Islamic Wills

We are able to offer an Islamic Will which incorporates the rules of Inheritance under Islam and which is recognised under Australian law.

If you would like to obtain an Islamic Will please complete your details in the Instruction Sheet below; which will then be forwarded to our Islamic Law team.

Islamic Will Application Form

FAQ’s - Frequently Asked Questions about Islamic Wills

It is narrated by Abdullah bin Umar that the Prophet Muhammad (saw) said, "It is not permissible for any Muslim who has something to will to stay for two nights without having his last Will and testament written and kept ready with him." (Sahih Bukhari)

It light of this hadith, common questions arise for Muslims residing in countries not governed under Shari’ah (Islamic Law), as to the validity of Islamic Wills under the governing law of the country in which they reside.

What is a Will?

A Will is a document which sets out what you want to happen to your assets after your death.

Your Will also states who is to be your executor. It is your executor who follows your wishes which are set out in your Will and generally look after your estate after you die.

Your Will details who you wish to leave something to and what you want to leave to them.

What happens if I do not have a Will?

If you do not have a Will you have no control over who inherits your assets after your death. The Wills Probate and Administration Act sets out a strict list of beneficiaries of an estate when someone dies without a Will. This strict list might not be what you want. It would not automatically distribute the assets in accordance with Islamic Principles.

How is an Islamic Will different to a Standard Australian Will?

An Islamic Will distributes your estate in accordance with the Mawarith schedule, being the set shares as stipulated in the Qur’an (Surah an-Nisa).

The Will states your wish to be buried in accordance with Islamic principles and provides details in relation to same.

Further, in relation to your debts being paid from your estate prior to distribution, the Islamic Will also includes payment of any outstanding obligations between yourself and Allah (swt) as a debt to be paid, such as outstanding zakat.

The Will also stipulates details of acceptable beneficiaries who can receive your estate as distributed in accordance with the Mawarith schedule. The Will also sets out further shari'ah aspects including but not limited to: the requirement that a beneficiary who is to receive part of your estate as calculated by the Mawarith schedule cannot be a Non-Muslim; or, to ensure that no part of your estate (not including a bequest), shall be inherited by a person whose claimed relationship to you is the result of a non-Islamic or unlawful marriage or through adoption.

The Islamic Will also incorporates the option to bequest 1/3 of your estate, prior to the estate being distributed amongst your surviving relatives in accordance with the Mawarith schedule. If an individual exercises their right not to make a specific bequest, their estate will be distributed solely in accordance with the Mawarith schedule. If however, an individual wants to make a bequest, they can only bequest up to 1/3 of their estate (pursuant to hadith). The bequest can be made to i.e., a non-relative, a Non-Muslim or a charity/organisation.

Can an Islamic Will be recognised under Australian Law?

Yes. A standard Australian Will generally distributes an estate in percentages to elected beneficiaries. The Islamic Will also distributes an estate in percentages to beneficiaries however, both the percentage and the beneficiaries are determined in accordance with Shari’ah and not by the discretion of the individual making the Will (but for the 1/3 bequest option as noted above).

It is therefore possible for Muslims residing in Australia to have a valid Will which is Shari’ah compliant and in accordance with Australian laws of inheritance.

Who should I appoint as my executor?

Your executor is the person who looks after your estate after you die. Your executor provides documents to your lawyers and signs documents, in accordance with your Will.

Your executor must be over 18 at the time you pass away. You can appoint anyone you like but it is recommended that your executor knows your family situation as they will be responsible for identifying which surviving family members can be possible beneficiaries under your Islamic Will.

You can appoint i.e. your spouse, children, other family member or friend to act as executor.

Why do I need to appoint more than one executor?

We have an option to appoint “back up” executors in case your first preference is not able to act as executor. You can have any number of “back up” executors however, it is normally sufficient to have up to 3 executors. You can always update your Will if you wish to change your executors in future.

How is my estate divided up under the Islamic Will?

The link below is to an inheritance calculator which is a useful guide as to how your estate may be divided up under the Islamic Will. [Please note that we do not in any way endorse the website in the link, nor do we guarantee the accuracy of the calculator. This is provided as a guide to assist you.]

Link to: www.islamicsoftware.org/irth/irth.html

How much does the Islamic Will cost?

We charge $330 (including GST) for a simple Islamic Will. If you are a couple and require two Islamic Wills then we are able to offer both Wills for husband and wife for $550 (including GST).

Has the Islamic Will been reviewed by any religious scholars?

Yes. The shari’ah component of this Will is based on work done in collaboration with Daar Aisha Shari’ah College.

It has also been reviewed by Imams from many Mosques throughout Wollongong and Sydney.