En The Islamic Will and Testament PDF

ISLAMIC
WILL & TESTAMENT

BOOKLET
PHETARED IY
MUHAMMAD AL-JIBALI
B is m i A lln lii A lr r a h n ia iii A lr r a h e e m i
In the name o f Allah, the most

Beneficent, the most Merciful
< rQ $ & < w d a in ed fe w y o u , u d ien
d ea tA a^w ootoA e^ a n y o fe y o u a n d
Ae ia /eaA Jony w oadtA , th a t Ae m a/cea
fea w Aoyueafo In fed ix w ofeAAe fia n en fo
a n d n eow 'KeAaXivea-----a d o ty afeon
lAoê uda> A avo
[A l-B a q a r a h 2:180]
T H E IN E V IT A B L E J O U R N E Y - P A R T 2
THE FINAL BEQUEST:

THE ISLAMIC WILL & TESTAMENT
BY
MUHAMMAD AL-JIBALI
Kalamullah.Com
AL-K1TAAB & AS-SUNNAH PUBLISHING

T A B L E O F C O N T E N T S
TABLE OF CONTENTS v
PRELUDE xi
Defining Our Mission xm
1. Correcting Our Beliefs and Practices (xiv)
2. Inviting to the True Dm (xv)
3. Warning Against Deviant Beliefs and Practices (xvi)
4. Purifying the Sunnah (xvi)
5. Liberating the Islamic Thought (xvii)
6. Presenting the Islamic Solution (xvii)
Conclusion (xviii)
Technicalities ............................................................................... xviii
Transliteration (xviii)
Translating and Referencing Quran and Hadith (xx)
Notable Utterances (xxi)
PREFACE xxiii
The Inevitable Journey ............................................................. xxiii
This Book .................................................................................. xxiv
General Description (xxiv)
Additional Material (xxv)
Understanding Issuesof Ghayb .....................................................xxv
Acknowledgements .................................................................. xxvi
CHAPTER 1
INTRODUCTION 1
Why Write a Will? .................................
Muslims Living in Non-Islamic Countries 2
Seek What Benefits You the Most 4
Which Money Is the Best? (4)
Do not Postpone the Good (5)
Contents vi The Final Bequest
CHAPTER 2
WRITING THE WILL 7
Definition ...................................................................................... 7
Will Wasiyyah (7)
Command at the Time of Death (9)
Shari Meaning (10)
The Obligation of Writing the Will .............................................. 11
People Benefitting from a Bequeathal ..........................................12
Standard Heirs (12)
The Relatives (13)
Non-Muslim Relatives (14)
Other Beneficiaries (14)
Maximum Bequeathal ......................................................................14
Witnesses ........................................................................................ 16
Unfair Bequests ............................................................................... 18
Allah Is the One Who Ordains the Shares (18)
The Bequest May Not Be Used as a Tool of Oppression (19)
Void Parts (21)
Attempting to Stop the Injustice (22)
Basic Elements of a Will ...............................................................22
1. Indication of the Testators Situation (22)
2. Declaration of Faith (22)
3. Commanding the Survivors to Do Good and Avoid Sins (23)
4. Declaration of Liabilities and Assets (24)
5. Appointing an Executor and a Guardian (24)
6. The Bequeathed Part of the Estate (25)
7. Emphasizing the Islamic Heirship (25)
Sanctity of the Will ........................................................................25
CHAPTER 3
TEXTS CONCERNING INHERITANCE 27
The Estate Goes to the Legal Heirs ................................................ 27
Abrogated Practices ........................................................................30
Including Women in the Estate (30)
Heirs by Oath (30)
Specified Shares ...............................................................................31
Children and Parents (31)
Spouses and Maternal Siblings (33)
The Final Bequest vii Contents
Full and Paternal Siblings (35)

Daughter, Grand-Daughter, and Sister (36)
Nearest Male (37)
Non-Standard Heirs ...................................................................... 37
Maternal Uncle, and the Islamic State (38)
A Sisters Son (40)
Special Individuals ........................................................................ 40
The Prophet (40)
A Fetus (42)
A Child of Zina (43)
Child of a Pregnant Slave Woman (44)
A Killer (45)
Non-Muslims (46)
Additional Considerations .............................................................47
Allocations Prior to Islam (47)
No Bequest to Legal Heirs (48)
Regaining Earlier Charity (48)
Giving Charity While Dividing the Inheritance (49)
CHAPTER 4
THE ISLAMIC LAW OF INHERITANCE 51
Introduction ......................................................................................51
Warning Concerning Weak Reports .............................................. 51
Definitions ........................................................................................ 52
Ilm ul-Faraid (52)
Difference in Understanding (53)
Pillars and Conditions for Inheritance (53)
Ties of Inheritance (54)
Inheritance Obstructors (55)
Female Heirs (57)
Types of Heirs (59)
Prescribed Shares ...........................................................................59
Abbreviations (59)
Table of Shares (60)
Notes and Additional Conditions (61)
Ta sib ............................................................................................. 63
Independent Usbah (63)
Ranks of Independent Taslb (64)
Contents viii The Final Bequest
Ta sib by Association (65)

Joint TasTb (65)
Hajb ................................................................................................66
Total Hajb (66)
Partial Hajb (66)
Calculating the Shares ....................................................................67
Case Window (67)
Increasing the Base (68)
Special Cases ................................................................................... 68
The Two Cases of Umar (68)
Maternal Brothers Cutting-off Full Brothers (69)
Grandfather with Siblings (70)
Second Distribution ....................................................................... 71
1. No Surviving Spouse (71)
2. There Is a Surviving Spouse (72)
Successive Deaths ............................................................................ 74
Meaning and Procedure (74)
Example (74)
Simultaneous Deaths (75)
Inheritance of a Fetus ..................................................................... 75
Conditions for a Fetuss Heirship (76)
Possibilities for the Fetus (76)
Possibilities for the Other Heirs (77)
Example (77)
Missing Persons ...............................................................................78
Definition (78)
Inheritance of a Missing Person (78)
A Missing Heir (78)
Hermaphrodites ...............................................................................79
Relatives Through Female Lineage ................................................. 79
Definition (79)
Inheritance (81)
Example (82)
CHAPTER 5
EXAMPLES AND COMPUTATIONS 83
Simple Cases of Share Allocation ...................................................83
Simple Window Cases ...................................................................86
The Final Bequest ix Contents
Examples of Awal .......................................................................... 89
APPENDIX I: WILL FORM 91

General Remarks ............................................................................ 91
Signing Instructions ........................................................................92
Affidavit .......................................................................................... 93
The Will .......................................................................................... 94
APPENDIX II: ADDITIONAL FORMS 95
REFERENCES 113
Will (113)
Inheritance (113)
General (114)
ARABIC TERMS 115

A: Glossary of Common Terms ................................................. 115
B: Index ...................................................................................... 122
P R E L U D E
O p e n in g S e rm o n
Al-hamdu lillah. Indeed, all praise is due to Allah. We praise Him and
seek His help and forgiveness. We seek refuge with Allah from our
souls evils and our wrong doings. He whom Allah guides, no one can
misguide; and he whom He misguides, no one can guide.
I bear witness that there is no (true) god except Allah alone

without any partners. And I bear witness that Muhammad (H ) is His
abd (servant) and messenger. 1
1 The above two paragraphs, together with the following three portions o f Q u ra n , are
called K h u tb a t ul-H ajah (the Sermon of Need). Allahs Messenger often
started his speeches with this sermon, and he was keen to teach it to his companions.
The hadiths, in this regard are recorded by Muslim, Abu Dawud, an-Nasal, and
others, and are narrated by Ibn Mas ud, Ibn Abbas, and others (<$&). A full
discussion of the various reports of this sermon is provided by al-Albanl in his
booklet, K h u tb a t ul-H ajah, published by al-Maktab ul-Islami, Beirut.
XI
Prelude xii The Final Bequest
reverence, and do not die except as Muslims. 1
0 people! Revere your Lord who has created you

from a single soul, created from it its mate, and
dispersed from both of them many men and women.
Revere Allah through whom you demand things
from one another, and (cherish the ties of) the
wombs. Indeed, Allah is ever-watchful over you. 2
0 you who believe! Revere Allah and say just

words. He will then rectify your deeds and forgive
your sins. He who obeys Allah and His Messenger
has certainly achieved a great victory. 3
Verily, the best speech is Allahs ($i) speech; the best guidance is
Muhammads ( 0 ) guidance; and the worst matters (in creed or
worship) are those innovated (by the people), for every innovated
matter is a bid ah (prohibited innovation), and every bid ah is an act
1 A l'ln ira n 3:102.

2 A n -N isa A :\.
3 A l-A hzab 33:70-71.
The Final Bequest xiii Prelude
of misguidance that (whoever initiated it) will reside in the Fire. 1
D e fin in g O u r M is s io n
Our goal in our works is propagating the true Dawah that derives
from Allahs (i) Book and His Messengers (H ) Sunnah. This is a
duty that every Muslim should cherish. Allah (i$g) says:
y y O yy , ; / T f f ,yy *'11 II''' y 0 y %J W . 7 > iy v
N 1 j l ^ Jl J Y S \
Let there arise from you a group of people inviting

to the good, enjoining the right and forbidding the
wrong. Those will be the successful^ 2
This Dawah has two fundamental aspects:
(a) Tasfiyah: Cleansing and purifying the Islamic beliefs and

practices.
(b) Tarbiyah: Guiding and educating the people according to the

purified teachings.
Allah (&) indicates that this was the Prophets (life) message:
o A
\ j &
> > > '.y > y o '^y > y
' ^ j !j t j j j l j L Y f Jl
if ' if
It is He who has sent among the unlettered a
Messenger from themselves reciting to them His ayat,
1 Muslim and others have recorded from Jabir Bin Abdillah o Y ) that Allahs
Messenger ($&) used to start his speeches with this paragraph.
2 A l Imran 3:104.
Prelude xiv The Final Bequest
purifying them, and teaching them the Book and

Wisdom although they were before in clear
deviations 1
This is also an obligation on every Muslim according to his ability,

as Allah (ig) commands:
r sJ im < o ly jjjlj pWl J i i J \ J i i
Help one another in righteousness and piety; and

do not help one another in sinning and
transgressions 2
Our mission is then to propagate the Islamic teachings in various

areas as follows:
1. C o r r e c t in g O u r B e l i e f s a n d P r a c t ic e s
We should revere, study, comprehend, and implement the noble

Quran and the Prophet's authentic Sunnah in accordance with the
understanding and practice of the righteous salaf: the sahabah and
their true followers, who are described in the following:
x x /
,s s a s a / \4>s o / i i
s r-jX
K toy

, t / / a t y
+
t L \s o .
^ Ale i &AlJI
^ L j i J I < O ^ J I y j j j d U i J j JI
The first to embrace Islam among the Muhdjirun

and the Ansar, and also those who followed them in
the best way Allah is pleased with them and they
with Him. He has prepared for them gardens
beneath which rivers flow: They will abide therein
forever. This is the supreme success. 3
1 A l-Jum uah 62:2.

2 A l-M a id a h 5:2.
3 A t-T aw bah 9:100.
The Final Bequest xv Prelude
Thus, the guidance of the salaf is the only true guidance.

Furthermore, the beliefs of the sahabah are the only acceptable beliefs:
WV /UI <l/ u i l Ai jjAi: L. JLj \JA oLi>

So if they believe as you believe *, they are indeed
truly guided. 2
Allah warns against following any guidance other than the

Messengers ( 0 ) and his companions
<1/4-11 J j U, juu ^ jjL iJ

/ / i * //
t
l < //./
*J /
.
t J w < / / i //
41 A J L u Z L ij) 6 y ) U <U I
U fl .L J U O O s ^ b T L / ,
Whoever opposes the Messenger, after guidance has

become clear to him, and follows other than the way
of the believers 3, We will give him what he has
chosen and let him into Hell: What an evil
destination! 4
2 . In v it i n g t o t h e T r u e D i n
We should contribute to educating and guiding the Muslims to adopt

the true Dm, act according to its teachings, and adorn themselves with
its virtues and ethics.
We should also contribute to inviting the non-Muslims to the
unadulterated truth of Islam.
This is the only way for any person to attain Allah's acceptance and
achieve happiness and glory. Allah ($g) says:
1 The address here is to the sah abah (4^)-

2 A l-B aqarah 2:137.
3 The description believers here applies first and foremost to the sah abah
4 An-Nisa 4:115.
Prelude xvi The Final Bequest
IjLij I^ &jjT hlQjJrJl ji o

r-\ ûdi <ojL&i i^ i^ j j> J i i^ i^ j
By time, the human being is surely in loss, except

for those who believe, do righteous deeds, enjoin
upon one another the keeping to truth, and enjoin
upon one another patience (in adversity). 1
3 . W a r n in g A g a i n s t D e v ia n t B e u e f s a n d P r a c t ic e s
We should caution the Muslims and exhort them against any beliefs or
practices alien to the pure teachings of Islam, such as shirk and
bid ahs.
4 . P u r i f y in g the S u n n a h
We should contribute to cleansing the Sunnah of weak and fabricated

narrations. Wrong beliefs and practices deriving from weak reports
have marred the beauty of Islam and prevented the Muslims
advancement.
The duty of purifying the Sunnah is so vital that the
Messenger ( 0 ) praised those who perform it by saying:
Ji* J-A Ijjb
(( .tjdjbl^.1 J j j Ijj -(>iu.tl Jlpujlj cijULiJI <Jsu_j
<This knowledge will be carried by the trustworthy

ones of every generation they will expel from it
the alterations made by those going beyond bounds,
the false claims of the liars, and the false
interpretations of the ignorant.> 2
1 A l- A s r 103:1-3.
2 Recorded by Ibn Adiyy, al-Khatlb al-Baghdadl, Ibn 'Asakir, and others. It is
reported from a number o f sahabah including Abu Hurayrah, Ibn Mas'ud, and
Anas (4g>). All o f its reports have various levels of weakness, but they add up
collectively to make this hadlth hasan, as is indicated by al-AlbanT in M ishkat ul-
The Final Bequest XVII Prelude
5 . L ib e r a t in g t h e I s l a m i c T h o u g h t
Guided by the Islamic principles, we should contribute to reviving the

unobstructed Islamic thought and opposing stubborn adherence to
mathhabs and prejudiced loyalty to parties. Neglecting this in the past
has caused rust to dwell on the hearts and minds of Muslims, diverting
them from the pure original sources of Islam, and causing them to
deviate from the honest Islamic brotherhood called to by Allah (Si):
And hold fast, all together, by the rope of Allah,

and be not divided among yourselves. 1
And by His Messenger (0 ):
U j>\ < a !JUI i L c .
<Be, worshippers of Allah, brothers.>2
6 . P r e s e n t in g t h e /s l Am c S o l u t io n
We should contribute to providing realistic Islamic solutions to

contemporary problems, and strive toward resuming a true Islamic way
of life and establishing a true Islamic society governed by Allah's law.
Allah ($i) says:
i\ iJulil % a i l J j3 l jlj>
Hence, judge between them in accordance with
what Allah has revealed, and do not follow their
errant views. 3
We call upon all the Muslims to support us in carrying out this
M asabih (no. 248), and as expressed by al-Halabl in a l- H itta h (p. 70).

1 A l 'Imran 3:103.
2 Recorded by al-Bukhari and Muslim.
3 A l-M aidah 5:49.
Prelude XVlll The Final Bequest
noble trust. This will surely elevate and honor them and spread the
eternal message of Islam all over the earth, as is Allah's true promise:
I j j j l
<\ j l j i ( o ' j j > l i i ; / J j I k
It is He who has sent His Messenger with Guidance

and the Religion of Truth, in order to make it
prevail over all (false) religion, however hateful this
may be to the pagans. 1
C o n c l u s io n
This work is, therefore, a humble response to our realization of a great

responsibility: the responsibility to help bring forth before the English-
speaking public writings that refine Islam and present it pure and
simple, as close as possible to the way it was understood and practiced
by its early righteous pioneers the salaf.
T e c h n ic a litie s
T r a n s l it e r a t io n
We have made a serious attempt to restrict the use of transliterated

Arabic terms to the following two situations:
a) There is no English expression that can reflect the same

meaning as the original term.
b) The Arabic term is of such importance that it is essential to

familiarize the readers with it.
At the end of this book, we have included a glossary defining

common Arabic terms that fulfill the above criteria. In addition, we
1 A s-S q ff 61:9.
The Final Bequest xix Prelude
have included an index of the Arabic terms that are more pertinent to
this current work, indicating the page on which they have been defined.
Except for proper nouns, transliterated Arabic terms are italicized.
In general, the rules of English pronunciation can be applied. The
following table includes additional symbols employed in this book to
help pronounce the Arabic terms.
Symbol Stands for English Equivalent Sounds

(1) Alif Mostly: Man, sad.
a, A
(long vowel a) At times: Father, hard, god.
(j) Waw Root, soup, flute.
u, U
(long vowel u)
(J) Ya Seed, lean, piece,receive.

