Fatwa

Inheritance Laws

Fatwa #1602 Category: Inheritance Country: India Date: 19th September 2025
Fatwa #1602 Date: 19th September 2025
Category: Inheritance
Country: India

Question

As-salāmu alaykum wa-rahmatullāhi wa-barakātuh

Respected Ulama,
Hope & pray to almighty Allah ; this mail finds you in best shape of Life & Imaan.

Sorry to disturb you with similar query, in-case if this has already been answered; thanks to guide to the same.

QUERY:

  1. Is it mandate/compulsory to write a will/wasiyat?
  2. When & how should one write a  will/wasiyat
  3. Alhamdullilalh Im 40 and have a family (comprising of following members) a) how do I write a will/wasiyat. b) what will be their shares
    1. Mother
    2. Father
    3. Wife
    4. Son -1
    5. Son-2
    6. Brother -1 & his family (wife & kids)
    7. Brother -2 & his family (wife & kids)
    8. Sister -1
    9. Sister -2  & her family
    10. Others (uncle, aunts, cousins paternal & maternal)
  4. Can I secure some money for my wife & kids by gifting them in my life time ?

Please answer in the light of Quran & Ahadees ,  what will be the view / approach from taqwa point of view (ie approach/practice of pious people)

May Almighty accept the hard work you people do, bless you & and your family with Peace & Success in both the worlds.

Thank You

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

  1. Rasulullah Sallallahu Alaihi Wasallam said,

عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ رضى الله عنهما أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ: مَا حَقُّ امْرِئٍ مُسْلِمٍ لَهُ شَىْءٌ، يُوصِي فِيهِ يَبِيتُ لَيْلَتَيْنِ، إِلاَّ وَوَصِيَّتُهُ مَكْتُوبَةٌ عِنْدَهُ

Translation: “It is not permissible for a man who has something to will/bequeath to stay for two nights except that his last will and testament is written and kept ready by him.” (Bukhari – 2738)

Therefore, one must have his last will and testament ready as he does not know when death shall knock at his door.

  1. The following components are of extreme importance in a last will:
    1. Nomination of an executor/administrator
    2. A command to distribute the estate in the following order of priority:
      1. Discharge of funeral expenses
      2. Discharge of all debts
  • Discharge of all unfulfilled religious obligations such as Salah, Zakat, Sadaqatul Fitr, Sawm, Kaffarah, Hajj, Qurbaani, Vows/Oath Expiations, etc. (This shall be confined to a maximum of one third of the estate. Anything beyond that shall require the consent of all heirs and shall be a voluntary act from the heirs)
  1. Discharge of Wasiyyah (bequests) made in favor of an individual or charitable endeavor. The Wasiyyah shall be confined to one third of the estate, more than that cannot be bequeathed. The Wasiyyah cannot be made for an heir.
  2. Distribution of the remainder of the estate in accordance with Islamic laws of inheritance which shall be determined upon the demise of the testator by a reputable Islamic body.
  1. A list of one’s assets, property, cash, debtors, valuables, gold, silver, etc., which shall all form part of the estate. These would need to be updated as and when changes occur.
  2. A list of ones pending liabilities. This will include one’s creditors as well as pending religious obligations as explained above.

Kindly find attached (in the email) a template of the Final Will and Testament prepared by the Darul Iftaa.

  1. In terms of your own will,
    1. It is not necessary for you to write down the shares of your heirs. These shares will only be calculated upon your demise as the heirs may differ based on normal life and death within the family. May Allah protect us all.
    2. A general explanation is as follows for the family tree provided. Your parents, spouses and children will all inherit from you. Your siblings, uncles and cousins will not inherit from you due to the presence of your children. However, these laws can change depending on who lives and who dies. Therefore, an accurate calculation of shares is only possible upon actual demise.
  2. It is permissible to gift one’s property to others in one’s lifetime. The following conditions need to be kept in mind:
    1. Gifting requires an offer from the giftor, and an acceptance coupled with possession of the gifted item/asset by the giftee. If this condition is not found, the gift will not be valid. Possession means that the giftor relinquishes all rights over the gifted item and the giftee will now be deserving of all its income and liable for all its costs and expenses.
    2. If one decides to gift property to one’s children, it is necessary to do so equally. It is not permissible to deprive one child from their inheritance by gifting it away to another child. It is permissible to gift one child more if there is a genuine reason for doing so, for example, one child is very poor whereas the other is well off, or one child is disabled and unable to fend for himself. It is best to openly discuss with the children before doing so in order to avoid ill feelings in the family.
    3. It is permissible to gift anything to one’s spouse. It should be noted that once the spouse becomes the sole owner of the gifted item, in the event she passes away first, her inheritance shall be shared amongst her heirs, which shall also include her parents if they are alive.

In order to make informed decisions, we recommend visiting your local reputable Mufti or Darul Iftaa who shall gladly assist you further.

And Allah Ta’āla Knows Best

Mufti Bilal Pandor

Concurred by
Mufti Muhammad Patel

Darul Iftaa Mahmudiyyah
Lusaka, Zambia

www.daruliftaazambia.com