Wills, also known as wasiyyah, are recognized under Muslim law as a means for individuals to distribute their property and assets after their death. In Islam, making a will is considered a religious obligation, and failure to do so may result in disputes and hardship for surviving family members.
Under Muslim law, a will may be made by any adult who is of sound mind and who is not under duress or coercion. The will may be made in writing or orally, and it must be made in the presence of two witnesses who are of legal age and who are not beneficiaries of the will.
The will may cover a range of issues, including the distribution of property, the appointment of guardians for minor children, and the payment of debts and funeral expenses. The testator, or the person making the will, may distribute their property among their heirs according to their wishes, subject to certain limitations.
One of the key limitations on the distribution of property under Muslim law is the concept of ‘faraid’, which refers to the distribution of property according to Islamic inheritance laws. The faraid system sets out a specific framework for the distribution of property among the deceased’s heirs, based on the degree of their relationship to the deceased.
While the testator may make provisions for the distribution of their property that depart from the faraid system, they may not make provisions that are contrary to the principles of Islam or that result in injustice or harm to their heirs.
Once a will has been made, it may be revoked or amended at any time by the testator. However, any changes must be made in accordance with the formalities required for the initial making of the will, and the testator must be of sound mind and free from coercion.