I, I (long vowel i)
> The first consonant vocal sound

(<0 Hamzah
uttered when saying: at, it or oh.
Th, th (O) Tha Three, moth.
No equivalent. Produced in the lower
H, h () Ha throat, below h. Resembles the
sound produced after swallowing.
No equivalent. Produced in the back
Kh, kh () Kha
of the mouth and top of the throat.
Th, th (i) Thai There, mother.
A deeper s sound. Somewhat close
S, s (i/) Sad to the sc in muscle.
Sounds deeper than a d. Produced
D, d (Ja) Dad by touching the tongue to the mouth's
roof.
T, t (J?) Tah Similar but deeper than a t.

Prelude xx The Final Bequest
Symbol Stands for English Equivalent Sounds

A deeper thal, produced by touching
Z, z (i?) Zah the tip of the tongue to the back of
the front teeth.
c Produced in the bottom of the throat,

({0 'Ayn underneath h.
A gurgling sound produced in the
back of the mouth, just above the
Gh, gh () Ghayn
kha. Similar to the R in some
french accents.
Somewhat similar to the c in
Q> q (J) Qdf coffee.
T r a n s l a t in g and R e f e r e n c in g Q u r a n and H a d i t h
The Quran contains Allahs exact words. These words cannot be

exactly translated into other languages because of possible
misinterpretations and limited human understanding. It is best to
translate the meanings as understood by the Muslim scholars. This is
what is attempted here. When an ayah is cited, the Arabic text is
quoted first, followed, between double angle quotation marks (), by
the English meaning in boldface. The meaning is extracted from books
of tafsir and from accessible translations.
The location of a Quranic citation is specified in a footnote. It
provides the name of the surah followed by its number and the
number(s) of the ayah(s) cited.
Similarly, when we cite a hadith, we provide the Arabic text for
the Prophets (il) words, and follow that by its meaning, in boldface,
between single angle quotation marks (<>).
A footnote normally specifies the location of a cited hadith in the
Hadith compilations. The footnote indicates as well its degree of
authenticity and the names of scholars who made such judgement. A
hadith narrated by al-Bukhan or Muslim is automatically considered
authentic.
The Final Bequest xxi Prelude
N o t a b l e Ut t e r a n c e s
Out of love, appreciation, gratitude and other noble feelings, a Muslim

is encouraged to utter certain phrases at the mention of Allah, His
messengers, the angels, the sahabah, or other righteous Muslims. We
present these phrases in condensed Arabic calligraphy as follows:
Phrase Mentioned Transliteration Meaning

with
Allahs Subhanahu wa He is exalted
* Name taala. above weakness
and indignity.
& Allahs 'Azza wa-jall. May He be

Name hallowed and
glorified.
Allahs Jalla jalaluh. May His glory be

Name hallowed.
Muhammad Salla Llahu May Allah's peace
and other alayhi wa and praise be on
prophets sallam '. him.
m Prophets 'Alayh is-Salam. Peace be on him.
and angels
A male Radiya Llahu May Allah be
companion anhu. pleased with him.
A female Radiya Llahu May Allah be
companion 'anha. pleased with her.
$5 Two Radiya Llahu May Allah be

companion anhuma. pleased with them.
1 Uttering this is sometimes described as, saying salah upon the Messenger.
Prelude xxii The Final Bequest
P h ra s e Mentioned Transliteration Meaning

with
More than Radiya Lld.hu May Allah be
two anhum. pleased with them.
companions
s it e A past Rahimahu Llah. May Allah have

scholar or mercy on him.
righteous
Muslim.
When coming across any of these symbols, the reader is advised to

utter the complete phrase in order to obtain the reward of saying the
appropriate thikr or dua.
P R E F A C E
T h e In e v ita b le J o u rn e y
We inevitably pass through the route starting in this life, and extending
into the grave, before our final abode in the hereafter. In the process,
we encounter stages of sickness, death, and the intermediate life in the
grave (al-Barzakh). These are the subjects with which The Inevitable
Journey deals over a sequence of four titles:
1. Sickness: Regulations & Exhortations
2. The Final Bequest: the Islamic Will & Testament
^ JjJl V jIj
3. Funerals: Regulations & Exhortations
o l L j jllkU :jJ& JI
4. Life in al-Barzakh
C i^ l ^
We present the subject matter of this series from the authentic texts
of the Quran and Sunnah, guided in their explanation by the
understanding of the sahabah and the eminent ulama of Islam.
In this series, as well as our other publications, we strive to
eliminate all elements of superstition and falsehood that have
traditionally crept into this side of the human life in various cultures.
All books in this series are meant to be useful handbooks and
xxiii
Preface xxiv The Final Bequest
references in their subject matter. Whenever possible, the material is

presented in table format for easy reference, discussion, and study.
Supplications are generally presented with the Arabic text,
transliteration, and English meanings.
T h is B o o k
G e n e r a l D e s c r ip t io n
This book is the Second in the series \ Its main goal is to direct the
Muslims and guide them in writing their wills, especially those living
in non-Islamic countries where the correct laws of inheritance are not
normally applicable.
Thus, the first two chapters mostly deal with guidelines and
instructions concerning writing a will.
Furthermore, a good portion of this book has been reserved for the
subject of the Islamic Law of Inheritance. Among the reasons for
this are the following:
1) The Islamic law of inheritance is an essential complement to the

subject of will-writing. Both of them need to be considered when
an estate is divided.
2) Individuals writing their will in the west need a reference on the

Islamic law of inheritance to help them determine the correct
shares of their legal heirs. This would make their will more precise
and acceptable by the non-Muslim authorities, and would help
control the tendency toward unfairness in dividing the estate.
3) Imams, executors, and other persons responsible for dividing an

estate should have a basic knowledge of the Islamic law of
1 Chronologically, it was completed last, with Part 4 (Life in al-Barzakh) first, Part 1
(Sickness: Regulations & Exhortations) second, and Part 3 (Funerals: Regulations
& Exhortations) third.
A predecessor to this book, titled T he Islam ic Will and Testament, was
published in 1995, in a rudimentary form, and not as part of this series. That edition
is out of print, and this book completely replaces and surpasses it.
The Final Bequest xxv Preface
inheritance.
4) With the scarcity of books on this subject in English, this could be

used as a first reference or textbook for students who wish to study
the subject of Islamic inheritance.
Thus, the last three chapters of this book deal with the law of
Islamic inheritance. They lay down the textual foundation for the
subject, present its basic rules, and provide numerous examples and
case studies.
The appendix at the end provides complete will forms that are
ready to be copied and filled.
A d d it io n a l M a t e r ia l
We can reproduce the tables and diagrams in this book for interested
individuals who may wish to use them as stand-alone sheets for study
or teaching. Those interested in this should contact the publisher
(address on page iv).
U n d e r s ta n d in g Is s u e s o f Ghayb
Many issues discussed in The Inevitable Journey deal with ghayb,

whose understanding requires applying the following important rules:
a) Issues of ghayb that are mentioned in the Quran or authentic

hadiths should be accepted and believed without any doubt.
b) The texts concerning ghayb have real meanings that are within
the human reason, and at least the versed Muslim 'ulama
understand themotherwise, Allah would not have addressed
the people with them.
c) Unless there is an authentic evidence to the contrary, ghayb

incidents should be understood and interpreted in accordance
with the literal apparent meanings of the texts.
Preface xxvi The Final Bequest
d) The physical laws of this life cannot always be applied to

matters of ghayb. So, instead of hastily concluding that a
particular incident does not make sense, we should realize that
it is governed by different laws and should be accepted without
kayfwithout imposing our limited knowledge in attempting to
interpret or misinterpret it.
A c k n o w le d g e m e n ts
All praise and thanks are due to our Lord ($i) who facilitated
completing this work. May He further reward all the Muslims who
helped and supported this effort in various ways. In particular, may
Allah (i$g) reward my shaykh and teacher, Muhammad Nasir ud-Dln
al-Albanl whose works have benefited us in ways beyond description,
Rauf S. Azhar who reviewed the will forms repeatedly and provided
numerous beneficent suggestions, Abdullah al-Jiball who typed some
of the Arabic text and designed the cover, and Ala al-Jiball who
proof-read parts of the manuscript.
We ask Allah ($i) to make this humble effort helpful and fruitful
to the Muslims, forgive our shortcomings, purify our work from
hypocrisy and conceit, and accept it from us.
Our Lord, forgive us and all of the believers, and bestow Your
peace and praise upon our Prophet Muhammad (H).
Q/tfhi/ia/m/mad <//-
18 Rabi ul-Awwal 1420 H
1 July 1999
C H A P T E R 1
IN T R O D U C T IO N
W h y W r ite a W ill?
The money and material property that we possess in this world is a

trust from Allah. During our lifetime, we are required to use it in the
way that is most pleasing to our Lord ($).
On the Day of Judgement, Allah ($g) will surely ask us about our
wealth, how did we earn it, and how did we spend it.
Ibn Masud and Abu Burazah ($&) reported that Allahs
Messenger (jS ) said:
J L mj Lo LJlII j i I I L> j3 V
t- t- t- ,
* *
((VI+JL^ Lrtw*J> Ii <^JUUI I 4J
<A human beings feet will not depart from before

his Lord, on the Day of Resurrection, until he is
questioned about five things:
1. His lifetime how did he consume it?

2. His youth and body how did he utilize it?
3. His wealth how did he earn it,
4. and how did he spend it?
5. And what did he do in regard to what he
knew?> 1
Part of our fulfillment of the trust is that we strive to make sure

that, after our death, the wealth is passed down to those who deserve
it. Of course, Allah 0 k ) has already decreed in His Book the way that
1 Recorded by at-Tirmithi. Verified to be authentic by al-Albanl (as-SahXhah no. 946).
1
Chapter 1 2 The Final Bequest
our estate should be divided after our death. But there are a few
concerns:
1. The local authorities may not recognize Allahs law in this regard.
Unless we require its application in our will, our estate may be
divided in a different way.
2. There might be individuals to whom we owe money, and others

who owe us money. Such rights and duties must be settled before
the estate can be correctly divided among the heirs. Clarifying this
before death is vital in order to prevent confusion afterwards.
3. Allahs Messenger ($&) has given us the option of bequeathing up

to one-third of our estate before the rest is divided among our legal
heirs. Some non-inheriting relatives and other individuals and
institutions might be in dire need of whatever monetary support we
are able to provide to them.
4. The Muslims are generally very ignorant about the Islamic

teachings, especially in funeral and mourning-related issues. We
may need to express some guidelines to prevent violations to Islam
during our funeral.
These are just a few of the many reasons that make writing a will
an obligation that should never be neglected. Neglecting it constitutes
a permission for unfairness and injustice to rule when we have the
ability to stop it.
M u s lim s L iv in g in N o n -/s /a /n ic C o u n tr ie s
As indicated above and will be further discussed next chapter, writing

a will is a religious obligation for all Muslims who possess something
worth bequeathing.
This obligation is further emphasized for Muslims living or
possessing property in a non-Islamic country. They should write their
will and make sure that the Islamic requirements in it are legally
binding on the executors and heirs. If they fail to do so, their estate
The Final Bequest 3 Introduction
may be distributed in discord with the Islamic law.

All states of the United States, for example, have laws to divide the
estate of a person who dies intestate without a will. However,
dying intestate has several problems: it involves a great deal of delay
in the settlement of the estate; if the court were to appoint a lawyer as
administrator, his fees may be very expensive; and most importantly,
the state's method of dividing the assets of the estate will not conform
with Islam.
Thus, a will should answer three basic questions:
1. How should the property be distributed?
2. Who should settle the deceased's financial affairs?
3. Who should take care of the deceased's minor children?
The answers involve making certain decisions.

One of the first decisions will be to select a person to serve as the
executor. The executor's responsibility is to assemble the property,
inventory it, pay the deceased's debts, pay the funeral expenses, file
estate and income tax returns, pay any taxes due, sell property if
necessary to meet all obligations, distribute the remaining property
according to the will, and submit a final accounting to the beneficiaries
and the probate court.
If there are minor children in the family, a guardian should be
appointed for them in the will. One must be concerned, for instance,
with: who will take care of the children if both parents die together at
a young age. Muslims certainly would not want their children to be
brought up by non-Muslims.
Many scholars have prepared wills in Arabic that address some of
the requirements indicated above, but obviously neglect others
pertaining to the Muslims in the west. A few wills have been written
in English, some of them in reasonable conformation with the Sunnah.
Among those is our previous work (refer to the Preface).
This book attempts to put together the best of all that is available.
We believe that the will included in the Appendix is a sound one, both
from the Islamic and legal stands. However, we do not assume any
legal responsibility and carry no liability whatsoever in relation to
using it by individuals as their final will and testament.

Our hope is that, by this, we are presenting to the Muslims in the
West a much needed service, for which we seek Allah's acceptance and
forgiveness.
S e e k W h a t B e n e fits Y o u th e M o s t
W h ic h M o n e y Is the Best?
When one writes his will, and considers how his estate will be
distributed after his death, he should think of something more
important: How can he best benefit from the wealth that he currently
control? After he departs from this life and resides under the earth,
would he be more concerned about how well his kin are enjoying the
inheritance, or how well and secure he himself is? Even though the
answer to this question is obvious, and everyone will rush to say that
he would care more about his own well-being after death, we find that
the peoples practice demonstrate the opposite!
Abdullah Bin Masud (4^) reported that the Prophet ($&) once
asked the companions, V*JL ^ *J| Li JL ^ i <Who among you
loves his heirs wealth more than his own?> They replied, O Allahs
Messenger! No one among us but loves his own wealth more than that
of his heirs. He said:
| I Ij J La Y | 1 ^ ii i ) a j jAc. I ))
I I
, * >
.O j>\ La l i l j j l j J L a j C *e J i L a iU L a . <JLa
<Know that none among you but his heirs wealth is

dearer to him than his own wealth! Your wealth is
that which you send forth (through charity), and
your heirs is that which you leave behind.> 1
In another report, Ibn Masud (4#b) said that the Prophet ($) said:
1 Recorded by an-NasaT and Ahmad. Verified to be authentic by al-AlbanT (a s-

Sahihah no. 1486).
The Final Bequest 5 Introduction
? *J L # A -J J *Jj \j J L
.^>1 L# CjJt3 L# aJLaijL
<Who among you loves his heirs wealth more than

his own? Verily, his wealth is that which he sends
forth (as charity), and his heirs is that which he
leaves behind.> 1
D o n o t Po s t p o n e t h e G o o d
One should not delay the charity that he wants to give until he feels
the pangs of death. That would be too late, because his wealth is then
being passed over to his heirs and is not his anymore. This is
emphasized in the hadith of Imran Bin Husayn (4^>) in the next
chapter in which he reports that the Prophet ( ^ ) disallowed the charity
of a man who freed his six slaves at the time of death.
Also, Abu Hurayrah (4*0 reported that Allahs Messenger ( 0 ) said:
H ^ ^ * * *
I t O - i \j ^ i t . ^7 I ,J I I Î))
IJtf j-> u r :c J i ry iii. l CJJL lil .J f J Y , . ^ 1 J y b j
\js j t r v l " i i r
<The best type of charity is that which you give when

you are healthy and short of funds, fearing poverty
and hoping for wealth. Do not postpone it till, when
your soul reaches your throat, you say, Give so-
much to so-and-so, and so much to so-and-so. Verily,
by then, so-and-so had already gotten so much.> 2
Thus, servant of Allah, when you sit down to write your will,
remember this, and think earnestly of things you can do with your
1 Recorded by al-Bukhan and others.

2 Recorded by Ahmad, al-Bukhan, Muslim, and others.
wealth while you live that will benefit you after death. 1
We ask Allah to guide us and grant us righteousness, a good end,
and death upon the testimony of Islam.
1 The reader is urged to read in this regard the chapter about the things that benefit
the dead from our book, Life in al-Barzakh, which is Part 4 o f this series (The
Inevitable Journey).
C H A P T E R 2
W R IT IN G T H E W IL L
D e fin itio n
W il l W a s i y y a h
The Arabic word for will is wasiyyah. It means a definite

command or obligation.
Thus, in regard to fearing and obeying Him, Allah (Bi) gives the
wasiyyah:
srs . L J io if l iJ\^\
Verily, we have commanded the people of the

Scripture before you, and you (Muslims) that you all
revere Allah. 1
In regard to treating the parents with kindness and benevolence,

Allah gives the following wasiyyah in various places of His Book:
a < j . j j r * i
We commanded the human being to be kind and

dutiful to his parents. 2
>fi JU >Î (\SU>\ Jdl^ l ^ >
We commanded the human being to be kind and
1 An-Nisa 4:131.
2 A l-A nkabut 29:8.
7
dutiful to his parents.^ 1
bJb | 1 <LJ L q > 6 Aj XJ 1 Ji
*
We have commanded the human being (to be
dutiful) in regard to his parents. His mother bore
him in weakness and hardship over weakness and
hardships 2
In regard to adhering to Allahs commands and abstaining from

what He prohibited, Allah ($i) tells his Messenger (0 ):
> o > r U;VI
Say (O Muhammad), Come, I will recite what

your Lord has prohibited for you: Do not join
anything in worship with Him, ... 3
In that and the following two ayat, Allah (t$g) concludes the listed
prohibitions and commands by declaring that this is His wasiyyah:
N0) aj
... This He has commanded you, that you may use

reason. 4
) or rUiSii ;jx>
... This He has commanded you, that you may
remember. 5
1 A l-A h qaf 46:15.

