According to both Islamic Law and various Australian State and Federal Laws, you will need a Will to ensure the distribution of assets after your death is done in a manner according to your wishes. Current studies show that over 50% of Australians do not have a valid Will.

It is narrated by Abdullah bin Umar that the Prophet Muhammad (Peace Be Upon Him) said,

“It is not permissible for any Muslim who has something to bequest to stay for two nights without having his last Will and Testament written and kept ready with him.” (Sahih Bukhari)

“A man may do good deeds for seventy years, but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the Garden.” (Ahmad and lbn Majah)

In light of these and other Ahadith, it can be deduced that a Will (Wasiyah) is obligatory under the Islamic law.

An Islamic Will distributes your estate in accordance with the Mawarith (inheritance) schedule, being the set shares as stipulated in the Qur’an. The Will states your wish to be buried in accordance with Islamic principles. Further, in relation to your debts being paid from your estate prior to distribution, the Islamic Will also include payments of any outstanding obligations between yourself and Allah as a debt to be paid, such as outstanding zakat or expiations for unfulfilled oaths.

The Will also stipulates details of acceptable beneficiaries who can receive your estate as distributed in accordance with the Mawarith schedule, 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
• 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

The Islamic Will also incorporates the option to bequest a third 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 an individual wants to make a bequest, they can only bequest up to a third of their estate. The bequest can be made to a non-relative, aNon-Muslim or a charity/organisation.