Understanding the Mandatory Aspect of Wills in Islam

Here's the process of drafting wills by Sharia law through the guidance provided by the Grand Mufti, who recently conducted a forum in Dubai.

In Islam, the act of drafting a will is not only highly recommended but can become an obligatory duty, particularly when trusts or other people's properties are involved, according to the Grand Mufti in Dubai. The Islamic Affairs and Charitable Activities Department (IACAD) in the Emirates recently organized a forum to elucidate the reasons behind writing wills and their impact on communities.

Dr. Mohammed Eyada Alkobaisi, the Grand Mufti at (IACAD), emphasized that writing a will becomes mandatory in cases where trusts and properties of others are involved without proper proof. In such instances, it becomes an obligation to draft a will specifying these liabilities to safeguard the rights of others.

The significance of writing wills is underscored by the words of Prophet Muhammad (Peace be upon him), who stated, "It is the duty of a Muslim who has something that is to be given as a bequest not to spend two nights without writing a will about it."

When it comes to the process of writing a will in accordance with Islamic law, Alkobaisi pointed out that there isn't a specific formula. However, he stressed the importance of including all necessary details to address pertinent issues.

Here are some key points:

Commence the will with the customary Islamic phrases, including Bismillah and praising Allah Almighty, followed by the two testimonies.
Clearly state the content of the will and what the person wishes to include.
Typically, the will encompasses moral and social advice for family, friends, and the wider Muslim community.
Having witnesses attend or sign the will is highly recommended to validate its authenticity and prevent potential disputes.

Regarding Sharia law, Dr. Alkobaisi clarified that a will can only involve up to one-third of the entire inheritance and must be designated to someone who is not an heir. If a will exceeds one-third, only one-third will be considered during execution, unless heirs unanimously agree otherwise. Additionally, if a will is made to an heir, it will not be executed unless the heirs collectively consent.

The Grand Mufti also highlighted that individuals can voluntarily write wills during their lifetime, allocating a portion of their money or property to be executed after their demise. This can also extend to specifying donations or allocating funds for a particular cause.

In case of disputes or denials, Dr. Alkobaisi emphasized that a will must be proven through legal proof as prescribed by Sharia law for execution. The recent forum organized by Iacad aimed to delve into the latest developments related to wills under Sharia commandments and revive the practice of writing wills within the community.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.