2 Luqm an 31:14.
3 A l-A riam 6:151.
4 A l-A riam 6:151.
5 A l-A riam 6:152.
The Final Bequest 9 Writing the Will
\or rurti a, ^jii>

... This He has commanded you, that you may have
taqwa. 1
After ordaining the shares of the estate for the spouses and
maternal siblings, Allah says that this is His wasiyyah:
\ Y ,L d l < 0 j y i jU i A llj .All ^ aL^, >
This is a commandment from Allah; and Allah is

ever Knowing and Tolerant. 2
And Allah ($$&) indicates that the true believers are those who give
each other the wasiyyah of adhering to truth and perseverance:
iJ lA j ij x * & jji ^ y i Si o
r-\ ^ laJ K O j k i l l ^ l ^ j cA A A Jl
By time, the human being is verily in loss except

for those who believe and do righteous deeds, and
command each other to truth and command each
other to patience. 3
C o m m a n d a t t h e T im e o f D e a t h
Wasiyyah also means a command given by a person who is about to

die, in order to be executed after his death. Ibrahim (SS), as well as
his grandson Ya'qub (:3Q, gave the following important wasiyyah to
their sons:
A a // / / i/ | T / | \
' J z J \ i l l o!
1 A l-A nam 6:153.

2 An-Nisa 4:12.
3 A l-A s r 103:1-3.
) r v sj j \ < o " oJ s J * ^ i j vi j j j X y i i , jji
And Ibrahim commanded this sons with that

(submission to Allah), and so did Ya'qub, O my
sons, Allah has surely chosen for you this religion, so
do not die except as Muslims. 1
S h a r i M e a n in g
In the legal language of the Islamic shar (legislations), a will is a set

of instructions given by a person to individuals whom he expects to
survive him. It includes Islamic instructions and admonishments,
monetary distributions, and assignments of rights.
In this sense of wasiyyah, Allah ($g) says:
1*
M - SyUK. y oi !>
... When death approaches any of you and he is

leaving wealth, that he makes fair bequests ... 2
) ) l~JI <.. jl l* ^ .. .>

st '
... After payment of any bequeathal that he may

have made, or debts ... 3
u . l j i < .. .jii i* i L j j j ti : o-a .. .>

* '
... After payment of any bequeathal that they
(your wives) had made, or debts ... 4
) v l *j i ji ^-*-1 c y ^
St '
... After payment of any bequeathal that you had

3 A n-N isa 4:11.
4 An-N isa 4:12.
made, or debts ... 1
>V *l~dl <.. ^ jl Lfj Jbu Crf >
... After payment of any bequeathal that had been

made, or debts that are not intended to cause
harm. 2
rii f. 4 2 , 1^ 1; ^ jji i*fc>
N A ajuLLI J jlc I jj jL iil
0 you who believe! When death approaches one of

you, testimony should be taken among you at the
time of bequest by two just men of your own. 3
T h e O b lig a tio n o f W r itin g th e W ill
Since no one knows when or where death will come to him, one must
hasten to write his will. Allahs Messenger ($1) indicates that this is
an obligation for everyone who has anything worth bequeathing.
Ibn Umar 0$s) reported that the Prophet (H ) said:
cA-dlJ c: 6 Aj ^ **^ ^ I Lo))
<It is not rightful for a Muslim person, if he has

anything to bequeath, that he sleeps two consecutive
nights without having his will written with him.>
Ibn Umar (t$s>) then noted, Not even one night has passed me, ever
since I heard this from the Prophet (H), without having my will with
1 An-Nisa 4:12.
2 An-Nisa 4:12.
3 A l-M aidah 5:106.
This is most important if one owes dues to Allah (i) or His ibad
(servants) that may not be fulfilled without a will. Also, this obligation
is further emphasized in situations where one approaches a dangerous
undertaking, such as a fight, risky journey, or severe illness.
P e o p le B e n e fittin g fro m a B e q u e a th a l
The will is an important means of helping the relatives and other

individuals. The standard legal heirs may not receive any additional
allocation through bequeathal, but others may. In fact, it is
recommended to bequeath to the needy relatives, especially if one is
leaving a large wealth.
S t a n d a r d H e ir s
It is prohibited to bequeath anything to the Islamic legal heirs, because

Allah has already appointed to them their rightful shares of the
inheritance.
However, one may include special clauses in his will to assure that
they receive their correct legal shares according to Islam. This is
especially important in countries where the Islamic law of inheritance
is not applicable.
Abu Umamah al-BahilT (<*&) and others reported that the
Messenger (H) said in a khutbah in his Farewell Pilgrimage:
c *
.OjljJ <Ai> (3> (ji J i Ji aIII jj
- ,* ,
. l$jj jiL *il j-o LL-i lJ.I j
<Allah has appointed for everyone his due right; thus

no bequest may be made to a (standard) heir. And a
woman may not spend anything from her house
without her husbands permissions
1 Recorded by al-Bukhan, Muslim, and others.

Someone asked, O Allahs Messenger! Not even food? He replied,

. Ul_î J_îi Jli <That is our best type of wealths He then continued:
(( . I f IJ <^ << 7 ft A IJ < ft Ij t ft I L j J I ))
<A borrowed thing must be guaranteed (to be

returned), a thing lent for a benefit (like a goats
milk) must be returned, a debt must be paid off, and
a guarantor is responsible (for whatever he
guaranteed).> 1
Many other companions also reported from Allahs Messenger ( 0 )

that:
.Ojl^J ZL&j V))
<No bequest may be made to a (standard) heir.> 2
T h e R e l a t iv e s
It is recommended to bequeath to non-heir relatives the closest then

the closer. The bequests are taken out of the inheritance before
dividing the rest among the legal heirs. Allah ($i) says:
j # / # ^ ^ / /
12 'yJI <t'I1 ^ i"' i yA*\ I |wS' I {2'*Il 9S 0l' " Sk
1< j J
) A -ftyUl <0 J j, ouyV lj W
It is ordained for you, when death approaches any

of you and he is leaving wealth, that he makes fair
bequests in favor of the parents and near relatives
a duty upon those who have taqwa. 3
1 Recorded by Abu Dawud, Ibn Majah, and others. Verified to be authentic by al-
Albanl (Sahih AbT D aw u d no. 3044).
2 Recorded by Ahmad, Abu Dawud, at-Tirmithi, and others from Ibn Abbas, Anas,
Jabir, Abdullah Bin Umar, All, and others ($$>). Verified to be authentic by al-
AlbanT (Irwa'ul-G halTl no. 1655).
According to Ibn Abbas and many others among the sahabah and
tabiun (<$*>), the part of this ayah pertaining to the parents has been
abrogated by the ayat of inheritance But the part pertaining to the
non-inheriting relatives continues to hold. 2
N o n -M u s l im R e l a t iv e s
A disbeliever cannot be an heir for a Muslim 3. What if a Muslim has

a non-Muslim wife or mother? The will provides an important avenue
for him to support such individuals after his death.
O t h e r B e n e f i c i a r ie s
One may also direct a part of his estate to other unrelated individuals
or institutions as he sees fit and pleasing to Allah not intending
thereby to inflict harm on the legal heirs.
M a x im u m B e q u e a th a l
Sad Bin Abl Waqqas narrated that he was with Allah's

Messenger (H) in the Farewell Pilgrimage. He was struck by a severe
illness in Makkah, and felt that he was close to death. The
Messenger ( 0 ) visited him, and he said to him, O Messenger of
Allah, I am reduced to this state because of illness. I have a vast
wealth, and no heirs except a daughter. Should I bequeath two thirds
of my estate? He ($1) replied, .V <No!> He said, One half of my
wealth then? He ( 0 ) replied, .V <No!> He said, One third of my
wealth then? He (H ) said:
0I (j-4j+> iASujj tilJu j j dbl cJU Ij <cJUI
< o j>\ VI Xijj j i J jJ ( iljlj .^ U l jjju&Sj lllc f+z jJ
1 See next chapter.

2 Tafslr Ibn Kathlr.
3 See next chapter.
iilpu (jJ liljj . (iljlysl IgjOA.aSllI

* * S*
-utij Y| <u j Ijj J V c4_JJI <l>_5 <lj ju y <U-L? *>L-c.

__ * > + * i 4
. iilj j iaj_j |lj_sl iii
i _JU_i j l d l L J |J
. * '
. J ^ j LLc I <_5i-C j^^jUl))
. * J > ^ I juu- ^ J U 1^
<Yes, one third; and even one third is too much.

Indeed, O Sad, youd better leave your inheritors
rich after you than leave them as a burden, begging
people (and he ( 0 ) expressed this with a motion of
his hand).
Indeed, O Sa d, you will never spend money
seeking by it Allah's Face, but you will be rewarded
for it even for the morsel of food that you put
into your wifes mouth.
And if you live after me, never would you do a
good deed seeking thereby Allahs Face, but will
increase by it in position and elevation. Furthermore,
yon may live longer so that some people (the
Muslims) will benefit from you and others (the
disbelievers) will be harmed.
O Allah, fulfill my companions Hijrah, and do
not turn them back upon their heels. But the
miserable one was Sa d Bin Khawlah '.> 2
To this, Ibn Abbas (4=) said:
I wish that people would reduce their bequests from

one-third to one-fourth, because the Prophet ( 0 ) said
that even one-third is too much. 3
1 Allahs Messenger ( 0 ) is regretting for him that he died in Makkah before H ijrah.
2 Al-BukharT, Muslim, and others.
3 Al-Bukharf, Muslim, and others.
Among the things that we learn from the above hadith are the
following:
1. The most that one may bequeath in his will is one-third of the
entire estate, but it is better not to exceed one-fourth.
2. If one maintains a sincere intention of pleasing Allah through

helping the individual to whom he bequeaths, his bequeathal will
count as a sadaqah that will benefit him after death.
3. The inheritance is a means that Allah made for supporting ones

nearest kin. One should not rob them of this right or cause them to
fall into poverty after him.
4. The amounts and shares of the estate that go to the children,

spouses, parents, siblings, or further relatives have been ordained
by Allah the Most Wise. One may not challenge that by proposing
alternative shares that seem more reasonable to him thereby
imposing his limited knowledge and experience over the unbounded
knowledge and wisdom of Allah (^.).
W itn e s s e s
One should have two just Muslim men witness his will. If this is not
possible, then two non-Muslim men may be taken as witnesses,
provided that their testimony is validated as explained in the Quran:
.o ^ ji rii ^ i*L;>
; A o
0jl\ * S' 0 ' j_*
0 j l{'l \' jl1 S * '' K I '' l"? ~^
Iji jl*-*l I UJ>
,* } * } I / / || f ft * ' \ | (ti J
U î)jf**m*2*U ^ 7* | I
015 <u *
h l i l j j l jl J b l j l l J f o .i'jLJ] ^ ^
I * ~~ * * * " s *
0 ^ 1 ll| 1:1 <ÛI i'jl+i V, 11 jlT ^

0 you who believe! When death approaches one of

you, testimony should be taken among you at the
time of bequest by two just men of your own.
If you are traveling through the land, and the
calamity of death befalls you, then (this may be
performed by) two men from other than your own.
Detain them both after the prayer and, if you are in
doubt, let them swear by Allah (saying), We wish
not for any worldly gain in this, even if it be (to
please) a near relative, neither will we conceal any of
what we have witnessed before Allah, for then
indeed we would be of the sinful.
But if afterward it is found that these two were
guilty of sin (perjury), let two others stand in their
place from among those who were deprived of their
right by the first two. They will swear by Allah
(saying), We affirm that our testimony is truer than
theirs, and we have not transgressed. Indeed we
would then be of the wrongdoers.
Thus it will be more likely that they will give
testimony in the proper way, or (at least) fear that
their oaths will be refuted by the oaths of others.
Revere Allah and listen (with obedience to Him).
Indeed, Allah does not guide the disobedient folk. 1
1 A l-M aidah 5:106-108.

We learn from the above ayat the following:
1. A will is acceptable even when one is at the verge of death.
2. Two just 1 men should be present and witness ones verbal or

written will. Thereafter, they should supervise the division of the
estate.
3. The two men should normally be Muslim, preferably from the

same clan or tribe as the deceased.
4. If no Muslims are present, such as if the deceased was travelling

through the land when death came to him, non-Muslim men will
be appointed as the witnesses.
5. The witnesses must swear by Allah that they will divide the estate
as directed by the deceased, without being influenced by anyone or
desirous of any worldly gain from that.
6. If there is a doubt that the witnesses breached their sworn promise,

they should be replaced by two other witnesses from the side of the
people who claim that their rights were violated.
U n fa ir B e q u e s ts
A l l a h Is t h e O n e W h o O r d a in s t h e S h a r e s
Allah ($i) has ordained the various individuals shares from the
inheritance. Their shares increase or decrease based on their
relationship to the deceased and other considerations, as will be
detailed in the next chapter. Allah ($g) says:
1 Just means that they are o f known truthfulness and righteousness.

V ,L J I < 0
For men is a share of what the parents and close

relatives leave, and for women is a share of what the
parents and close relatives leave, be it little or
much an ordained share (by Allah). 1
Therefore, it is prohibited to change the ordained shares, or use the

will as a means of causing harm or oppression, such as depriving some
of the heirs from their rightful share, or favoring some of them over
others.
Even if an heir had wronged the testator or appears to be of evil
conduct, that is not a justification for denying him his share of the
estate.
Non-/s/amic countries allow the testator full liberty in dividing his
estate. But one may not take that as an excuse to disobey his Lord. He
should fear Allahs punishment and strive to remain within Allahs
ordained limits.
T h e B e q u e s t M a y N o t B e U s e d a s a T o o l o f O p p r e s s io n
Some people include fictitious bequeathals and debts in order to

deprive the heirs of their rightful shares. This constitutes many
violations to Islam, including the following:
1. As we saw above, this would mean opposing Allahs ordainment.
2. It violates Allahs ($g) explicit prohibition of causing harm to the

heirs. Allah ($1) says:
(The allocations are made) after deducting any
1 A n-N isa 4:7.

bequest that may have been made, or any debt (that

may have been incurred), neither of which having
been intended to harm (the heirs). 1
3. It violates Allahs Messengers ($1) general prohibition of inflicting

harm in any manner or form. Abu Said al-Khudrl (4) narrated
that the Prophet ( 0 ) said:
* s s * s s
((. aILJI Li ^ LJu ^^3 <aILJI La j La .j Ij*a Hj 11w
<(One may) neither initiate harm (toward others),

nor respond (to their actions) by harming (them).
Whoever harms others, Allah will harm him; and
whoever troubles others, Allah will trouble him.> 2
4. It violates Allahs general command to the believers to be fair,

even toward those whom they hate:
ij i . 1^ 1; ^ jji i* b >
> I J . u l .1 JjX y J ii r'J c,L12 j j u i V ,

/ ** 0 '
a sjjiti < o a ji ,! . i t f ijSflj
0 you who believe, stand out firm for Allah, and be

just witnesses. Do not let the enmity and hatred of
others prevent you from being just. Be just; that is
nearer to piety. And revere Allah; indeed, Allah is
well acquainted with what you do. 3
5. It violates Allahs Messengers ( 0 ) prohibition of cheating.

Abu Hurayrah (4^>) reported that Allahs Messenger (W*) said:
1 A n-N isa 4:12.

2 Recorded by ad-DaraqutnT, al-Hakim, and others. Verified to be hasan by al-Alban!
and others {Irw a ul-GhalU no. 896, as-SahThah no. 250, Ahkam u l-Jan aiz p. 16).
3 A l-M a id a h 5:8.
(( *Lo 1lf> ))
<Whoever cheats is not one of us.> 1
Ibn Masud (4k) reported that Allahs Messenger (iH) said:
((. j L*J11%p I 6Lo *1$ 1 *^ w
<Whoever cheats us is not one of us. Chicanery and

deception are (punished) in the Fire>2
V o i d P a r t s
Under the Islamic law, any part of a bequeathal that is unjust or wrong
is voided and rejected. Aishah (]sfe) reported that the Prophet ( 0 )
said:
(( . i j j f i *Sj > Lo IJLfc b y > \ O J l>I
<Anyone who innovates in this matter of ours (Islam)

that which is not of it, it is rejected.>3
Imran Bin Husayn (4*0 narrated that a man freed six slaves, which
were all what he possessed, just before he died. His bedouin heirs
came to the Prophet ($1) complaining about that, upon which he (H)
said:
. aJLc LJL? L a!UI *Li jl LIc jJ ViiJJj Jutsjb)
<Did he really do that? Had we known, we would not

have performed the prayer for him if Allah
willed.>
He then divided the six slaves into three pairs, draw lots among them,
1 Recorded by Muslim and at-Tirmithl.

