{"id":54218,"date":"2023-03-31T15:17:54","date_gmt":"2023-03-31T09:47:54","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=54218"},"modified":"2023-03-31T17:33:48","modified_gmt":"2023-03-31T12:03:48","slug":"muslim-wills-9-important-points-on-wills-islamic-laws","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/muslim-wills-9-important-points-on-wills-islamic-laws\/","title":{"rendered":"Muslim Wills: 9 Important Points on Wills &#038; Islamic Laws"},"content":{"rendered":"\n<p>In\nIslamic law, a will is a legal document that outlines how a person&#8217;s assets should be distributed after\ndeath. It is a crucial aspect of estate planning for Muslims, as it helps\nensure that their assets are distributed according to their wishes and in\ncompliance with Islamic principles.<\/p>\n\n\n\n<p>According to Islamic law, a Muslim&#8217;s Will should meet\ncertain requirements in order to be considered valid. These requirements\ninclude:<\/p>\n\n\n\n<ol><li>The\nwill must be made voluntarily by a person who is of sound mind and capable of\nmaking their own decisions.<\/li><li>The\nwill must be in writing, signed by the testator (the person making the will)\nand witnessed by two witnesses who are also Muslim and of sound mind.<\/li><li>The\nwill must specify the exact distribution of the testator&#8217;s assets, including\nany debts or obligations that need to be fulfilled.<\/li><li>The\nwill should not contradict any Islamic laws or principles, and should be\nconsistent with the Qur&#8217;an and the teachings of the Prophet Muhammad (peace be\nupon him).<\/li><\/ol>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_82_2 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title ez-toc-toggle\" style=\"cursor:pointer\">Page Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 eztoc-toggle-hide-by-default' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/corpbiz.io\/learning\/muslim-wills-9-important-points-on-wills-islamic-laws\/#How_Are_The_Assets_Distributed\" >How Are The Assets Distributed?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/corpbiz.io\/learning\/muslim-wills-9-important-points-on-wills-islamic-laws\/#What_Are_The_Important_Highlights_Of_The_Islamic_Will\" >What Are The Important Highlights Of The Islamic Will?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/corpbiz.io\/learning\/muslim-wills-9-important-points-on-wills-islamic-laws\/#Muslim_Wills_The_Indian_Notion\" >Muslim Wills: The Indian Notion<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/corpbiz.io\/learning\/muslim-wills-9-important-points-on-wills-islamic-laws\/#Conclusion\" >Conclusion<\/a><\/li><\/ul><\/nav><\/div>\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"How_Are_The_Assets_Distributed\"><\/span>How Are The Assets Distributed?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>In terms of distribution of assets, Islamic law has specific guidelines for how a Muslim&#8217;s estate should be divided. These guidelines vary depending on the relationship between the deceased and their <strong><a href=\"https:\/\/corpbiz.io\/legal-heir-certificate\">heirs<\/a><\/strong>, but generally follow the following principles:<\/p>\n\n\n\n<ol><li>A\nMuslim can only distribute up to one-third of their assets through their will,\nand the remaining two-thirds must be distributed according to the rules of\ninheritance outlined in Islamic law.<\/li><li>The\nheirs of a Muslim are determined by blood ties and include spouses, children,\nparents, siblings, and other close relatives. Each heir is entitled to a\nspecific share of the estate based on their relationship to the deceased.<\/li><li>In\ncases where there are no heirs, or the heirs are unable to claim their\ninheritance, the remaining assets will be distributed to charity or other\ndeserving individuals.<\/li><\/ol>\n\n\n\n<p>Overall,\nMuslim wills serve as a valuable tool for ensuring that a Muslim&#8217;s assets are\ndistributed according to their wishes and in compliance with Islamic\nprinciples. By following Islamic law guidelines, Muslims can ensure their\nestate is distributed fairly and justly.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"What_Are_The_Important_Highlights_Of_The_Islamic_Will\"><\/span>What Are The Important Highlights Of The Islamic Will?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>In general consideration, following are the important\npoints which highlight the important mentions of Islamic wills:<\/p>\n\n\n\n<ol><li>In\nIslam, making a will is considered to be a religious duty for Muslims who own\nassets and property.<\/li><li>The\nwill, also known as a &#8220;wasiyah,&#8221; is a legal document that outlines\nhow a person&#8217;s assets and property will be distributed after their death\naccording to Islamic laws.<\/li><li>The\nIslamic law of inheritance, known as &#8220;faraid,&#8221; governs the\ndistribution of a deceased person&#8217;s assets among their heirs.<\/li><li>In\nIslamic law, certain relatives are entitled to a share of the deceased person&#8217;s\nestate. These include children, parents, siblings, spouses, and grandparents.<\/li><li>A\nMuslim can distribute up to one-third of their assets to people or causes\noutside of their heirs through a will. This is known as a &#8220;bequest&#8221;\nor &#8220;wasilah.