, if only daughters, two or more, their share is two-thirds of the inheritance; If only one, her share is a half.

    For parents, a sixth share of the inheritance to each, if the deceased left children; If no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth.(The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-Knowing, All-Wise.

    In what your wives leave, your share is half. If they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts. In wat ye leave, their share is a fourth, if ye leave no child; but if ye leave a child, they get an eight; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus it is ordained by Allah; and Allah is All-Knowing Most Forbearing"[Al-Qur’an 4:11-12]

    "They ask thee for a legal decision. Say: Allah directs (them) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance. If (such a deceased was) a woman who left no child, Her brother takes her inheritance. If there are two sisters, they shall have two thirds of the inheritance (between them). If there are brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah (swt) makes clear to you (His knowledge of all things). [Al-Qur’an 4:176]

    In most of the cases, a woman inherits half of what her male counterpart inherits. However, this is not always the case. In case the deceased has left no ascendant or descendent but has left the uterine brother and sister, each of the two inherit one sixth. If the deceased has left children, both parents, mother&father get an equal share&inherit one sixth each. In certain cases, a woman can also inherit a share that is double that of the male. If the deceased is a woman who has left no children, brothers or sisters and is survived only by her husband, mother and father, the husband inherits half the property while the mother inherits one third and the father the remaining one sixth. In this particular case, the mother inherits a share that is double that of the father. It is true that as a general rule, in most cases, the female inherits a share that is half that of the male. For instance in the following cases:

    1. daughter inherits half of what the son inherits
    2. wife inherits 1/8th and husband 1/4th if the deceased has no children.
    3. Wife inherits 1/4th and husband 1/2 if the deceased has children
    4. If the deceased has no ascendant or descendent, the sister inherits a share that is half that of the brother.

    In Islam a woman has no financial obligation&the economical responsibility lies on the shoulders of the man. Before a woman is married it is the duty of the father or brother to look after the lodging, boarding, clothing and other financial requirements of the woman. After she is married it is the duty of the husband or the son. Islam holds the man financially responsible for fulfilling the needs of his family. In order to do be able to fulfill the responsibility the men get double the share of the inheritance. For example, if a man dies leaving about Rs. One Hundred and Fifty Thousand, for the children (i.e one son and one daughter) the son inherits One Hundred Thousand rupees&the daughter only Fifty Thousand rupees. Out of the one hundred thousand which the son inherits, as his duty towards his family, he may have to spend on them almost the entire amount or say about eighty thousand&thus he has a small percentage of inheritance, say about twenty thousand, left for himself. On the other hand, the daughter, who inherits fifty thousand is not bound to spend a single penny on anybody. She can keep the entire amount for herself. Would you prefer inheriting one hundred thousand rupees&spending eighty thousand from it, or inheriting fifty thousand rupees&having the entire amount to yourself?

    You must show your parents the chapters as they will be questioned on The Day Of Judgement IF they did injustice.

    Peace

  2. amdoo Says:

    yeaaaaaaaaaaaaaaaaaaaaaaaa u can sara

  3. fnk Says:

    They can write a will but the children have the right to the parents property either way

  4. MUhammed K Says:

    2:180 It is decreed for you that if death should come to any of you, that it is best he leaves a will for his family and relatives according to recognized norms. This is a truth for the righteous.

    The sectarian teachings claim that this verse was abrogated by hadith stating, "there is no more leaving inheritance through will for relatives." Prophet Muhammad will complain about those who have traded the Quran with fabricated hadith (25:30).

    4:11 God directs you regarding the inheritance of your children, "To the male shall be as that given to two females. If they are only females and more than two, then they will have two thirds of what is inherited. If there is only one female, then she will have one-half, and to his parents each one of them one sixth of what is inherited if he has children. If he has no children and his parents are the heirs, then to his mother is one third; if he has siblings then to his mother is one sixth. All after a will is carried through or a debt. Your parents and your children, you do not know which is closer to you in benefit, a directive from God, God is Knowledgeable, Wise."

    [4:12] You get half of what your wives leave behind, if they had no children. If they had children, you get one-fourth of what they leave. All this, after fulfilling any will they had left, and after paying off all debts. They get one-fourth of what you leave behind, if you had no children. If you had children, they get one-eighth of what you bequeath. All this, after fulfilling any will you had left, and after paying off all debts. If the deceased man or woman was a loner, and leaves two siblings, male or female, each of them gets one-sixth of the inheritance. If there are more siblings, then they equally share one-third of the inheritance. All this, after fulfilling any will, and after paying off all debts, so that no one is hurt. This is a will decreed by GOD. GOD is Omniscient, Clement.

    In this and following verses and from 2:180 we learn that priority is given to the will in the distribution of inheritance. According to these verses, first the debt is paid and the distribution according to the will is fulfilled. This Quranic rule allows the testator and the testatrix to adjust their will depending on specific conditions and needs of the inheritors or other personal issues. For instance, one may leave more inheritance to a daughter whom might be more in need than the others might. The testator or the testatrix might leave more to someone who is sick or handicapped. The Quran, by giving precedence to the will over the default distribution provides flexibility and thus accommodates special circumstances. Unfortunately, unable to comprehend the wisdom behind this divine arrangement, the followers of hadith and sunna have abrogated these verses via hadith fabrications and sectarian rules and thereby have deprived the so-called Muslims from Allah Rahman’s mercy.

  5. johnny b Says:

    Allah has made it obligatory upon the muslim to write their wills, and if you dont do it then you are disobeying allah

  6. ᵰβ○○ Ϟααґѳση Says:

    Yes, but it has to be in accordance with Islaam. I recommend getting the book:

    Islaamic Will and Testament Booklet (only $1.99 USD before shipping)
    http://www.troid.org/store/product.php?productid=17787&cat=0&page=1

    or

    The Inevitable Journey 2, Inheritance – Regulations & Exhortations
    (A "Full Version" Book with more detailed information, Also includes the ‘Islaamic Will and Testament Booklet’ )
    http://www.troid.org/store/product.php?productid=16238&cat=0&page=1

  7. Wazeer the Unity fan Says:

    Assalamualaikum

    From what I’ve heard we are allowed to write wills and testaments as long as it’s within the fiqh of Islam. Here is an excellent document which is a blank Islamic Will from ISNA in PDF for download/printing which you can give to your parents to have a look at
    http://www.jannah.org/articles/will.pdf

    Also the following scholarly article explains more on what an Islamic will entails:
    http://www.jannah.org/articles/will.html