2 Recorded by at-Tabaranl, Ibn Hibban, and others. Verified to be authentic by al-
Albani (as-Sahihah no. 1058).
3 Recorded by al-Bukhari, Muslim, and others.
freed only one pair *, and gave back the other four to the heirs. 2
A t t e m p t in g t o S t o p t h e In j u s t i c e
Anyone who is able to stop the injustice must do so. This is

specifically required in the case of a will. If the person who made a
bequeathal appears to be unfair and sinful in that, those who are
present should try to correct that whether during his life, or by
reconciling among the heirs after his death. Allah (i$g) says:
<a_JLc jtjJ p4Li Lo3l j \ lai> jjt jj-a i_iL>

NAV <0
If one has reason to fear that the testator has
committed an unjust act or a deliberate wrong, and
thereupon brings about a settlement among them
(the heirs), he will incur no sin by that. Indeed,
Allah is Forgiving and Merciful. 3
B a s ic E le m e n ts o f a W ill
Following the practice of the salaf and great Muslim scholars through
the ages, an Islamic will should have the following basic elements:
1 . In d i c a t io n o f t h e T e s t a t o r s S it u a t i o n
The will normally starts with the testators expression of being in

sound mental ability and health. Thus he would be able to bequeath
without being under the influence of medications, hallucination, etc.
2 . D e c l a r a t io n o f F a it h
The testator declares his Islamic faith, mentioning the most important
1 That corresponds to one-third of the estate in this case.

2 Recorded by Ahmad, Muslim, and others.
3 Ai-B aqarah 2:182.
items, including the Shahadah, the belief in the hereafter, and so on.
3 . C o m m a n d in g t h e S u r v iv o r s t o D o G o o d a n d A v o id S in s
The testator commands his children, spouse, and other relatives and
friends to maintain taqwa of Allah. He commands them to obey
Allah ( |) and abstain from disobedience. He emphasizes matters that
are relevant to the circumstances in which they live and the tribulations
to which they are subject. He warns against the numerous innovations
and violations of the Din practiced by most people, especially in
funeral-related matters *. He requires that his preparation and burial be
done according to the Sunnah.
Commanding the family to observe the Sunnah and avoid
innovations is a practice that was started by the Prophet's
companions (4b). The following are a few such examples:
Amir, son of Sad Bin Abl Waqqas (*&>), reported that his father
said on his death bed:
Dig my grave as a lahd 2, and lay the bricks on top of

me as was done to Allah's Messenger ( 0 ) . 3
Abu Musa al-Asharl (*^>) said at the time of death:
When you walk in my funeral, walk fast, do not follow

me with incense burners, do not erect over me anything
that would separate me from the earth, and do not build
a structure over my grave. And bear witness that I
disown any woman who mourns over me by shaving
her hair, beating herself, or tearing her clothes.
He was then asked, Did you hear something in this regard? He

replied, Yes, from Allah's Messenger (HI). 4
1 Review our extensive book, Funerals: Regulations & Exhortations, which is Part 3
of The Inevitable Journey series.
2 L ahd : A niche dug for the body in the graves wall that is in the direction o f Qiblah.
See Funerals: Regulations & Exhortations.
3 Muslim and others.
4 Recorded by Ahmad and others; authenticated by al-Albanl.
And Huthayfah (4^>) said:
When I die, do not announce my death to anyone,

because I fear that it would count as lamenting; and I
heard Allah's Messenger (H ) prohibit lamenting. 1
For all of this, an-NawawI (xfc) said:
It is highly recommended for a person to instruct his

family to avoid the innovations that have become
common in funerals, and to confirm his covenant with
them upon it. 2
4 . D e c l a r a t io n o f L i a b il it ie s a n d A s s e t s
The testator declares all of his liabilities and debts, and all of his assets
and possessions. Special attention should be given to hidden or
undocumented property or debts.
5 . A p p o in t in g a n E x e c u t o r a n d a G u a r d ia n
The testator appoints the person who will be in charge of executing his
will after him. The executor should be given full authority to deal with
the assets in order to fulfill the allocations of the will.
If the testator has underage children, he also appoints a well-trusted
guardian to take care of their wealth and well-being until they come of
age.
It is recommended that the executor and guardian be individuals
who are young and likely to outlive the testator long enough to carry
out his will as desired.
Those set in charge of the deceaseds children should take good
and sincere care of them, and realize that Allah is watchful over them
and would surely punish them if they incur any injustice. Allah (3k>)
warns against such by saying:
1 Recorded by at-TirmithT and others; authenticated by al-Albanl.

2 Al-Athkar.
^ l > li l& j, f i i i z # \ j f J 'j l * JUI
<\ .L J I < 0 I jljjiL YJ I J A i IJ lJ j
And let them have fear, those who, were they to

leave weak offspring, they would fear for them. So
let them fear Allah and speak right words. 1
6 . T h e B e q u e a t h e d P a r t o f t h e E s t a t e
The testator indicates the amounts that he wishes to bequeath of his

estate (up to one-third of the total), and specifies the beneficiaries. If
a bequeathal is general, such as, for spreading the dawah of Islam,
it is recommended to specify the names of some knowledgeable
persons who would make the disbursements in that regard.
7 . E m p h a s iz in g t h e I s l a m c H e ir s h ip
In non-Islamic countries, it is recommended for the testator to specify

his legal heirs and their correct shares (if known at the time of writing
the will). Otherwise, he may make a reference to the Islamic law of
inheritance, as in this book, and directs that his estate be divided
according to it.
S a n c tity o f th e W ill
Whether it is said by word of mouth, handwritten, or typed, a will has

a special sanctity that must be observed and executed unless it
contains violations as indicated above.
Any witness who tries to change the will without right, or hides
some parts that he knows, is sinful by that and liable to punishment,
as Allah ($f) says:
Ail o| A / A jj I J k A5j lA ii i i w LAu;
1 An-Nisa 4:9.
SAS
And if (after the testators death) anyone alters

such a provision after having come to know it, the
sin of acting thus falls only upon those who have
altered i t I n d e e d , Allah is Hearing and
Knowing. 2
1 And not upon those who may have unknowingly benefited by this alteration.
2 Al-B aqarah 2:181.
C H A P T E R 3
T E X T S C O N C E R N IN G IN H E R IT A N C E
In this chapter, we present texts from the Quran and authentic Sunnah
regarding inheritance in Islam. We accompany the texts with brief
explanations as we find necessary. These texts largely provide the
bases for the rules of inheritance, which will be summarized in next
chapter.
T h e E s ta te G o e s to th e L e g a l H e ir s
The estate of a deceased goes to the heirs that have been legally
indicated in the Islamic law. The Islamic state has no right to any part
of it, except in the rare situation where the deceased was not survived
by any relatives close or far. Allah 0&) says:
:U j j j j i ' j g l j ' j iL. j i ^ ju)

^ " *s
/ J s j\ j i i l l l L .
V .L J I <0
For men is a share of what the parents and close

relatives leave, and for women is a share of what the
parents and close relatives leave, be it little or
much an ordained share (by Allah). 1
Abu Hurayrah reported that Allahs Messenger ($&) said:

^ ^ C.
jl Lui ijJj2 L> iaJlII bl
1 An-N isa 4:7.
27
fc <dlx Jy*is VL* iSljj Lo j5L;Ij (jlJ j lj li 1 y t i li
(( .jlS" JA
<As in Allahs Book , I have more right to the

believers (than anyone else). Whoever dies leaving a
debt or dependents, call me because I am their
sponsor. And whoever leaves wealth, it is for those
who are his nearest of kin.>2
Similarly, Abu Hurayrah (4*0 reported that Allahs Messenger ($&)

said:
Lj ^ li)yLt j.LI j A f^y> [*4 1"^ Û- b J j l b I))

*
<1 have more right to the believers than themselves.

Whoever dies leaving debt, it is upon me to pay it
off; and whoever leaves a wealth, it is for his heirs.> 3
And Abu Hurayrah (-4*) reported that Allahs Messenger ($&) said:
jl IJ jjil J LjjJI (j Aj jJ j ] bl VI yAy* y* b>

*
<There is no believer but I have the most right to
him in this world and the hereafter. Read if you
wish:
I p o o . p l p j\
The Prophet has more right to the believers than

themselves. 4
<Iyi IS" yA A" ..si r. Ajy ^J) (VLl i ) LoyAyA L_^
1 A l-A hzab 33:6.

2 Recorded by Muslim.
4 A l-A hzab 33:6.
The Final Bequest 29 Texts Concerning Inheritance
Thus, any believer who dies leaving wealth, let those

who are his nearest of kin inherit him. and whoever
dies leaving a debt or dependents, let them come to
me, because I am their sponsors 1
And Abu Hurayrah (4^>) reported that Allahs Messenger ( 0 ) said:

* * ^
LlI VI y A y y * o!
J * * > *
.VyA LiLi LcLw? j I Lj i tiJj J
<By the One in Whose hand is Muhammads soul,

there is no believer on the surface of the earth but I
have more right to him than anyone else. Thus,
whoever among you leaves a debt or dependents, I
am their sponsor. And whoever leaves wealth, it is
for those who are his nearest of kin.> 2
Jabir (4#b) reported that Allahs Messenger ( 0 ) said:
<1 have more right to every believer than himself.

Whoever leaves a debt, it is my responsibility; and
whoever leaves wealth, it is for his heirs.> 3
From the above reports (and similar ones that will follow in the
discussion of the maternal uncle), we conclude the following:
1 Recorded by al-Bukhari.
2 Recorded by Muslim.
3 Recorded by Ahmad, Abu Dawud, and an-NasaT. Verified to be authentic by al-
Albanl (Irw a ul-G halil no. 1416).
1. The Islamic state, represented in these hadiths by the Prophet (0 ),

is responsible for every individual of its citizenship.
2. The Islamic state guarantees paying off the debts of a deceased

whose estate is not enough for that.
3. The Islamic state is responsible for the children and other

dependents of a deceased whose estate is not enough to support
them.
4. A deceaseds inheritance goes to his legal heirs, and the Islamic

state has no share in it.
5. Only in the absence of legal heirs does the Islamic state take the
inheritance.
A b ro g a te d P r a c tic e s
I n c l u d in g W o m e n in t h e Estate
Women are not part of the estate to be inherited by the heirs. That was
a practice of Jahiliyyah that Islam abrogated. Ibn Abbas (t^>) reported
that a male heir used to inherit the wife of a deceased relative and
force her to stay within her house or give up her mahr (dowry) . So
Allah ( |) prohibited this in what follows:
0 you who believe, it is not lawful for you to

inherit women by compulsion.* 2
H e ir s by Oa th
A Muslims legal heirs are his close relatives specified in the Quran
1 Recorded by al-Bukharf and others.

2 An-Nisa 4:19.
and Sunnah. One may not add to them by an oath. During Jahiliyyah
and the early period of Islam, the Muslims used to appoint some non
relatives as their legal heirs (as in the case of the brotherhood instituted
between the Muhajiriin and the Ansar). Allah (t$g) abrogated this and
told them that they may only bequeath some of their property to them:
o ttfj jW ijji *rj . l i i jk fj
r r . L J K o i' i g i i . ' j i j s
And for all, We have made heirs to what is left by

parents and relatives. And to those to whom your
oaths have bound you: give them their share (as a
bequeathal). Indeed, Allah is a witness over all
things. 1
S p e c ifie d S h a re s
C h il d r e n and Pa r e n t s
Allah ($g) has decreed the shares of a deceaseds offspring and parents
in the following ayah:
^ jt i / jjj art j's^f^y

s s *
14U Sjl>ij cJis jij u. dL* ^ 1 :l j

jl<r 0! S j llf Ir'Ajj L^L. JL>Ij jk j .UJf!
oii .iijb l rji tijjj 'j jjL jJ z 'fj jii .aij a
jl Jlaj J - a AâlLi j i l aJ jL S
. Lkij j j j L ^ l
1 An-N isa 4:33.

\ \ *L J I <0 -,1
Allah instructs you concerning your childrens

(inheritance): a male receives a share equal to that
of two females. But if they (the children) are only
women, and are more than (or equal to) two, their
share is two thirds of that which he (the deceased)
had left. And if there is only one woman, her share
is half (of the estate). And for his parents, each ones
share is a sixth of that which he left if he had
children. But if he had no children, and the parents
inherit from him, the mothers share is one third.
And if he had siblings, the mothers share is a sixth.
(These distributions should be done) after the
payment of any bequeathals that he may have made
or debts (that he may have had). Your parents and
offspring you do not know which among them are
nearest to you in benefit. (These shares are) an
ordainment imposed by Allah. Indeed, Allah is
Knowing and Wise. 1
The ulama derive many important instructions from this ayah, the
most relevant of which to our discussion are the following:
1. The debts and bequeathals are taken out of the estate before
dividing the rest among the heirs.
2. A deceaseds offspring share in his estate, a son receiving twice as

much as a daughter. This is done after taking out any ordained
shares.
3. The grandchildren take the position of the children in their absence.
4. If the deceaseds offspring are only females (two or more), they

receive two-thirds of the estate, which is then equally divided
among them.
1 A n-N isa 4:11.

5. If the deceased is survived by only one daughter, she receives one-

half of the estate. If, in addition, there are granddaughters, they
share one-sixth, bringing the total for the daughters to two-thirds
(as in the previous point). This is further supported by Ibn
Masuds explicit hadith in this regard (see below).
6. In the presence of children, the parents receive one-sixth each.
7. In the absence of children, if the deceased leaves brothers or sisters

full, paternal, or maternal, then the mother receives one-sixth.
The fathers share in this case is determined differently (discussed
later).
8. In the absence of children and siblings, the mother receives one-

third. This one-third does not apply to the whole estate, but only
to the remaining part of it after taking out any prescribed shares.
This is the opinion of Umar, Zayd Bin Thabit, and others among
the sahdbah, as well as the majority of the ulama after them
as will be discussed next chapter.
Spouses and M a t e r n a l S ib l in g s
The following ayah deals with the share in the inheritance of the
spouses and maternal siblings:
^
9 . % // /
Lfj ay-fj-L j-f CrP
olirob ,'jjj & I* .> j'i

' '' , // / t /
7/ / / J| ^ <6 ^ M || *!'* i'' i
j U T ? J* u6^
< } < i <1' 1 i ^ ***1-
jl c 1 W J MS jl
f 4 i k f t i jL i ju J l L^L> jl>Ij jk ii
/ j*
NY *L J I < 0 ^ iit f j . i t f '&* aL ^ , .p>

You receive one half of that which your wives leave
if they have no child. If they have a child, you
receive one fourth of what they leave after
payment of any bequeathals that they had made or
debts (that they had). And they receive one fourth of
that which you leave if you have no child. If you
have a child, they receive one eighth of what you
leave after payment of any bequeathals that you
had made or debts (that you had). If the man or
woman whose inheritance is in question has neither
ascendents nor descendents, but has a (maternal)
brother or sister, each one of them two receives a
sixth; and if they were more than two, they share a
third after payment of any bequeathals that had
been made or debts (that are owed), and that are not
intended to cause harm (to the legal inheritors). This
is a commandment from Allah; and Allah is ever
Knowing and Tolerant. 1
Among the instructions that we derive from this ayah are the
following:
1. A husband receives one-half of his wifes estate if she does not

have any offspring from him or other men, immediate or
grandchildren. Otherwise, he receives one-fourth.
2. A wife is a woman who was married to the deceased when he died,

or that was divorced by him a non-final (third) time and had not
completed her iddah (waiting period). If there are more than one
wife (maximum four) for a deceased, their share is divided equally
among them.
3. The wives receive one-fourth of their husbands estate if he does

not have any offspring from them or other women, immediate
1 An-Nisa 4:12.
or grandchildren. Otherwise, they receive one-eighth.
4. There is a consensus among the ulama that the brothers and

sisters mentioned in this ayah are the maternal siblings, because the
shares of the other siblings are mentioned in the ayah at the end of
Surat an-Nisa (4:176).
5. The shares of males and females of the same rank (brother and
sisters, uncles and aunts, sons and daughters, etc.) are such that a
male receives twice as much as a female.
6. The maternal siblings are the only exception to the above rule. If
there is only one maternal sibling, he (or she) receives one-sixth.
If there are two or more, they share one-third.
Full and P a t e r n a l S ib u n g s
When a deceased does not have branch (offspring and below) or origin
(fathers and above) heirs, his inheritance is called kalalah, which
means borders or margins. It is thus named because the only possible
heirs for such a person are his margin relatives instead of the origin
and branch heirs.
The kalalah case for a deceased who is only survived by maternal
siblings has been dealt with in the previous ayah (an-Nisa 4:12). The
following ayah deals with the kalalah for one who is survived by
paternal or full siblings:
[ j j j a l i i& J o! Jt ^
jk s j j j | 1 & .d j <cX\ iJj . Jj j Jj
\ i! a jlilill U4 ii \ju\S j l i . j f j 14]

/ ^ ^ A ^ /
jl . Jo U i
> *l ji <0 jU c jk , 'Af\j. 1J L s ji
They ask you for a legal ruling. Say, Allah gives

you a ruling concerning kalalah (leaving neither
descendents nor ascendents). If it is a man that dies

leaving no child but only a sister, she receives half of
what (estate) he left. And he inherits her
(completely) if she (dies first and) has no child. But
if they are two sisters, they receive two-thirds of
what he left. And if they are both brothers and
sisters, a male receives the share of two females.
Thus does Allah make clear to you (His laws) lest
you go astray. Allah is All-Knower of all things. 1
This ayah indicates that if a deceased leaves only paternal or full

siblings, it will be one of the following cases:
1. If there is only one sister, she receives half of the estate.
2. If there are two or more sisters, two-thirds of the estate is divided

equally among them.
3. If there is only one brother, he receives all of the estate.
4. If there are mixed brothers and sisters, the whole estate is divided
among them, giving a male twice as much as a female. 2
D a u g h t e r , G r a n d -D a u g h t e r , and S is t e r
Abdullah Bin Mas ud (4i>) was once asked in regard to the

inheritance of a daughter, granddaughter, and sister (surviving a
deceased). He said, My judgement in this case is that of Allahs
Messenger (ife):
<The daughters share is one-half, that of the sons
1 A n-N isa 4:176.

