The importance of writing a will in Islam: Reflecting on faith and the future

For Muslims it is a deeply spiritual and highly recommended obligation to write a Will and in some legal jurisdictions, such as England & Wales, it is an absolute necessity to protect faith-based instructions. This ensures justice and fairness to those left behind and is one of the only ways to secure the continuation of good deeds after one's passing.

It is not just Muslims but the population generally where people delay or leave it too late to write a Will-they may assume it can get taken care of, or they are not proactive in finding out the legal consequences relevant to their own circumstances. Islam has made it obligatory for Muslims to engage in preparation for where and how their body, belongings and assets-even if it is £1 or a mobile phone. As such it is an essential part of planning for the hereafter to write a Will and Muslims are advised “not to let two nights pass without writing a Will [Sahih Bukhari]’’.

A Will not only serves as a means of distributing wealth but also allows Muslims to leave behind a legacy of goodness and charity. One of the most profound aspects of writing a Will is its potential to be a form of Sadaqah Jariyah (known as a perpetual and continuous charity).

Leaving a legacy is a key principle in Islam. Believers are encouraged to contribute positively to the world, both in their lifetime and beyond, and each pillar of faith encourages us to reflect on the legacy we are to leave behind. The Prophet Muhammad (peace be upon him) emphasised the importance of ensuring that one’s deeds continue to benefit others even after death.

One of the most well-known hadiths regarding one’s legacy states: "When a man dies, his deeds come to an end except for three things: ongoing charity (Sadaqah Jariyah), knowledge that is benefited from, and a righteous child who prays for him." [Sahih Muslim]

Writing a Will can play a crucial role in ensuring that one’s wealth is directed toward ongoing charitable causes, as the Sharia-compliant aspect of inheritance enables up to one third (or a sum not exceeding 33.33% of the estate) to be dedicated to Sadaqah Jariyah, allowing the rewards to persist and provide great results and meaningful impact.

Some of the key elements to note on the importance of writing a Will in Islam is that the Quran specifically commands believers to make arrangements for inheritance:

In Muslim-majority countries the relevant state laws will impose varying extents of the Quranic succession rules which are fixed shares for the eligible inheritors, with each share coming with its own set of terms and obligations to adhere to.

In Muslim-minority countries it is essential to work within the law of the land and seek expert support to ensure both the legal aspects of Will writing and the religious components can be fulfilled.

Within the jurisdiction of England and Wales there is full testamentary freedom, which means the state does not impose any fixed succession rules (unless there is no Will in place in which case, the Rules of Intestacy will apply). As such, it is not only a hugely rewarding opportunity to achieve the lasting legacy successfully through writing a Will, it is also one of the only ways to have peace of mind that your religious faith-based instructions have been accurately captured for those left behind and to fulfil charitable contributions for your own Sadaqah Jariyah.

One of the primary benefits of writing a Will, is that it prevents disputes among those left behind. In many cases, when a person passes away without a clear Will, confusion and conflict may arise among family members regarding inheritance. A well-documented professionally advised Will ensures clarity, minimising potential disagreements and ensuring that wealth is distributed according to Islamic principles to achieve the faith-based rewards.

Additionally, a Will allows for specific bequests to be made beyond the standard inheritance distribution, and this is where there is the greatest opportunity for legacy giving. This ensures that a person’s wealth benefits not only their family but also their community and the less fortunate, developing a long-term eco-system of giving and positive change towards alleviating poverty and injustice.

Given the religious and practical significance of writing a Will in Islam, it is essential to approach it with diligence and sincerity. Below are some practical steps to ensure that an Islamic Will is written correctly:

1. Understanding both Islamic inheritance laws and the legal requirements of the country where one resides is crucial. Including professional legal input in harmony with expert scholar input ensures that the Will is valid and compliant with both Islamic teachings and local laws.
2. Before writing a Will, one should review their assets, including properties, bank accounts, investments, and valuable possessions. At the same time, any outstanding debts and liabilities should be noted, as they will need to be settled before distributing the inheritance.
3. Islamic teaching has clear guidelines on inheritance distribution, ensuring fairness among heirs. While one third of the estate can be designated for specific bequests or charity, the remainder must be distributed according to Quranic injunctions.
4. Choosing a trustworthy executor to carry out the Will’s instructions is essential. This person should be knowledgeable about Islamic principles and committed to ensuring that the deceased’s wishes are fulfilled correctly, if there is a risk here, then serious consideration should be given to appointing a professional executor who can be independent and objective, to ensure the right pathway of distribution is followed but bear in mind that these may incur additional cost to the estate.
5. A Will provides an opportunity to leave a lasting impact through charitable giving. Whether supporting a charity, like Oxfam which has a dedicated Sharia-compliant Zakat fund, the aim of these acts of charity are to ensure that rewards continue even in the afterlife.
6. Life circumstances change and this can alter any applicable Sharia-compliant distribution, for Muslims they should be looking at their Wills annually to ensure all is well as to the named inheritors and on any updated calculations for Zakat or other religious components. A regular review is useful to reflect on any new financial situations, family additions, or charitable intentions.

Writing a Will in Islam is not just a financial decision but a deeply personal and faith-based spiritual, act covering multiple aspects to reflect on requiring responsibility, foresight, and concern for the well-being of loved ones and the broader community. By taking the time to prepare a Will, a Muslim believer fulfils an important religious duty, prevents disputes, and ensures that their wealth is used in ways that benefit others long after they are gone, the emphasis is on completing this as early as possible.

Furthermore, by incorporating Sadaqah Jariyah into a Will, you can leave behind a legacy of continuous charity, securing blessings and reward in the hereafter. Whether by supporting family, funding education, establishing a Waqf, or donating to causes like Oxfam, Will-writing becomes a powerful means of ongoing goodness.