Islamic Wills
What is a Will?
A Will is a document that sets out your testamentary intention and comes into effect once you have passed away.
Within your Will, you also appoint your chosen executors (who will be distributing your assets in accordance with your Will), as well as your beneficiaries (who you will be leaving gifts to from your estate).
You can also specify other wishes in your Will including but not limited to: burial arrangements and/or a guardianship clause (who you want to appoint as the guardian of your infant children).
What happens if I do not have a Will?
If you do not have a valid Will, your estate will be distributed in accordance with the Rules of Intestacy, which is a specific hierarchy list of individuals based on their relationship to you. This may not be who you want to inherit from you.
We confirm that if you do not have a valid Will, your estate will not be distributed in accordance with the rules of Islamic inheritance (the Mawarith schedule).
Accordingly, if you want to have a shari’ah compliant Will in Australia, you must have an Islamic Will which sets out the distribution of your assets.
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.
What is an Executor?
Your executor is the person (or persons) who looks after your estate after you die. The role of your executor is to arrange all things necessary for your estate to be distributed to your beneficiaries, in accordance with your Will.
You have the option of choosing your appointed executor(s), however it is important to keep in mind that your executor must be over 18 at the time you pass away.
You can appoint an executor individually, or to work jointly with another. It is also recommended to appoint alternate executors, in the event that your first chosen executor is unable or unwilling to take on the role.
Islamic Will Fees
| Standard Islamic Will for an Individual | $550 (including GST) |
| 2 Standard Islamic Wills for a couple (Husband and Wife) | $880 (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.