2 Among the explanations given by the scholars regarding this male/female ratio is
that a male is usually responsible for the financial support o f the household, and
needs a larger share for that purpose, whereas a females share is mostly saved or
invested for her personal benefit.
daughter is one-sixth, and whatever remains is for

the sister.> 1
Ne a r es t Male
After giving the heirs with prescribed shares their portions, anything
remaining after that is given to the nearest male to the deceased or
divided among those who are equally near.
Ibn Abbas (($*>) reported that Allahs Messenger ($&) said:
c S ji L i <aUI <_5Jlc j t allyJI Jjkl ou JLLI I
* #
<Divide the wealth among the heirs with prescribed
shares, according to Allahs Book. Whatever is left
after that, (give it) to the nearest male person (to the
deceased).>2
In another report, Ibn Abbas (t$&) reported that Allahs

Messenger ($&) said:
. J > j jJj'ili Ji* L i . LfLL Ja>\âJI I
<Give the ordained shares to their rightful heirs.

Whatever is left after that, (give it) to the nearest
male person (to the deceased).> 3
N o n -S ta n d a rd H e ir s
In the absence of standard legal heirs, the inheritance goes to other

relatives who are further away from the deceased. If the deceased has
absolutely no relatives, the Islamic state takes the entire estate.
1 Recorded by al-Bukharf and others.

2 Recorded by Muslim, Abu Dawud, and Ibn Majah.
3 Recorded bv al-Bukhan. Muslim anH r>th<.i-c
M a t e r n a l Un c l e , and the I s l a m i c St a te
The following hadTths indicate that a khal (maternal uncle) becomes an

heir for a deceased who has no standard heirs. If that is not an option,
the estate goes to the state.
Umar (<$*>) reported that Allahs Messenger ( 0 ) said:
*
((. a) L? *a) aU^
<Allah and His Messenger are the guardians of the

one who does not have a guardian; and a maternal
uncle inherits from the one who does not have any
(closer) heirs.> 1
Al-Miqdam (4&>) reported that Allahs Messenger ( 0 ) said:
6aJ ^ A f 6AJ ^ ^ I))

j i *
(( . 4J Lo Ju j l X
>dLb <4J O j Ij V ^ J L? J Li IJ
<1 am the heir of anyone who has no heir. I fulfill his

obligations and inherit his wealth. And a maternal
uncle is the heir of anyone who has no heir. He
fulfills his obligations and inherits his wealths 2
Al-Miqdam (4&>) also reported that Allahs Messenger ( 0 ) said:

A ^ A A
AJu-j? j I LjO dJy <A-mJ>3 y
A) d ^ i>* d -^ ^ a*o S^*

ity <aJ (d#-4 0^ d^-4 .A*jLfr ciljlj aJLs <-jjl
A
(( .AiC JjUUj aJLo
1 Recorded by at-Tirmithi and Ibn Majah. Verified to be authentic by al-Alban! (Irwa

ul-G haltt no. 1700).
2 Recorded by Abu Dawud, al-Hakim, and others. Verified to be authentic by al-
Albanl (Irw a 'u l-G h a lil no. 1700).
<1 have more right to every believer than himself.

Whoever leaves a debt or dependents, it is upon me
(to take care of them); and whoever leaves wealth, it
is for his heirs. I am the guardian of one who has no
guardian, I inherit his wealth and fulfill his
obligations. And a maternal uncle is a guardian for
one who has no guardian. He inherits his wealth and
fulfills his obligations^ 1
Aishah, Abu ad-Darda, and Abu Hurayrah (i^) reported that

Allahs Messenger (i&) said:
.a) O jlj >jIj JULI

<The maternal uncle inherits from those who have no
(standard) heirs.> 2
Abu Karlmah (^b) reported that Allahs Messenger (H) said:
/ i l l ^ l i y S dJjJ J y
( ( t
^J A*- 1taJ Ij LjIj . jj

a
(( .Aj^jj A* Ji_j <J 'i ^ d>j\j JU-lj

<Whoever leaves wealth, it is for his heirs; and
whoever leaves dependents, it is upon Allah and His
Messenger (to take care of them). I am heir for one
who has no heir. I fulfill his obligations and inherit
him. And a maternal uncle is heir for one who has
no heir. He fulfills his obligations and inherits him.> 3
1 Recorded by Abu Dawud and others. Verified to be hasan by al-Albani ( I r w a ul-

GhalTl no. 1700).
2 Recorded by at-TirmithT and others. Verified to be authentic by al-AlbanT ( I r w a ul
GhalTl no. 1700 and as-Sahlhah no. 1848).
3 Recorded by Ahmad and Ibn Majah. Verified to be hasan by al-AlbanT ( I r w a u l -
GhalTl no. 1698).
A S i s t e r s S o n
Anas (4k) reported that once the Prophet (SO summoned the Ansar.
When they all came he said, -il J* <Is there anyone else
beside those who are present?> They replied, No, except the son of
a sister of ours. He ( 0 ) then said:
(( ^ 0 > l (^>1))
<The son of a familys sister is one of them.> 1
This is taken as evidence that, in the absence of relatives who are

closer to the deceased, a nephew from the sisters side may inherit.
S p e c ia l In d iv id u a ls
The following are individuals who are dealt with in a special way in
matters of inheritance.
T h e P r o p h e t
No portions of the wealth left by the Prophet (H ) could be inherited

by his relatives after him. What he left became a property of the
Islamic state.
Once al-Abbas and AIT ($k) went to Umar (4k)- In his presence,
there were Talhah, az-Zubayr, 'Abd ur-Rahman Bin Awf, and Sad
Bin Abl Waqqas (4k)- They were arguing, and Umar told them,
Didnt you know that Allahs Messenger ($&) said:
' * *
V li[_j j Vj Ju? JU J i
<A11 of the Prophets wealth is charity, except for

that which he feeds or clothes to his family. And we
(prophets) cannot be inherited.>?

They replied, Yes! He said, Allahs Messenger (H ) used to spend

of his wealth on his family, and give away the remainder as charity.
When he (H ) passed away, Abu Bakr was in charge, and he did as
Allahs Messenger ( 0 ) used to do. 1
Abu Bakr (4&) reported that Allahs Messenger ( 0 ) said:
.f t J u y j y L ^ J l U L J Ijl A ll j l
<Verily, when Allah grants something to a prophet,

it goes to the one who becomes in charge after
him.> 2
Huthayfah (4$s>) reported that Allahs Messenger (iH) said:
<A prophet may not be inherited.> 3
Also Abu Bakr (4&>) reported that Allahs Messenger ( 0 ) said:
. JILI I j a ^ Jl J i'L Lcjj . L9 1*5"J i La
<We (prophets) may not be inherited. Whatever we

leave is charity. The family of Muhammad may only
eat from this wealths 4
Aishah reported that Allahs Messenger ($^) said:
JLLI l i * L ijj . i i j u ? L# <A j j j Y
1 Recorded by Abu Dawud, and at-Tirmithl (in ash-Sham atf). Verified to be hasan
by al-AlbanT (as-Sahlhah no. 2038).
2 Recorded by Ibn Majah. Verified to be authentic by al-AlbanT (lrw a ul-G halil
no. 1241).
3 Recorded by Abu Ya'la. Verified to be authentic by al-Albanl (Sahih u l-Jam i
no. 6799).
.^*J jh \ 'Jj Jj c^> liLi pf-JLd

<We (prophets) may not be inherited. Whatever we
leave is charity. This wealth can only be used by the
family of Muhammad for their needs and guests.
When I die, it goes to the one who will be in charge
after me.> 1
Abu Hurayrah (^>) reported that Allahs Messenger ($&) said:
<ULt3 J u u fZ S y La . I j L j i 7 jjj *)f))
<My offspring may not divide even one dinar (of my

inheritance) after me. After my wives support, and
my representatives expenses, everything that I leave
will be charity.> 2
A F e t u s
When someone passes away, it is possible that one or more of the

related women are pregnant, and the children they bear could be heirs
after birth. Ex., if the deceaseds wife is pregnant, the child in her
womb could be a major heir. The condition for a fetus to inherit is that
it is born alive even for a brief moment.
Abu Hurayrah (4&>) reported that Allahs Messenger ( 0 ) said:
<As soon as a baby cries (at birth), it inherits.>3
1 Recorded by Abu Dawud. Verified to be hasan by al-Albani ( as-Sahlhah no. 2038).

3 Recorded by Abu Dawud and al-Bayhaql. Verified to be authentic by al-Albanl
(.Irw a u l-G h a ltl no. 1707).
AChildof Zina
Ibn Umar reported that Allahs Messenger ( 0 ) said:
((. J i J j j j j V <bj jJj j J bjl)) I j \ jALc

*
<Whichever man commits zina with a free or slave
woman, the child (that she bears) is a child of zina.
It neither inherits (from him) nor gives him
inheritances
Aishah, Abu Hurayrah, and other sahabah ($*.) reported that Allahs
Messenger (iH) said:
.4 4 u < ^ i> ju 4 ^ i
<A child belongs to the mattress (where it was born),

and the one who committed adultery receives the
stones (as punishment).>2
Abdullah Bin Amr 0$b) reported that Allahs Messenger ($&)

said:
(b b Î i t ^> ^ AJI | ))
S.>1t I jjjC jJLi <L^j LÎ L$5LLc jLol jL$"
(iJjÎ i 1^*1I aLs ^ ? La *âJ 1^
, #> b l a J ^ J J I b j j l i l i j ^ Y , . 4 ^ *aJLa j, aj 4
jpj-e V A)Li <Lfj S jl LfisJU V ij\ jii* ji j
JaV bj jJj t Lcjl jA aJ { jJI jlSj [ j
1 Recorded by at-Tirmithi. Verified to be authentic by al-Albani (Sahlh ul-Jami

no. 2723).
(( . Jj> I j I 4J> i \ j j \ Jut I
<For an annexed individual, after the death of his

father to whom he was attributed, and if the heirs
claim him after him, (he has the following cases):
1) If he was from a slave woman whom he (the

deceased) owned when he had intercourse with
her, he should be annexed to him. But he receives
no share of what had already been divided of the
inheritance (before his approval). He only
receives his share of whatever has not yet been
divided (when he is approved).
2) If the father to whom he is attributed denies him,

he may not be annexed to him.
3) If he was from a slave woman whom he (the

deceased) did not own, or from a free woman
with whom he committed zina, then he is a child
of zina who should be attributed in either case to
his mothers family. And he may not be annexed
(to the deceased), nor may he inherit from him
even if he claimed him to be his.> 1
Childof aPregnant Slave Woman
It is not permissible to have intercourse with a pregnant woman who

is a captive of war, because that would lead to a confusion in the
lineage of the baby, which would reflect on inheritance and other
matters.
Abu ad-Darda (4t#&) reported that Allahs Messenger ( 0 ) passed
by a pregnant woman (from the captives) standing by a tents entrance
(after a battle). He exclaimed, ?Lf; jUJ jl *LJ <Perhaps he (her
master) plans to have intercourse with her?> He was told, Yes. He
1 Recorded by Ibn Majah. Verified to be hasan by al-AlbanT (Sahih ul-Jami

no. 4549).
said:
% ' * ' c ci
jjj twins'. AAjijft LlaJ ajlxJ I ,j I o^wojft jJiJ
VaJ V j Aj as twins' V jjbj
<1 was about to curse him a curse that would enter

with him into his grave! How could he make it (the
baby) an heir when it is not permissible for him (to
claim it as his own child)? Or how could he employ
him (as a slave) when it is not permissible for him
(to enslave him if he was his own child)?> 1
A K il l e r
A killer may not inherit anything from the one whom he killed
whether the killing was intended or voluntary.
Abu Hurayrah (4) reported that Allahs Messenger ($jB>) said:
y J j UJI))
<A killer does not inherit (from the victim).> 2
One of the sahabah (cOfe>) reported that Allahs Messenger (H ) said:
. o l J j l i J ,j~J
*
<A killer does not receive (a share of the)
inheritances 3
Abdullah Bin Amr reported that Allahs Messenger ($31)

said:
1 Recorded by Muslim and others.

2 Recorded by at-TirmithT and Ibn Majah. Verified to be authentic by al-Albanl (Irwa
ul-G halll no. 1671,1672).
3 Recorded by Ibn Majah. Verified to be authentic by al-Albanl ( I r w a ' u l-G halil
no. 1671).
I a j j l_ ^ i <O j l _ j a J | J j j j .
( ( . L L i (J j I a J I o ^ i " )lj . a J I ^ L J I
<A killer does not receive any part (of the

inheritance). If he (the victim) has no (standard)
heirs, his inheritor will be the nearest (of kin) to
him, and the killer does not inherit anything.> 1
In another report, Abdullah Bin Amr ($) said that Allahs

Messenger ( 0 ) said:
. o l ^ L I ^ J j UU
<A killer does not receive any part of the

inheritances 2
N o n -M u s l im s
Regardless of how closely related to the deceased they might be, non-
Muslims cannot be legal heirs for their Muslim relatives. The only way
they may inherit is through a bequeathal that does not exceed one-third
of the estate.
Usamah, Jabir, and Ibn Amr (40 reported that Allahs
Messenger ( 0 ) said:
* >
(( . g"***i Jjb I J
<The followers of two different religions may not

inherit from each others 3
Usamah (4&) reported that Allahs Messenger ($jk) said:
1 Recorded by Abu Dawud. Verified to be hasan by al-AlbanT (Irwa ul-Ghalil

no. 1671).
2 Recorded by al-Bayhaql. Verified to be authentic by al-AlbanT {1rw a ul-Ghalil
no. 1671).
3 Recorded by Abu Dawud, an-NasaT, and others. Verified to be authentic by al-
AlbanT ( I r w a ul-G halll no. 1675).
p LUl V j .jJLJLI > l J I o y . V
<A kafir cannot inherit a Muslim, nor a Muslim a

kafir.> 1
A d d itio n a l C o n s id e r a tio n s
In what follows, we include a few additional matters related to

inheritance that have no part in the previous sections.
A l l o c a t i o n s P r io r t o I s l a m
Allocations made prior to Islam may not be revoked, because revoking

them would result in chaos beyond possible control.
Ibn Abbas (t$b) reported that Allahs Messenger ( 0 ) said:
i
<i Jj
<Every division (of inheritance) that was made in the

Jdhiliyyah stays according to the way it was divided.
And every division that reached Islam should be
made according to Islam.>2
Ibn Umar reported that Allahs Messenger ($jk) said:
4 t I i> j 15* L^-
^JLc 6 VI j iI ^ O^ ^ y * ^
(( I Aftiiii.^
<Any inheritance that was divided during Jdhiliyyah

2 Recorded by Abu Dawud and Ibn Majah. Verified to be authentic by al-Albani
(Jrw aul-GhalTl no. 1717).
should remain according to the division of

Jahttiyyah. And any inheritance with which Islam
has caught up, it should be divided according to
Islam.> 1
No B e q u e s t t o L e g a l H e ir s
As mentioned in the previous chapter, one may not bequeath any part
of his estate to legal heirs. The only part that they may receive of the
estate is that allotted to them according to the law of inheritance.
Anas and Abu Umamah ($j>) reported that Allahs Messenger ( 0 )
said:
.Jjj\ji <ai J5(_5kcl Ji *1)1 jl

<Verily, Allah has given to everyone who has a right
his due right. Thus, no bequeathal may be made to
a (legal) heir.>2
R e g a i n i n g E a r l i e r C h a r it y
There is nothing wrong with an heir regaining with the inheritance a

gift or charity that he had previously given to the deceased.
Buraydah (4^>) reported that a woman came to the Prophet (H ) and
said, O Allahs Messenger! I gave a slave girl as sadaqah to my
mother. My mother then died, and the slave girl came back to me with
the inheritance! He said:
. o l ( j liLlc ,ii)l jJj>~\ Ji

<Verily, Allah has rewarded you (for your charity),
and has given you back your slave girl as part of the
inheritances
1 Recorded by Ibn Majah. Verified to be authentic by al-Albani {Irwa ul-G halil

no. 1717).
2 Recorded by Ibn Majah, Ahmad, and others. Verified to be authentic by al-Albani
(Irw a'ul-G halTl no. 1413, 1655).
She continued, Also, my mother died without performing hajj. May

I perform it on her behalf? He said, <Yes!> She asked, My
mother also had one months fasting (that she was not able to fulfill).
Does it help her that I fast on her behalf? He said, <Yes!> 1
G iv in g C h a r it y W h il e D iv id in g t h e In h e r it a n c e
If needy and poor people happen to be present at the time of dividing

the estate, they should be given out of the property and treated with
kindness, as Allah (g) says:
)jJ\ I'ilj)
A . L J K O YJ
And when the relatives and the orphans and the

poor attend the division, give them out of it (the
property), and speak to them words of kindness and
justices 2
1 Recorded by Ahmad, Muslim, and others.

