Islamic Wills - Frequently Asked Questions

Questions about making an Islamic Will? Check out our frequently asked questions below.

All Muslims must have a written Last Will and Testament compliant with the Mawarith schedule, as set out in the Qur’an.

Sadly, many Australians (Muslims and non-Muslims alike) don’t have a Will and don’t fully appreciate the consequences of not having a Will. Simply put, when compared to the problems and the cost caused by not having a Will, it’s actually an easy, hassle-free, and relatively inexpensive process to make a Will – even an Islamic Will.

Looking for information about ‘standard’ Wills?

Looking for a quote for Islamic Wills?

Still have questions? Check out our Frequently Asked Questions below or call us on +61 2 9687 8885.

Why do I need an Islamic Will?

Every Muslim who has anything to will is not only required to have a Last Will and Testament ready, but also make sure that it is compliant with the specifications of the Mawarith schedule of the Qur’an.
Having an Islamic Will ensures that your estate is divided in a way that, for 2/3 of the estate, is compliant with the specifications of the Mawarith schedule of the Qur’an, and the remaining 1/3 as per your wishes.
It is also important for you to check your own reading or teachings and consult your sheikh before making any decision about making an Islamic Will.
What is an Islamic Will and how does it differ from a standard Will?

An Islamic Will distributes your estate in a way that is compliant with the Mawarith schedule, as set out in the Qur’an.
This involves specific requirements for the distribution of 2/3 of your estate as well as the option to gift 1/3 of your estate at your discretion. If you choose not to gift 1/3 of your estate then the entirety of the estates is divided based on the Mawarith schedule.
A requirement of all estates, with or without a will, is that all debts are paid off prior to the allocated distribution. Islamic Wills also include the paying off of any outstanding charity (zakat) that might still be owed.
Additionally, your Will would give directions that you are to be buried in accordance with Islamic standards. Not providing adequate directions could mean that your wishes are not followed.
Provided they are legally valid, Islamic Wills are recognised and upheld under Australian law in the same way that standards Wills.
What happens if I do not have an Islamic Will?

If you have a Will, but not an Islamic Will, then your estate will be divided in accordance with that Will; which will likely not meet the intricate requirement of the Mawarith schedule in the Qur’an.
If you do not have a Will at all then your estate will be divided based on the laws of intestacy in your state. Again, meaning that the division of your estate is not done in a way that is compliant with the Qur’an.
Ultimately, the decision is yours as to what you want to happen after you pass away. You have the choice whether to have an Islamic Will so that your estate is divided according to the Qur’an or otherwise.
Are Islamic Wills valid across Australia?

An Islamic Will, if drafted correctly, can be valid in all states across Australia. This means that the Will would be both compliant with Islamic law and Australian law, keeping in mind that each state has different laws regarding the legal validity of Wills made in that state.
As lawyers, we assist clients across a range of estate and elder law matters, including Will drafting and Islamic Will drafting. If you have any questions about this process, you should contact us for more information.
How much does it cost to make an Islamic Will?
Should I also make an Enduring Power of Attorney or Enduring Guardianship?
If you are concerned that you might lose your mental capacity (ie, due to old age, illness or injury) in the future and you’ll need assistance to manage your finances or you’ll need someone to look after you, then you should consider:
- Appointing an attorney under an Enduring Power of Attorney; and
- Appointing a guardian under an Enduring Guardianship.

Want to know more about Wills?

Please see our ‘standard’ Wills FAQs for answers to more questions you may have.

Wills - FAQs

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What it looks like to divide an estate under an Islamic Will (توزيع التَرِكة شرعاً) – Part 2

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Don’t procrastinate – if you know you need it, do it!

You’ve been thinking about making a Will for a while, haven’t you? Of course, you have been! Otherwise, why are you reading this article? You’re reading this article because you’ve been searching the internet about how to make a Will which means you still haven’t done it yet. What’s the delay? Most people know they […]
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What principles are used to determine inheritance in an Islamic Will? مبادئ الوصية الإسلامية

People often ask what key principles determine the inheritance rights in an Islamic Will. Simply, it comes down to 3 factors: Relationship Generational Category Financial Burdens Relationship is the simplest factor as it directly relates to how close of a relative the individual is. The closeness of the degree of relation is what determines if […]
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What it looks like to divide an estate under an Islamic Will (توزيع التَرِكة شرعاً) – Part 1

So, you have done some research and read a few articles that explain the rules governing how an estate should be divided under an Islamic Will. But what exactly does that look like? To give it a little bit of context here are a few examples of potential family arrangements and how the estate would […]
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Wills are about life – not death

When people say they don’t want to do a Will because they just can’t bring themselves to think about dying – the reality is that the Will is more about life than it is about death. Although a Will only becomes effective when you die, the purpose is to really be a reflection of your […]
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Asking for an Islamic Will that is not an Islamic Will? (هل تطلب وصية إسلامية ليست إسلامية؟)

There are sometimes occasions where people express interest in drafting an Islamic Will; they then go into detail about what they want, and it becomes clear that it is not actually an Islamic Will at all. The most common way that this situation presents itself is through parents wanting to divide their estate equally between […]
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COVID-19 – Electronic witnessing of documents

On 22 April 2020, the New South Wales government introduced the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 which amended the Electronic Transactions Regulation 2017 by allowing documents such as wills, power of attorney and enduring guardianship (and others) to be witnessed over ‘audio visual link’ (ie, video conference). The government introduced these […]
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Islamic Will – How important is it for Muslims to have one? (كل مسلم يحتاج إلى وصية إسلامية)

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I have a mental illness, can I still make a will?

Preparing a will is something most people choose to do at some point in time in their lives. If a person leaves it to when they are frail and ill issues will arise concerning their mental and legal capacity. In Australia there are four issues that must be considered in order to figure out if […]
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Hold the phone – SMS Will accepted by QLD courts

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Islamic Wills – FAQs

Want to know more about Wills?

Recent Posts

What it looks like to divide an estate under an Islamic Will (توزيع التَرِكة شرعاً) – Part 2

Appointing an attorney to help you with your finances – it’s easy

Don’t procrastinate – if you know you need it, do it!

What principles are used to determine inheritance in an Islamic Will? مبادئ الوصية الإسلامية

What it looks like to divide an estate under an Islamic Will (توزيع التَرِكة شرعاً) – Part 1

Wills are about life – not death

Asking for an Islamic Will that is not an Islamic Will? (هل تطلب وصية إسلامية ليست إسلامية؟)

COVID-19 – Electronic witnessing of documents

Islamic Will – How important is it for Muslims to have one? (كل مسلم يحتاج إلى وصية إسلامية)

I have a mental illness, can I still make a will?

RIP? What happens to our social media accounts when we die?

Hold the phone – SMS Will accepted by QLD courts

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Islamic Wills – FAQs

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