&#8221;<\/li><li>A\nwill can only be executed after the person&#8217;s death, and it must be witnessed by\ntwo adult Muslims who are sane and not beneficiaries of the will.<\/li><li>The\nperson making the will (the testator) must be of sound mind and free from any\nexternal pressure or coercion.<\/li><li>The\nwill can be changed or revoked at any time during the person&#8217;s lifetime as long\nas they are of sound mind.<\/li><li>It\nis recommended that a Muslim seek the advice of a knowledgeable Islamic scholar\nor lawyer when creating a will to ensure that it is in compliance with Islamic\nlaws and principles.<\/li><\/ol>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Muslim_Wills_The_Indian_Notion\"><\/span>Muslim Wills: The Indian Notion<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>Here are 9 important points on wills and Islamic laws\nin India:<\/p>\n\n\n\n<ol><li><strong>The Indian Succession Act, 1925<\/strong><sup><a class=\"text-primary\" href=\"https:\/\/www.indiacode.nic.in\/bitstream\/123456789\/2385\/1\/a1925-39.pdf\"><strong>[1]<\/strong><\/a><\/sup> governs the laws related to wills in India, including Islamic wills.<\/li><li>In India, Muslim wills are also known as &#8216;Wasiyyat&#8217;. Muslim personal law allows a person to dispose of one-third of their assets through their will, while the remaining two-thirds follow the rules of inheritance under Islamic law.<\/li><li>The person making the will, known as the testator, must be of sound mind, and the will must be in writing and signed by the testator in the presence of two witnesses.<\/li><li>The witnesses must also be Muslims and of sound mind.<\/li><li>The will must be specific and clear in terms of the distribution of assets and should not be against the Islamic principles.<\/li><li>The heirs of a Muslim in India are classified into two categories &#8211; Sharers and Residuary. Sharers are entitled to a specific share of the estate based on their relationship with the deceased, while the residuary are entitled to the remaining assets.<\/li><li>The Sharers include the spouse, children, parents, and other close relatives. The shares for each Sharer are determined by the Islamic laws of inheritance.<\/li><li>The residuary are those who are not considered Sharers, such as distant relatives or non-relatives. They are entitled to the remaining two-thirds of the estate, after the Sharers have received their shares.<\/li><li>If a Muslim dies intestate (without making a will), their estate will be distributed according to the Islamic laws of inheritance as applicable in India. It is important to note that inheritance rules under Islamic law may differ from those under other personal laws in India.<\/li><\/ol>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Conclusion\"><\/span>Conclusion<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>The authors of the constitution did not like the idea of justice without equality. Justice, liberty, equality, and fraternity are all interdependent with secularism.<br>However, Muslim individuals may choose to use Islamic law in their legal proceedings if they want to. The reassurance sought or given that a Uniform Civil Code will encapsulate the best aspects of all personal laws, rather than demanding that the Uniform Civil Code should grant citizens the best possible rights finds resonance with the idea that all secularism consists of equal status for all religions and can continue to include all facets of life. It is also recommended to consult with a qualified lawyer\/Advocate who has experience with Islamic laws in India to ensure that the process is carried out in a fair and legal manner. If you are looking to obtain a Will in Islamic law, our teams of experts are ready to guide you.<\/p>\n\n\n\n<p><strong>Also Read<\/strong>:<br><a href=\"https:\/\/corpbiz.io\/learning\/waqf-the-mohammaden-trusts-under-muslim-law\/\">Waqf \u2013 The Mohammaden Trusts Under Muslim Law<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>In Islamic law, a will is a legal document that outlines how a person&#8217;s assets should be distributed after death. It is a crucial aspect of estate planning for Muslims, as it helps ensure that their assets are distributed according to their wishes and in compliance with Islamic principles. According to Islamic law, a Muslim&#8217;s [&hellip;]<\/p>\n","protected":false},"author":35,"featured_media":54219,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[272],"tags":[3357],"acf":{"service_id":"220"},"authorName":"Karan Singh","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2022\/01\/processed-1-150x150.jpeg","authorDescription":"A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.","postViews":4492,"readingTime":4,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/54218"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/35"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=54218"}],"version-history":[{"count":3,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/54218\/revisions"}],"predecessor-version":[{"id":54245,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/54218\/revisions\/54245"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/54219"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=54218"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=54218"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=54218"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}