2 An-N isa 4:8.
C H A P T E R 4
T H E IS L A M \C L A W O F IN H E R IT A N C E
In tr o d u c tio n
In the previous chapter, we presented texts from the Quran and

authentic Sunnah that provide the basis for deriving the rules of the
law of inheritance. In this chapter, we only present the rules and
guidelines, without much reference to the texts, as we feel that we
have provided sufficient explanation in their regard.
This chapter concisely covers the major aspects of the law of
inheritance. We employ tables and diagrams to reduce space and
present the material in a manner that should be more comprehensible
to the readers.
Despite the fact that slavery does not exist in our time, we have
elected to include slavery-related issues in our discussion of the law of
inheritance. This has several reasons; most importantly for the sake of
completeness, and to enable the reader to understand some issues
related to that when he comes across them in the Islamic literature.
We have followed many of the concepts by illustrative examples
to clarify them. However, we have reserved the next chapter for
extensive examples and case studies.
W a r n in g C o n c e r n in g W e a k R e p o rts
Books on the subject of inheritance commonly start with a citation of

a number of hadiths expressing the importance of this subject. There
is no doubt as to the great importance of the subject, because it sets a
clear methodology for passing down the worldly wealth from
predecessors to successors. Because of this, we saw in the previous
chapter that Allah ($&) has rationalized it in His Book and in the
Sunnah o f His Messenger (M).
However, it is important to note that the commonly cited hadiths
51
are weak and should be avoided. This refers in particular to the

following:
1) The report from Abdullah Bin Amr that the Prophet ( 0 )

said, Knowledge is of three types, and anything beyond that is
unnecessary: a clear ayah, an established sunnah, or a just rule (of
inheritance). 1
2) The report from Abu Hurayrah (4#b) that the Prophet ( 0 ) said,
Learn the Quran and the rules of inheritance, and teach them to
the people, because I will surely be taken away (by death). 2
3) The report from Abdullah Bin Mas'ud (4$&) that the Prophet ( 0 )
said, Learn the knowledge and teach it to the people; learn the
rules of inheritance and teach them to the people; learn the Quran
and teach it to the people. Verily, I will be taken away (by death),
the knowledge will be taken away, and tribulations will become
paramount so that when two people differ about a rule of
inheritance they will not find anyone to arbitrate between them. 3
D e fin itio n s
IL M U L -F A R A ip
The Islamic law of inheritance is called ilm ul-fara id, or the subject
of the injunctions (concerning inheritance). It involves knowing the
rules for dividing the inheritance and distributing it so that each of the
heirs receives his proper share.
1 Recorded by Abu Dawud and Ibn Majah. Verified to be weak by al-Albanl (D a if

ul-Jam i no. 3871).
2 Recorded by at-TirmithT and Ibn Majah. Verified to be weak by al-Albanl (D a lf u l-
Jam i no. 2450).
3 Recorded by ad-Dariml and others. Verified to be weak by al-AlbanT (!rw a ul-
GhalTl no. 1664).
The Final Bequest 53 Inheritance Law
D if f e r e n c e in U n d e r s t a n d in g
It is important to realize that, like any other knowledge or specialty,

the scholars vary in their understanding of this subject. Even the
sahabah (i$g>) varied in this regard, and the Prophet (&) indicated that
the most knowledgeable among them in faraid is Zayd Bin
Thabit (4*0
Anas Bin Malik (4*0 reported that Allahs Messenger (H ) said:
,0 , | * ^ t <. ft j ft
6 AjUI ^*1
t w I a Jl ! I L J jj t ^ 3 X u ?
< J -> iL*-a | l J ^ U - L ^ ô.LftIj < C jb J jj i*

% , f t f t ft t t
.^1jj-l Ju*x jjl i-l J J j
<Of my Ummah, the most compassionate toward my

Ummah is Abfi Bakr, the firmest in regard to Allahs
commands is Umar, the most true in his haya 1 is
Uthman, the best in reciting Allahs Book is LTbayy
Bin Kab, the best in faraid is Zayd Bin Thabit,
and the most knowledgeable about matters of halal
and haram is Muath Bin Jabal. Moreover, every
nation has a trustworthy one, and the one who is
(most) trustworthy of this Ummah is Abu Ubaydah
Bin al-Jarrah.> 2
P i l l a r s a n d C o n d it io n s f o r In h e r it a n c e
For inheritance to take place, it must have the following three pillars,
together with the corresponding conditions for each:
1 Usually translated as shyness or poverty, it rather means shying away from

disobedience and sinning.
2 Recorded by an-NasaT, at-TirmithT, and others. Verified to be authentic by al-AlbanT
(as-Sahihah no. 1224).
Pillar Explanation and Conditions

This is the person who died leaving the estate. His (or
The
her) death (or its equivalent, such as for a missing
deceased
person) must be established.
They are the persons who survive the deceased (even
for a brief moment), are related to him (or her) by one
The heirs
of the ties of inheritance , and there is no
obstructors 2 to their heirship.
This is the deceaseds wealth, property, or other things
that count as wealth and can be passed down, such as
copyrights, right to build on a land, etc. The rules of
inheritance are applied only after payment of the
The
following portions from the deceaseds estate:
estate
1) All funeral-related costs.
2) The deceaseds debts.
3) Any bequest made by the deceased for up to one
third of the estate.
T ie s o f In h e r it a n c e
A person would be a likely heir if he (or she) is related to the deceased

by one of the following three types of relationships:
Relationship Explanation
This includes the offspring, parents, siblings,
Blood
uncles, cousins, etc.
This refers to existing marriages at the time of
death. A divorced woman, however, would inherit
Marriage from her husband if her divorce was not the final
(third) one, and she had not completed her
waiting period (iddah) when he died.
1 Defined below.
2 Defined below.
Relationship Explanation
This is the relationship between a person and a
slave that he emancipated. The inheritance is one
Wald
way, whereby the master may inherits from the
emancipated slave, but not vice versa.
In the next section, we provide details regarding these ties.
In h e r it a n c e O b s t r u c t o r s
A person who would normally be an heir is denied heirship in any of

the following situations:
Obstructor Explanation
A slave and his property are considered to belong to
Slavery the master. Therefore, he may not inherit or give
inheritance.
A killer who kills a person from whom he would
Killing normally inherit is denied the inheritance, whether
the killing was deliberate or involuntary.
Two related persons with different religions may
Difference not inherit from each other (except by bequeathal),
of Religion such as a Muslim child of a kafir parent, or a
Muslim man married to a Christian woman.
T h e H e ir s
In what follows we mention the different relatives, men and women,

who may inherit from a deceased.
M a l e H e ir s
The possible male heirs are fifteen relatives as follows (review the
chart below):
# Males Relationship to the Deceased

1 Son.
2 Sons son, and further down by mere male lineage.
3 Father.
4 Fathers father, and further up by mere male lineage.
5 Full brother (from both parents).
6 Paternal brother (from the father only).
7 Maternal brother (from the mother only).
8 Full brothers son, and further down by mere male lineage.
9 Paternal brothers son, and further down by mere male
lineage.
10 FuII-patemal uncle (fathers full brother).
11 Paternal-paternal uncle (a fathers paternal brother).
12 Full-paternal uncles son, and further down by mere male
lineage.
13 Paternal-paternal uncles son, and further down by mere male
lineage.
14 Husband.
15 Male emancipator (of a slave).
M A L E H E IR S
F e m a l e H e ir s
The possible female heirs are eleven relatives as follows (review the
chart below):
# Females Relationship to the Deceased

1 Daughter.
2 Sons daughter, and further down by mere male lineage.

3 Mother.
4 Maternal grandmother, and further up by mere female
lineage.
5 Paternal grandmother, and further up by mere female lineage.
# Females Relationship to the Deceased

6 Paternal great grandmother, and further up by mere female
lineage.
7 Full sister.
8 Paternal sister.
9 Maternal sister.
10 Wife.
11 Female emancipator (of a slave).
FEMALE HEIRS
It is important to note that, in the case of female heirs, the

inheritance stops at them and does not move on to their children as in
the case of male heirs.
T y p e s o f H e ir s
Heirs are classified, in accordance with their relationship to the

deceased, into three types:
1. Branch Heirs. The branch (or stirps) heirs (BH) are the deceaseds
offspring, their offspring, and so on.
2. Origin Heirs. The origin heirs (OH) are either male (father,
grandfather, etc.), or female (mother and grandmothers).
3. The Margins. The margins include the fathers branches (the

deceaseds brothers and sisters) and the grandfathers branches (the
deceaseds paternal uncles).
P r e s c r ib e d S h a re s
The prescribed shares (furud\ singular: fard) are the specific allocations
determined in the Quran or Sunnah. They are one-half, one-third, one-
fourth, one-sixth, one-eighth, and two-thirds. They hold for various
individuals based on the fulfillment of certain conditions. In what
follows we describe the situations where these ratios are applicable.
A b b r e v ia t io n s
For the sake of reducing the size of the share-table below, and to limit
repetitious terms, we define the following abbreviations:
Abbr. Explanation
U The heir is unique (no other similar individuals) in his
or her class of relationship to the deceased.
BH The deceased has branch-heirs.

MOH The deceased has male origin-heirs.
Abbr. Explanation
PA The heir has a paternal associate (asib), such as a
daughters brother, or a granddaughters male cousin.
HBH The heir has higher-ranking branch-heirs.
FS The deceased has full siblings (brothers or sisters).
2MS The deceased has two or more siblings (brothers
and/or sisters) half or full.
Fa The father survives the deceased.
Mo The mother survives the deceased.
T a b l e o f S h a r e s
In the following table, we use the abbreviations from the previous sub
section. In order for an individual to receive a particular share, the
required conditions for him (or her) are marked with y (yes) or n
(no). Ex., for a daughter to receive Vi of the estate, U and not(PA)
must hold, which means that she should be the only daughter, and she
should not have any brothers to cause taslb.
All of the conditions marked for a specific individual must hold
simultaneously. The only exception is when the mother receives 1/6,
as indicated in the following sub-section. Additional non-common
conditions for some individuals are also indicated after the table.
Conditions
x/y Individual
U BH MOH PA HBH FS Fa Mo 2MS Notes
Husband n 1
Vi
y
n
Sons y
n n
F. sister y
n n n
Conditions
x/y Individual
U BH MOH PA HBH FS Fa Mo 2MS Notes
P. sister y n n n n
Husband y
'/4
Wives n 2
'/s Wives y 2
s n n 2
Sons s n n n 2
%
F. sisters n n n n 2
P. sisters n n n n n 2
Mother n n 3
Vi
M. siblings n n n 2,4
Father y
Mother y y 5
P. Gfather y n 6
1/6 Gmothers n 2,7
Sons s n 2,8
P. sisters n 2,9
M. sibling y n n
Symbols: F = full, P = paternal, M = maternal, O - offspring, S> = daughter, G = grand
N o t e s a n d A d d i t io n a l C o n d it io n s
1. The only case that there would be more than one Q/i) share is for
a husband with one sister.
2. The share for 2 or more of the same class (wives, daughters, etc.)
is equally divided among them.
3. A special case is when, in addition to the mother, the deceased is

survived by a father and a spouse. In such case the mother receives
V3 of the remainder. This case will be discussed in detail later.
4. Maternal siblings have the following specific properties:

1) Both their males and females receive equal shares of the 16.
2) They cause their mothers share to drop from Vz to 1/6.
5. Only one of the two conditions must hold for the mother to
receive 1/6.
6. A grandfather may be an heir provided that there is no female link

between him and the deceased. Thus, a mothers father, for
example, cannot be an heir. The mother of such a grandfather
cannot be an heir either.
The scholars have two different opinions regarding the
grandfathers share:
a) He takes the position of the father in his absence. In such a

case, he would cut off heirship the deceaseds full and paternal
siblings. This is the opinion that we accept.
b) The grandfather shares with the deceaseds full and paternal

siblings.
7. Also, there should not be a nearer grandmother surviving the

deceased.
8. Also, one of the heirs must be a higher daughter or sons daughter

inheriting Vi. The reason for this is that, in the absence of brothers,
a deceaseds daughters receive % of the estate. If, however, the
deceased had left only one daughter in addition to sons daughters
all without 'asibs (brothers), the daughter receives V2, and the
granddaughters share 1/6, so that the total would be 2A
9. Also, one of the heirs must be a full sister inheriting Vi. This is
similar to the previous case.
Ta'sTb
Inheritance reaches an heir via two routes, fard (prescription) or ta'slb.

The ta'sib's portion of the inheritance has no prescribed ratio. It could
be large, small, or even null depending on the fard amounts (see
previous section).
Ta'sTb derives from usbah, which means clan; paternal relations;
agnates. An individual inheriting through ta'slb is called asib.
Thus, usbah arises from kinship relationships. This has three
forms: independent 'usbah, 'usbah by association, and usbah by
joining with others. These forms of usbah are explained in the
following sub-sections.
In d e p e n d e n t U s b a h
Independent usbah applies to all of the male heirs that were

mentioned earlier, except for the husband and maternal brother.
An independent asib may have one of the following situations:
1) If he is alone, he receives all of the estate. Ex., if a deceased

is only survived by a son, he takes everything.
2) If there are individuals with prescribed shares, they receive

their shares, and he receives anything left after that (see the
hadith of Ibn Abbas (t$s>) last chapter). Ex., a man dies leaving
a wife and a son. The wife receives Vs by prescription, and the
son receives the rest by ta'sib.
3) If the prescribed shares cover all of the estate, the asib drops
from heirship. Ex., a woman dies leaving a husband, mother,
maternal brother, and paternal uncle. The husband receives xh ,
the mother lA, and the maternal brother 1/6. This covers all of
the estate, causing the paternal uncle to drop from heirship.
There are exceptions to this rule:
a) The sons may not be overruled by the prescribed shares.
b) The father and grandfather turn from ta sib to prescription.

