A Will is a legal document that sets out an individual's wishes and instructions regarding the distribution of their assets and the management of their affairs after their death.

In Islam, the wealth of any individual is divided into two parts: Fara'id and the Wasiyyah. Fara'id represents two-thirds of the deceased's property and must be divided as per the Shari'a (Islamic Laws). The Wasiyyah is a part of your Will that you are free to allocate any way you see fit.

Muslims have a religious obligation whilst alive to ensure their property will be distributed according to Islamic law and ensure certain responsibilities be carried out after their death.

In Ontario, if a person dies without a Will, Islamic or otherwise, his or her property will be divided according to the rules set out in the Succession Law Reform Act.

Our blog outlining the requirements for a valid Will in Ontario (Formal or Holographic) can be found here.

Similar to a secular Will, an Islamic Will includes the following provisions:

  • Appointing an executor to manage your estate and distribute your estate after death;
  • Appointing a guardian to care for your children and manage their inheritance until they reach adulthood;
  • leaving assets from your estate to charitable causes or other family members; and
  • Specify any debts that must be paid upon your death.

An Islamic Will also includes provisions that specifically address:

  • Burial procedures;
  • Preferences regarding autopsy and organ donation;
  • Outstanding moral and religious obligations to be paid out of the estate;
  • Permissible bequests (Wasiyyah) of up to one-third of the estate in total; and
  • Division of assets according to Islamic inheritance rules.

Islamic Inheritance Rules (Generally)

The Fara'id is divided amongst three main types of heirs in Islam:

  1. Quota-heirs: entitled to specific shares (i.e., husband/wife, son, daughter, father, and mother);
  2. Residuaries: usually a combination of relatives that inherit as residuaries after the shares of the Quota-heirs is distributed (i.e., siblings, grandparents, nieces and nephews); and
  3. Extended family members: any blood relative who is not a quote-heir or a residuary (i.e., paternal and maternal aunts and uncles and their descendants)

The Fara'id separates inheritance into "fixed" and "variable" categories. Typically, fixed shares will be given to one's spouse and parents, with varying shares given to the children. The following is the inheritance percentage that each quota-heir receives:

  • The surviving husband gets one-half of the deceased's assets, or one-fourth of the assets if he has children;
  • The surviving wife receives one-fourth of the deceased's assets, or one-eighth of the assets if she has children;
  • One-sixth of a share will go to each of the deceased's parents.
  • If the deceased left behind children, sons and daughters will each receive a 2:1 share of the remaining assets.
    • The rationale being that the male's portion is given with the understanding that he will spend it on the entire family as needed. There are no such restrictions on a daughter's inheritance; and
  • The amount of a person's Wasiyyah cannot exceed one-third of their total possessions.

Conclusion

It is important to note that interpretations and practices of Islamic inheritance rules may differ across Islamic schools of thought and legal jurisdictions. Consultation with a qualified Islamic scholar in conjunction with a lawyer is advised to ensure proper application of these laws in specific cases.

Sources:

1. https://districts.ecourts.gov.in/sites/default/files/jcj%20palakondawrkshp1.pdf2

2. https://www.rhjdevonshire.co.uk/the-islamic-succession/

3. https://islamicinheritance.com/islamic-inheritance-guide/

4. https://www.islamicwillsusa.com/islamic-inheritance/

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.