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Importance of having an Islamic Will

The laws pertaining to inheritance and succession are considered to be among the most important aspects of Islamic Shariah law. Nabi (Sallallahu Alaihi Wasallam) said: 'It is not permissible for any Muslim who has a bequest to make, that he remains two nights without having a written (wasiyyah) bequest'. (Bukhari & Muslim)

 

It is imperative for a Muslim to draw up an Islamic Will especially when living in a country that upholds a secular law system. An Islamic Will is a necessary requirement that will allow the estate to be dissolved according to Islamic Law.

An Islamic Will shall ensure that the rightful heirs are allocated their shares according to the Qur'anic stipulation. By virtue of an Islamic Will the court of the land is obliged to implement Shariah law.

According to the Islamic Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs that do not exceed one-third (1/3) of the estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the Net Estate and will be distributed according to the Islamic Law of Succession and Inheritance.

Standard Islamic Wills and guidance regarding estate succession etc. can be obtained from our offices.

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