The one of the them who inherits would then receive 1/6.
R a n k s o f In d e p e n d e n t T a s i b
There are five ranks of independent tasib:
Rank Relationship
First Sonship (sons, grandsons, and further down by
mere male lineage)
Second Fatherhood (father, grandfather, and further up by
mere male lineage)
Third Brotherhood (full and paternal brothers, and their
sons to any depth, by mere male lineage)
Fourth Unclehood (full-paternal and paternal-paternal
uncles, and their sons to any depth, by mere male
lineage)
Fifth Emancipation. This is a one-way heirship, where
the person who freed a slave, as well as his
independent usbah. become heirs of that slave.
Rule: The existence of a asib of a higher rank cuts off the

heirship for those of lower ranks. This is called hajb. Ex., a father
cuts off the uncle, and a son cuts off the brother.
Thus in a particular inheritance case, it is not permissible to have
more than one asib or a team of 'asibs (asib of the same rank).
The only exception to this rule is the second rank. If there is a son
for the deceased, he causes the father or grandfather to turn from
tasib to prescription, receiving a share of 1/6.
Rule: If there are different asibs of the same rank, the one of
closer kinship to the deceased cuts off the others. Ex., a paternal
brother cuts off a full brothers son.
Rule: If there are different asibs of the same rank and same
closeness to the deceased, the one of stronger relationship cuts off
the others. Ex., a full brother cuts off a paternal brother.
T a s i b b y A s s o c ia t io n
This form of tasib applies to female individuals as follows:
Relationship Condition
Daughters They have brothers.
Sons They have brothers or cousins of equal rank (or
daughters lower ranking cousins in the absence of brothers
and cousins).
Full sisters The deceased is survived by full brothers.
Paternal The deceased is survived by paternal brothers.
sisters
In the above cases, the shares are divided such that a male receives
twice as much as a female. Thus, the females turn from being heirs by
prescription to being heirs by tasib.
It should be noted that the males affecting this transformation for
the female heirs maintain their positions of independent ta'slb, with its
rules as presented in the previous sub-section.
Ex., a man leaves a full brother, a paternal brother, and two
paternal sisters. The paternal siblings do not receive anything because
of the stronger relationship of the full brother to the deceased.
Ex., a man leaves a father, full brother, and three full sisters. The
siblings do not receive anything because of the fathers higher ranking.
J o i n t T a $ I b
Joint tasib has two forms:
1) A full sister with daughters and/or sons daughters. Ex., a man

leaves a daughter and two full sisters. The daughter receives her
Chapter 4 6 6 The Final Bequest
prescribed Vi, and the two sisters divide the rest by ta sib.
2) A paternal sister with daughters and/or sons daughters. Ex., a man

leaves two daughter and a paternal sister. The daughters receive
their prescribed 2h, and the sister receives the rest by ta sib.
It should be noted that the daughters or sons daughters receive

their prescriptions regardless of the presence of sisters.
Also, when a full sister has joint ta'sib, she would cut off anyone
who would otherwise be cut off by a full brother. The same is true in
regard to paternal siblings.
Hajb
Hajb is a process whereby a person is cut off heirship either

entirely or partially. It derives from hajaba, meaning veiled or
screened.
T o t a l H a j b
Total hajb occurs when the existence of some individuals entirely cuts
off others from heirship. Ex., one dies leaving a father and full brother.
The fathers existence entirely cuts off the brother from heirship.
Total hajb is applicable to all heirs except the parents, immediate
offspring, and spouses.
P a r t i a l H a j b
Partial hajb occurs when the existence of some individuals reduces the
shares of others in the inheritance. Partial hajb is applicable to all heirs
without exception.
Ex., when one dies leaving a wife and a son. The wifes share is
reduced from V4 to Vs because of the son.
Ex., when one dies leaving only one son, he takes the entire estate.
But if he left two sons, they would divide the estate in half, reducing
the share of either one.
C a lc u la tin g th e S h a re s
There are some practical procedures that need to be established before

one can preform complex calculations of inheritance. In this section,
we address the most important of them.
C a s e W in d o w
It is conventional to represent an inheritance case in a window as

follows:
The individual heirs are listed in the central column, their

proportions of the estate are listed in the left column. The right column
lists the shares, which are the full numbers corresponding to the
fractional portions. The box at the top provides the total of the
individual shares, which is conventionally called the base of the
case.
Conventionally, the left column is totally eliminated and replaced
by the right one. But we will normally include it in this book for
additional clarity.
Ex., a man dies leaving a wife, mother, and son. The cases
window is as follows:
24
Vs Wife 3
1/6 Mother 4
R Son 17
This means that the estate is divided into 24 equal shares, giving the
son 17 shares, the mother 4, and the wife 3.
In c r e a s in g t h e B a s e
Increasing the base, conventionally called a w a is required in cases

where the total number of shares is more than the base. This can only
happen when all of the heirs inherit by prescription. The base is then
increased to reflect the correct total. Ex., a woman dies leaving a
husband and two full sisters. The cases window is as follows:
6
Vi Husband 3
F. sister 2
%
F. sister 2
Thus, the total fractional shares (V2+ 2/3=7/6) are larger than 1, and the
shares (3+2+2=7) are larger than the base (6). So, the base is changed
to correct for this discrepancy, and the window is presented with the
original base strike out and replaced by the new base as follows:
67
l/2 Husband 3
F. sister 2
%
F. sister 2
S p e c ia l C a s e s
T h e T w o C a s e s o f U m a r
These are two special inheritance cases that have been briefly
referenced earlier. Solving them in the conventional way seems to
result in a contradiction. They are as follows:
1. Husband, mother, and father. 2. Wife, mother, and father.

6 12
!/2 Husband 3 1/4 Wife 3
1/3 Mother 2 1/3 Mother 4
R Father 1 R Father 5
This shows that in the first case, the mother receives twice as much as
the father, and in the other she receives slightly less. This is in conflict
with the general rule of inheritance stating that if there is a male and
a female from the same rank, the male receives twice as much as the
female. Because of this, Umar (4$s>) chose to give the mother xh of the
remainder after giving the spouses their shares. His opinion was
approved by the sahabah and most of the ulama after them.
Thus, the above two cases become as follows:
6 4
1/2 Husband 3 1/4 Wife 1
Mother 1 Mother 1
R R
Father 2 Father 2
M a t e r n a l B r o t h e r s C u t t i n g -o f f F u l l B r o t h e r s
This case applies when the deceaseds survivors are a husband, a

mother, two or more maternal brothers, and any number of full
brothers. The normal rules of inheritance result in cutting off the full
brothers, while giving lA to the maternal brothers (left table)!
That appears to be unfair. The full brothers are the same as the
maternal brothers in that they all have the same mother. In addition,
the full brothers are closer to the deceased in that they share with her
the same father as well. Because of this, Umar and many other
scholars after him have agreed in this case to treat the full brothers as
maternal brothers, so that they all share xh of the estate (right table).
1. Before 2. After
6 12
Vi Husband 3 Vi Husband 6
1/6 Mother 1 1/6 Mother 2
M. brother 1 M. brother 1
lA
l/ 3
F. brother 0 F. brother 1
R
F. brother 0 F. brother 1
G r a n d f a t h e r w i t h S ib l in g s
If the deceased is survived by a paternal grandfather and siblings

(paternal or full), the scholars (from the sahabah and after) differ into
two opinions in regard to the grandfathers share:
a) The first opinion is to treat him exactly as the father, in which case
he would cut off the siblings.
b) The second opinion is that, after giving any prescribed shares, the
grandfather receives the maximum of: '/s or the remainder, equal
share as the brothers, or 1/6 of the total estate.
We adopt the first opinion, which was taken by Abu Bakr (4&>) 1in
the presence of all of the sahabah (4s0 without any objection from
them.
1 In tla m ul-M uwaqqi in, Ibn ul-Qayyim (X^5) mentions twenty different reasons for
favoring the first opinion.
The second is the opinion of Umar and others among the

sahabah ($&). It leads to many complications that we will not discuss.
S e c o n d D is tr ib u tio n
Second distribution, or radd, is opposite to awal. It occurs if the total

prescribed shares are less than the full estate, leading to extra shares
without heirs. Those extra shares are redistributed among the heirs by
reducing the base of the case to the total of the original shares. There
are two conditions for radd:
a) The prescribed shares do not cover the full estate.
b) No 'asib is available to receive the residual estate.
Whereas radd can apply to anyone with a prescribed share, most

of the scholars exclude the spouses, so that when the second
distribution is made, the spouses maintain their original shares.
In the following, we will look at examples in the absence and
presence of a spouse.
1. N o S u r v iv in g S p o u s e
If the surviving heir is only one person, he takes the whole estate. Ex.,
if the deceased is only survived by a daughter, she receives half of the
estate by prescription, and the other half by radd.
If the survivors are one class, the residual estate is divided equally
among them. Ex., if the deceased is survived by two daughters, they
receive % by prescription (V3 each), and the remaining lA is divided
equally among them, so that each one receives a total of V2 .
If the survivors are of different classes, the individual shares are
added up, and the base is replaced by that sum, as in the following
examples:
65
65
Vs Mother 2
1/6 Grandmother 1
V2 F. sister 3
Vi F. sister 3
1/6 M. brother 1
45 8 469
Vi Daughter 6 1/6 Mother 3
Sons 1 M. brother 2
daughter
1/6 '/s M. brother 2
Sons 1
daughter M. brother 2
2 . T h e r e Is a S u r v iv in g S p o u s e
If there is only one surviving heir (or class of heirs) beside the spouse,
the spouses share is given to the spouse, and the full remainder is
given to the other heirs as a combination of fard (prescription) and
radd. The following is an example:
V* Wife 2
F. sister 3
3/4
F. sister 3
Note that the sisters would normally receive 2A by prescription, but

received an extra (3/4 - % = 1/12) by radd.
If there are various classes of heirs with the spouse, the problem is
divided into four steps (see following examples):
1. In the first step, the spouse is given his or her share, and the
remaining shares R are given to the other heirs.
2. In the second step, radd is applied to the other heirs without

the spouse.
3. In the third step, the shares of the other heirs after radd are
multiplied by the remaining shares R, and then rationalized
(reduced to the smallest numbers) if possible.
4. Finally, all shares are unified with the proper proportions and
included in one column.
8 6 4 28 32
Vs Wife 1 . 4
y2 Daughter 3 21 21
7
1/ 6 Mother 1 7 7
4 63 3 4
Wife t
/4
> M >
!/3 Mother 2 2 2
3
1 /6 M. brother 1 1 1
8 42 6 6 8

Wife 1 1
1 /4
Wife 1 HIPitlltlit 1
M. brother 2 2 2
1 /3
M. brother 2 2 2
6
Grandmother 1 1 1
1/6
Grandmother 1 1 1
S u c c e s s iv e D e a th s
M e a n in g and Pro cedure
Successive deaths, or munasakhah, refers to situations where, after one

dies, and before dividing the inheritance, one (or more) of the heirs
dies. The procedure for solving an inheritance problem for such cases
is as follows:
1. The problem regarding the first deceased (D,) is solved.
2. The problem regarding the second deceased (D2) is solved.
3. The share of (D2) from the estate of (D,) is determined.
4. The shares of the heirs of (D2) are then proportionally calculated

from the estate of (D,).
Ex a m p l e
A man died leaving a wife, a daughter, a mother, and a full brother.

Before dividing the inheritance, the daughter died leaving a son, in
addition to the relatives left by her father. The solution to this problem
is presented in the following table:
24 6 24
Vs Wife 3 Mother (1/6) 1 5
l/2 Daughter 12 MM BBBH
HR
1/6 Mother 4 4
R F. brother 5 5
Son (R) 5 10
The first column shows the shares of the heirs from the first deceased
(base 24). The second column shows the heirs of the second deceased
(mother and son). The third column shows the shares of the heirs from
the second deceased. The last column presents all shares relative to the
first deceaseds estate.
The munasakhat cases can get very complicated, and the books of
faraid usually deal with them in depth and treat various special cases.
All of that is beyond the scope of this book, and we feel that the above
summary gives an adequate overview of this subject.
S im u l t a n e o u s D e a t h s
There are situations where two or more persons, who would normally
inherit from each other, die together in an accident, such as a fire,
drowning, explosion, and so on.
In such cases, if it is possible to determine the sequence of death,
the problem reduces to that of successive deaths discussed above.
If it is not possible to determine the sequence, they would not
inherit from each other.
In h e r ita n c e o f a F e tu s
C o n d it io n s fo r a F e t u s s H e ir s h ip
When a person passes away, if the following conditions hold:
a) It is established that an embryo or a fetus exists in the womb of a

woman related to the deceased,
b) The fetuss relationship to the deceased makes it a potential heir,
c) And the fetus is subsequently bom alive,
This fetus is then a legal heir to the deceased.

In such cases it would be best to delay dividing the estate until
after the fetus is delivered, because that would eliminate possible
mistakes and doubts in regard to the division. However, if the other
heirs insist on dividing the estate, the division may be done while
reserving the maximum possible share that the fetus may possibly
receive.
P o s s ib il it ie s fo r th e Fetus
There are many possibilities for the fetus. A number of these may be
eliminated in some pregnancies by applying modern technological
methods, such as ultrasonic scanning.
The major possibilities are the following:
1. The fetus is bom dead (D).

2. The fetus is bom a living male (M).
3. The fetus is bom a living female (F).
4. The fetus is born a living male/male twin (MM).
5. The fetus is bom a living male/female twin (MF).
6. The fetus is bom a living female/female twin (FF).
Other possibilities are rare and need not be considered.

P o s s ib il it ie s for th e O t h e r H e ir s
In the presence of a fetus, the other heirs could be three types:
1. Heirs whose share is not affected by the outcome of the pregnancy.

These heirs are given their full share.
2. Heirs who would drop out from heirship under some outcomes of
the pregnancy. Those cannot receive anything before delivery.
3. Heirs whose share would vary depending on the outcome of the

pregnancy. Those are given the minimum possible share. If, after
the delivery, it is found that they deserved a higher share, the
difference would then be given to them.
Ex a m p l e
Let us take the example of a man who dies leaving a mother, a

pregnant wife, and a paternal uncle. The various possibilities for the
heirs shares are presented in the following window:
24 24 24 24 24 24 24
Mother 8 4 4 4 4 4 4
Wife 6 3 3 3 3 3 3
P. uncle 10 0 5 0 0 1 0
Fetus (child) 0 17 12 17 17 16
D M F MM MF FF 17
This shows that, out of 24, the mothers possible shares are (8, 4), the
wifes possible shares are (6, 3), and the uncles possible shares are
(10, 5, 1, 0). By giving each of these three individuals the minimum
possible share, 17 of 24 shares will be reserved until the fetus is bom
(right column).
Note that the computations may be simplified by considering just
two possibilities for the fetus: FF and MM, because they allow it the
highest share.
M is s in g P e rs o n s
D e f in it io n
In the subject of inheritance, a missing person is a person who has

disappeared for an extended period of time, so that it is not known
whether he is dead or alive.
The scholars differ as to what period of time should be allowed
before deciding that a missing person is dead. The most reasonable
view is that no general rule can be set, but a Muslim judge should
decide on individual cases. Matters taken into consideration when
making such a decision are the age of the missing person, the
circumstances of his disappearance, the land in which he disappeared,
and so on.
I n h e r it a n c e of a M is s in g P e r s o n
A missing persons estate may not be divided among the heirs until it
is known for sure that he is dead, or until the judge issues a decree
considering him dead.
A M is s in g H e ir
If the missing person is an heir of a deceased, the same conditions

should be applied as in the previous case in order to consider him
dead. If the judge sets a certain waiting period before such a
consideration, the division of the estate should be postponed until that
period passes.
If, during the waiting period, the other heirs demand division of the
estate, a maximum possible share should be reserved for the missing
person as in the case of pregnancy.
H e r m a p h r o d ite s
Hermaphrodites are individuals who have both male and female sexual
organs, or an organ that resembles neither.
In some cases, one of a hermaphrodites organs will be ineffective,
allowing the other organ to determine its gender. Other behavioral and
medical considerations could also determine the stronger of the two
genders. In terms of inheritance, the hermaphrodite is then considered
to be of the stronger gender.
In cases where it is impossible to specify a hermaphrodites gender,
its share is then halfway between a males and a females.
R e la tiv e s T h ro u g h F e m a le L in e a g e
D e f in it io n
Relatives through female lineage (thaw ul-arham) are the relatives

whose relationship to the deceased occurs through one or more female
links, and who do not normally inherit from a deceased neither by
prescription nor by taslb. They are eleven classes as follows:
c Relatives Source of Lineage Origin

0. of & 0
1 0. of a sons & Sons 2> 0

And further down 0
0. of a F. sister F. sister p
2 0. of a P. sister P. sister p
0. of a M. sister M. sister M
@ of a F. brother F. brother P
3
& of a P. brother P. brother P
& of a F. brothers son F. brothers son P
c Relatives Source of Lineage Origin

of a P. brothers son P. brothers son P
4 0. of a M. brother M. brother M
M-P uncle, as well as fathers
5 Father P
and Gfathers
All P. aunts (F, P, M), as well
6 Father P
as fathers or Gfathers
J( ) of a F-P uncle F-P uncle P
fJ> of a P-P uncle P-P uncle P
SJ of a M-P uncle M-P uncle P
7
$ of a F-P uncles son F-P uncles son P
J( ) of a P-P uncles son P-P uncles son P
& of a M-P uncles son M-P uncles son P
M. uncles and aunts (F, P, M) Mother M
8 Fathers M. uncles and aunts Fathers mother P
Mothers M. uncles and aunts Mothers mother M
M. non-inheriting Gfathers Mother M
9
P. non-inheriting Gfathers Fathers mother P
M. non-inheriting Gmothers M. Gmother M
10
P. non-inheriting Gmothers P. Gmother P
Anyone who is related to the
Nearer relative
11 deceased through one of the
providing the lineage
above relatives
Symbols: F = full, P = paternal, M = maternal, O = offspring, = daughter, G = grand
In h e r it a n c e
The relatives through female lineage would inherit from a deceased

only if he left neither usbah nor prescription heirs (other than the
spouses).
The scholars differ in regard to the order of inheritance of the
above relatives. The opinion that we choose is that an existing maternal
relative substitutes for the relative who was his or her link to the
deceased.
For example, a full or paternal sisters offspring are related to the
deceased, through their mother (the deceaseds sister), through her
father, who is the deceaseds father. Thus we say that their relationship
is through paternal lineage. On the other hand, the maternal uncles
and aunts are related to the deceased through maternal lineage. As for
the deceaseds grandchildren, they are related to him through his
children. Thus, theirs is an offspring lineage. All of this is provided in
the Origin column of the above table.
The following rules should be applied in determining the
inheritance of those relatives:
1. If there is only one relative, he or she takes the whole estate.
2. For relatives from the same origin, those who are nearer to the
deceased or of stronger link to him cut off the further relatives.
3. Maternal uncles and maternal aunts substitute for the mother and
receive her share.
4. Maternal-paternal uncles (fathers maternal brothers) and paternal

aunts substitute for the father and receive his share.
5. Other relatives from different origins substitute for the relatives

through whom they connect to the deceased.
6. Males and females of the same class receive equal shares.

