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.
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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.
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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.
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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.
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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.
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If you want to know how much it will cost to make an Islamic Will, please visit our quoting page. You will need to complete a questionnaire and provide us with some information about your personal situation before we can provide you with a quote.
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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?
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