Why Do You Need an Islamic Wills?
There are several compelling reasons why every Muslim in United States should write a proper Islamic Wills.
Reason #1: Fulfill a Prescribed Islamic Duty.
- Qur’an: it is an obligation for Muslims to write a will:
It is decreed for you: when death approaches any of you and he is leaving wealth, to make a testament in favor of the parents and the closer relatives, fairly and correctly a duty upon the righteous ones. (Qur’an 2: 180)
There is a share for men and a share for women from what is left by parents and those nearest relatives, whether the property be small or large – a legal share. (Qur’an 4:7)
O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest-[that of] two men from among you or two others from outside if you ae traveling through the land and the disaster of death should strike you. Detain them after the prayer and let them both swear by Allah if you doubt [their testimony ,saying],”We will not exchange our oath for a price, even if he should be a near relative, and we will not withhold the testimony of Allah. Indeed, we would then be of the sinful.” [Surah:5, Ayat:106]
Therefore, it is mandatory for every Muslim that the will contains the shares as specified in these verses.
- Hadith: The Prophet Muhammad (peace be upon him) has also advised us to make a will. Abdullah bin ‘Umar states that the Prophet (peace be upon him) said:
It is not permissible for any Muslim who has something to will, to sleep two consecutive nights without having his last will and testament written and kept ready with him.
(sahih Al-Bukhari Book 55: Book of Wills and Testaments, 2738)
Reason #2 The consequences of a wrong will
The Prophet (peace be upon him) Said:
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, (on the other hand), 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.” (Abu Dawud, 17 Book of Wills, Chapter 3,2867)
Reason #3: it makes financial sense:
With an Islamic Wills, you can avoid unnecessary family disputes, making a will is far cheaper and can avoid a financial headache for you family. Generally, it takes a shorter time and reduced legal fees to settle an estate with a valid Islamic will.
Reason #4: PREVENT THE LAW OF INTESTACY
Your valid Islamic will prevents the law of intestacy and the court assigning an executor and guardian for your minor children and deciding the distribution of your estate. The right of disposing your estate according to your own religious requirements can be exercised only by making a valid Islamic will.
Reason # 5: LEGAL WAY TO BIND YOUR WILL AND PROVIDE GUARANTEED PROTECTIONS
Your Islamic will ensures your wealth is distributed in accordance with the Islamic law of Inheritance for the purpose, your trustworthy friend or relative who is appointed as the executor of your will can deal with and fulfill your last obligations.
Protect Your Family
Your Islamic will ensures your family receives their “legal Islamic share” according to the Islamic law of inheritance without the hassle or costs of the probate court deciding for you.
Protect Your Children
Your Islamic wills allows you to appoint a guardian for your children under 18 years of age. No one loves their children more than the parents, and if there is no valid will and last testament, the state probate court will decide who should care for minor children (it may be a non-Muslim guardian). You can choose a guardian for you children in your will and make sure they are looked after by someone you trust.
Protect your Body
Your Islamic will directs that your body is not subjected to embalmment, an unnecessary postmortem examination, or unnecessary transporting to a foreign country. You will state that you wish to have a Muslim funeral and burial.
Protect your Obligations
Your Islamic wills include provisions for the payment of debts and outstanding religious obligations such as unpaid Mahr (obligatory gift to wife), unpaid Zakat (compulsory charity), unperformed Hajj, Fidya (compensation for missed fasts in Ramadan), and Kuffarah (compensation for omitted acts of worship)
Protect Your Future
Your Islamic wills allows you to take up to 1/3 of your wealth for bequests, investing it in Sadaqah Jariya, a charity that continues to be rewarded after death. The distribution of 1/3 of the estate is for those who are not entitled to any share, such as distant relatives, non-relatives, non-Muslims, and individuals and organizations engaged in charitable work.
Reason # 6 Keeping up-to-date financial records
Writing a will also provide a secondary benefit to you and your family: an up-to-date record is kept of your assets and debts for the calculation of your Zakat every year. It will be a great help later to your executor, who will need a list of your assets and liabilities.
Islam declares clear rules pertaining to will that contains both legacies and bequests. Will can be oral or written and intention of Legator or Testator is clear about his property. Islamic laws states that a will is purported to complete a task after the death of testator and the ownership of property is transferred to the legatees.