To mark the launch of our Islamic Wills FAQs, the intention for this Master Thread is to bring the Islamic Wills conversation to the forum. This way, we can receive any enquiries you’ve not been able to get an answer to elsewhere.
So please do check out our Islamic Wills FAQs and Wills webpage and feel free to leave any questions here.
Assalaamualaikum Warahmatullahi Wabarakaatuh,
I was looking to leave a document with my IFG Will which lists the household items that I own or part own with my wife and that are of reasonable value, to make it easier for my executors to distribute my assets upon my death, for example computer, laptop etc.
If for instance me and my wife currently agreed that all the household items are owned 50-50 between us, does this need to be in writing, signed and witnessed?
And if one spouse dies, does the other spouse automatically completely own the household items now from a Sharii view? If not, what would be the way to allow the living spouse complete ownership of all the household items upon the other spouse’s death (if allowed of course)? As I know this cannot be a bequest in the Will as they would be an inheritor.
Jazaakallah Khair
Waalaikum asalaam WRWB Hamzah,
Jzk for getting in touch.
It is possible to leave bequests to Islamic inheritors (either as part of their inheritance share or separate to it, though the latter would require the consent of all other Islamic inheritors).
With regard to the sharia aspect of how household items are viewed under sharia - I’ve raised this enquiry with Mufti Bilal. Please email us at [email protected] and we’ll take things from there iA.
Assalamu alaykum,
I live in the US and would like to know if it is obligatory to go with an Islamic will or is it possible to go with a “secular” one that may not be shariah compliant in writing, but at the time of my death, my family would communicate amongst themselves and receive their shariah compliant share of any assets?
Im not fully sure how Islamic will is accepted in the States… but will iA try to find out - if you do know more about this, I look forward to hearing!
Jzk khyrun
Wasalam
In the US, I don’t think there is any issue with writing an Islamic will. Countries like the UK and the US are quite flexible when it comes to writing a will in general. Muslims in these countries should make the most out of such opportunity to follow the islamic rules of inheritance.
In France, it is impossible to write a valid Islamic will, because its the French law of inheritance that determines the shares of the heirs.
Salam Mufti
Alhamdulillah I was able to get a Last Will and Testament that is islamically compliant.
However, my attorney recommended I put my home into a revocable trust – I am planning on putting myself, my wife as co-trustees and upon my passing, my son would be the co trustee with survivorship … is it permissible to only keep my wife and son on the deed of the home (which is in the trust) and then have them divide monthly rental income to my heirs (currently 2 daughters, 1 father, e.g.)
we don’t plan to sell the home, and lawyer said having ~5 people on the deed could be a mess)…
Hope that makes sense.
Jzk for your efforts,
Hamza