Ex a m p l e
A man dies leaving a maternal uncle, two daughters of full sisters, and
two daughters of maternal sisters. The solution is as follows:
Heir Substituting for 67

M. uncle Mother (1/6) 1
F. sisters daughter F. sister (Vi) 2
F. sisters daughter F. sister (Vi) 2
M. sisters daughter M. sister (1/6) 1
M. sisters daughter M. sister (1/6) 1
C H A P T E R 5
E X A M P L E S A N D C O M P U T A T IO N S
All of the examples in this chapter are relatively simple. A few more
complicated cases have been presented with the discussions of the
previous chapter. More complex cases are beyond the scope of this
book.
In the following examples, R means the remainder of the estate
after giving all determined shares.
S im p le C a s e s o f S h a re A llo c a tio n
The following exercises are briefly annotated to help the reader

understand share-allocation in simpler cases. This would provide a
good basis for understanding more complex cases. The gender of the
deceased, though unimportant, is sometimes determined by the
spouses gender.
Heir Share Notes

Wife Vs By prescription.
Mother 1/6 By prescription.
Daughter Vi By prescription.
P. uncle R By taslb.
Heir Share Notes

83
Heir Share Notes

F. brother R By ta s ib .
P. uncle 0 The brother cuts him off.
Heir Share Notes

Wife Va By prescription.
F. brother 2R/5 By ta s ib .
F. brother 2R/5 By ta s ib .
F. sister R/5 By ta s ib .
P. uncle 0 The brother cut him off.
Heir Share Notes

Daughter Y i By prescription.
Sons daughter 1/6 Remained of the %.
F. sister R/2 By ta s ib .
F. sister R/2 By t a 's ib .
Heir Share Notes

Wife (V 8) /2 By prescription.
Wife (V s )/2 By prescription.
Daughter Y i By prescription.
Father R By t a 's ib .
F. brother 0 The father cuts him off.

The Final Bequest 85 Examples and Computations
Heir Share Notes

Husband Va By prescription.
Daughter V i By prescription.
Father R 1/6 by prescription, the rest by ta s ib .
Heir Share Notes

Mother 1/6 By prescription.
F. sister R By joint tasib (with the daughter).
Heir Share Notes

Sons daughter V i By prescription.
F. uncles son R By ta s ib .
Heir Share Notes

Emancipators son R By tasib.
Heir Share Notes

Daughter y3 By prescription.
Daughter y3 By prescription.
Emancipators F. brother R By tasib.
Heir Share Notes

Emancipators son All By independent tasTb.
Emancipators daughter 0 She is 'asib by association.
S im p le W in d o w C a s e s
Finding the base and individual shares from individual ratios is a

process that sometimes requires a reasonable ability in dealing with
numbers and performing arithmetic computations. Yet, we elect not to
teach this to the readers, expecting them to be able to perform the
computations by themselves or find some help in performing them.
3 24
Son 1 Vs Wife 3
Son 1 Son 14
R
Son 1 Daughter 7
4 4
Son 2 Va Husband 1
Daughter 1 Son 2
R
Daughter 1 Daughter 1
5 6
F. brother 2 1/6 Mother 1
F. brother 2 1/6 M. brother 1
F. sister 1 R F. brother 4
6 6
1/6 Mother 1 Vi Husband 3
*4 Daughter 3 Vi Mother 2
R P. brother 2 R F. brother 1
8 24
y8 Wife 1 y8 Wife 3
y2 Daughter 4 1/6 Mother 4
R P. brother 3 Vi Daughter 12
1/6 Sons daughter 4
24
R F. brother 1
% Wife 3
1/6 Mother 4 72
R Son 17 y8 Wife 9
Daughter 16
2
% Daughter 16
Vi Husband 1
Daughter 16
Vi F. sister 1
R F. brother 15
24
24
Vs Wife 3
Vs Wife 3
1/6 Mother 4
1/6 Father 4
Vi Daughter 12
R Son 17
R F. brother 5
0 P. brothers son 0
72 16
y8 Wife 9 Wife 2
l/4
Daughter 16 Wife 2
2A Daughter 16 F. brother 6
Daughter 16 R F. sister 3
1/6 Grandmother 12 F. sister 3
R F. brother 3
9
9 Daughter 2
Daughter 2 2/3 Daughter 2
2/3 Daughter 2 Daughter 2

Daughter 2 F. sister 1
R P-P uncle 3 R F. sister 1

F. sister 1
72
Wife 9 12
V*
Wife 9 1/6 Mother 2
F. sister 16 l/2 Daughter 6
2/3 F. sister 16 1/6 Sons daughter 2
F. sister 16 P. sister 1
R
P. brother 2 P. sister 1
R P. brother 2
P. brother 2
72 84
Wife 9 14 Husband 21
lA
Wife 9 1/6 Mother 14
Grandmother 4 1/6 Father 14
1/6 Grandmother 4 Son 10
Grandmother 4 Son 10
M. brother 8 R Daughter 5
V3 M. brother 8 Daughter 5
M. brother 8 Daughter 5
P. Uncle 9 0 Grandfather 0
R
P. Uncle 9 0 F. brother 0
E x a m p le s o f Awal
6 10 69
Yi Husband 3 Yi Husband 3
Yi F. sister 3 P. sister 2
2/3
1/6 P. sister 1 P. sister 2
1/6 Mother 1 M. brother 1
Yi
M. sister 1 M. brother 1
!/3
M. sister 1
67 a 13
y2 Husband 3 % Wife 3
1/2 F. sister 3 P. sister 4
%
1/6 Grandmother 1 P. sister 4
1/6 Mother 2
n 17
V a Wife 3 42 15
P. sister 4 14 Wife 3
%
P. sister 4 F. sister 4
2/ 3
M. brother 2 F. sister 4
/ 3
>/3
1/6 Mother 2 M. brother 2
68 24 27
1/2 Husband 3 >/8 Wife 3
F. sister 2 Daughter 8
% 2 /3
F. sister 2 Daughter 8
1/6 Grandmother 1 1/6 Mother 4

1/6 Father 4
A P P E N D IX I: W IL L F O R M
Based on the discussions in the previous chapters, we present on the

following pages a complete, ready to fill, Will. We also include an
affidavit for self-proving. One may photocopy the following forms for
personal, non-commercial use.
G e n e ra l R e m a rk s
1. This Will does not dispose of property that passes on the death of
the Testator to a person by operation of law or by any contract. For
example, the Will does not dispose of joint tenancy assets or the
Testators spouses share of community property (unless a waiver
is signed), and it does not normally apply to the Testators
retirement plan benefits.
2. This Will is not designed to reduce taxes. The tax results of the
choices made in this Will should be discussed with a competent tax
advisor.
3. The original of the Will should be kept in a secure location such

as a safe deposit box at a bank, because only the signed original
can be probated. A copy could be kept in the Testators personal
files. The Testator may wish to provide a copy to his or her
lawyer, or possibly to the person named as Executor. However,
before distributing such copies, the Testator should consider that it
may become awkward to retrieve them later, should the Testator
decide to modify the Will and/or change the designation of
Executor.
4. In most state, the Will cannot be changed by adding, deleting, or

modifying words on the face of the Will. Such changes are usually
disregarded. When important changes are desired, it is
recommended to make a new Will that expressly revokes the
former one.
91
Appendix I: Will Form 92 The Final Bequest
S ig n in g In s tr u c tio n s
1. This Will is not valid unless it is signed by a Testator who is of

sound mind and of the minimum age for the country or locality.
In most of the United States, the minimum age is eighteen, but
some states permit an individual below the minimum age to sign
a will if the person is married or in the military. Being of sound
mind requires that the Testator: (a) knows that he or she is signing
a will, (b) knows the general nature and extent of his or her
property, and (c) knows the relatives that would ordinarily be
expected to share in the estate.
2. If the Testator is unable to sign due to physical disability, another

person may sign on his or her behalf, in his or her presence, and
at his or her express direction. However this document does not
provide the necessary language for another person to sign for the
Testator. For assistance with this procedure, a lawyer should be
contacted.
3. The Will should be signed by the Testator in the presence of three

DISINTERESTED adult witnesses and a notary public. Many states
require only two witnesses, but the signature of a third witness
provides some protection against the possibility that one of the
witnesses signature would be invalid for some reason. For
example, a beneficiary under the Will should not be a witness. In
most states, a beneficiarys signature does not necessarily
invalidated the Will. However, if it is counted in order to satisfy
the minimum number of witnesses, that interested witness may
not receive a share of the estate any larger than if the Testator had
died without a will.
4. All of the witnesses must watch the Testator sign this Will. The
Testator should verbally declare that that document is intended to
be his or her Last Will and Testament, but the witnesses need not
read the Will or know its contents.
5. Each witness must sign his or her name with the Testator and the
The Final Bequest 93 Appendix I: Will Form
other witnesses present. The witnesses should be satisfied that the

Testator willingly signed the document as his or her free and
voluntary act, and that the Testator was of full age and sound
mind.
6. The Testator should initial on the bottom margin of each page of

the Will. This is done to prevent the subsequent substitution of
pages.
7. The date should be filled in appropriately, using the date on which

the actual signing takes place. This step could become essential to
the validity of the Will if, for instance, the Will revokes an earlier
will.
A ffid a v it
1. The self-proving affidavit (Proof of Will in some states) is a

document that should be attached to the end of the will, and that
contains the Testators acknowledgement and the affidavit of the
witnesses, made before a person authorized to take and certify
acknowledgements and administer oaths.
2. The affidavit states that the requisite formalities were observed in

signing the Will.
3. Although the affidavit is not required for the legality of the Will,
it can speed admission of the Will to probate after the death of the
Testator, because it eliminates the need to have a witness appear at
the probate proceeding to testify that the formalities in signing the
Will were followed. The witnesses may not be available later when
they are needed.
4. A self-proved Will may be admitted to probate without additional

witnesses or affidavits, but it is still subject to contest on such
grounds as undue influence, lack of testamentary capacity, or prior
revocation.
Appendix I: Will Form 94 The Final Bequest
5. Some states do not recognize the self-proving action. Therefore, the

affidavit will be of no use in those states. However, including it
will not invalidate the Will.
T h e W ill
The Will follows on the next pages, followed by the affidavit. Other
necessary forms are presented in the next appendix.
W ith t h e N a m e o f A l H h t h e M o s t M e r c ifu l, t h e B e s t o w e r o f M e r c y
Wyt SsilmmcWilX S c C e tfta m e n t
TESTATOR
Name 1
Birth Date
City o f Residence
County
State or Province
Country
I ,__________________________________________, being o f sound mind and memory, do hereby revoke

any and all o f my former wills and amendments, and declare this my last Will and Testament.
P R E A M B L E
T h e S h a h A d a h T e s t im o n y o f F a it h
. i l l ! .u > i j ) x ^ \ j . i l l V I J l V j l j f i ]
A sh-hadu a lia ilah a illallah , w a ash -h adu an na M uham m adan rasulullah.

I testify that there is no true deity except Allah, and that Muhammad ( 0 ) is A llahs messenger.
I bear witness that Allah is the Creator o f the Heavens and Earth, and the God o f Adam, Nuh
(Noah), Ibrahim, Musa (M oses), and Isa (Jesus). I bear witness that Allah's promises are true and
we will certainly meet with Him, Paradise is true, the Day o f Judgement is com ing without any
doubt, and Allah (exalted be He) will surely resurrect those in the graves.
C o u n s e l t o M y B e l o v e d O n e s
The follow ing is my counsel to my beloved spouse, children, relatives, friends, Muslim brothers and
sisters, and all those who survive me:
% Strive to be true M uslims. Worship our Creator (3$) as He alone is to be worshipped.
Direct your absolute fear, hope, love, and submission to Him alone. I exhort you with what
Ibrahim and Ya'qub exhorted their children:
1 Identify the Testator consistently and unequivocally throughout the will. Use the name normally used on legal
documents.
WILL & TESTAM ENT Page 1 o f 11

Testator's Initials
nr r s^ ji <o 'd j^ f$j v| jSjis Su jjTjk j art ,! ^ i:>
0 my children, Allah has chosen for you this true religion, so do not die
except in the faith of Isldm. 1
% Revere Allah and be conscious o f Him. B e prepared for departure from this life. Take
provision o f good deeds. Keep the company o f the scholars and righteous Muslims. Let
your appearance and behavior reflect Islam, in the best way. Strive to spread and establish
the religion o f Islam .
% Obey Allah and His M essenger (peace be upon him). Hold fast to the M essengers Sunnah
(teachings), and the guidance o f the s a la f (righteous early Muslims). I exhort you with the
M essenger Muhammad's ( ill) last exhortation to his followers: <The p rayer ... the
p rayer ...> 2 So, maintain the prayers at their prescribed times.
I A lw ays supplicate for me and ask Allah to forgive me and have mercy on me.
I Avoid all acts o f disobedience. Beware o f innovations or altering any o f the teachings of
Islam . I disown before Allah any act o f disobedience or innovation that anyone might
com m it after me.
W h a t t o Do W h e n D e a t h C o m e s
(1) When death approaches me, have M uslims o f knowledge and piety attend me, and let them
remind m e o f maintaining good thoughts about my Lord, hoping for His mercy and forgiveness,
and constantly uttering the Shahadah.
(2) Rem ove from my presence anything that dispels the angels o f mercy, such as pictures or statues
o f humans and animals, dogs, bells, improperly attired women, music, smoking, etc.
(3) After my soul departs, I ordain the follow ing to my family or those who are present:
I C lose my eyes.
I Make good supplications for me (without raising their voice), invoking mercy and
forgiveness for me.
I Take measures to quickly prepare me for the burial.
I A void announcing my death on loud speakers or in newspapers.
I Stop prompting me to say the S h ah adah after my soul had departed from my body.
I Hasten to pay o ff my debts.
(4) N o person dies before his appointed time. So, I ordain to my family the following:
I D o not preoccupy yourselves with my death, but instead make the proper preparations for
your own.
I Maintain patience, self-composure, and submission to Allah's decree.
I D o not raise your voice, wail, strike your cheeks, or call out with the calls o f ignorance
that reflect dissatisfaction with A llahs decree.
I W omen may not mourn 3 over me for more than three days, except for a widow who is
t Al-Baqarah 2:132.
2 Recorded by Ahmad and others from Umm Salamah, Anas, and Ibn 'Umar (4fe). Verified to be authentic by al-AlbanT
($afiTh ul-Jamt no. 3873).
3 Mourning is a display of sadness through abstaining from common show of pleasure and happiness.
W ILL & TESTAM ENT Page 2 o f 11 ________________

Testator's Initials
Copyright Al-Kitaab & as-Sunnah Publishing (PO Box 2542, Arlington, TX 76004), 1999. All rights reserved.
allowed to mourn over her husband for four months and ten days until her iddah 1 is
completed.
F u n e r a l
(5) I ordain that all o f my funeral and burial procedures be performed by M uslims in full
compliance with the Islam ic religion and the Sunnah o f the M essenger ( 0 ) . 2 Absolutely no
n o n -lslam ic religious services or observances may be conducted upon my death, or on my body.
In particular:
Autopsy or embalmment may not be performed on my body unless required by law.
I My burial may not be delayed for reasons IslamicaW y unjustifiable, such as awaiting a
specific day, or the arrival o f a particular person.
I M y body should be washed three or five times (or more if needed) with soap and water,
adding camphor or perfume on the last time.
t M y body should be wrapped with three plain white perfumed sheets o f cloth that are free
o f ornaments and other articles.
I I should be buried where I die; my body may not be transported over any unreasonable
distance except as needed to reach the nearest Muslim cemetery.
> My funeral procession should be expedited.
t Women and incense burners may not accompany my funeral procession.
> During my funeral, voices may not be raised with reciting Q u ra n , uttering the Shah adah,
or any supplications. Silence should be maintained, and those present should contemplate
over the event and supplicate for me in their hearts.
I The funeral prayer upon me should be conducted outside the graveyard, and not among
the graves.
The largest possible number o f M uslims should be invited to pray upon me, they should
be arranged in a minimum o f three rows, and they should be instructed to supplicate for
me sincerely and extensively.
B u is Al a n d t h e G r a v e
(6) I ordain that:

I My grave should be dug in accordance with the specifications o f the Sunnah.
I If possible, my grave should be made as a lahd. 3
I My body should be buried without a casket or any other encasement that separates the
wrapped body from the surrounding soil. In the event that the local laws require casket
encasement, I ordain that such encasement be o f the simplest, m ost modest, and least
expensive type.
I My body should be laid in the la h d on the right side, with the face to the Q ib la h , and my
back supported with bricks.
I The men who lay down my body should say: B ism illah i, w a a la m illa ti R a su lilla h (with
Allah's name, and upon the religion o f Allah's M essenger 0 ) .
I N o pillow may be placed under my head, no perfumes or decorations may be sprinkled
in my grave, and no worldly possession may be buried with me.
1 Period of waiting before she can consider re-marrying.

2 Thir,subject is covered extensively in our book, Funerals, Regulations & Exhortations.
*3 Near the bottom of the grave, in its wall facing Qiblah (the direction of Makkah in Arabia), a horizontal niche is made
Iggge enough for the body to be placed in it.
WILL & TESTAM ENT Page 3 o f 11 ________________

Testator's Initials
Cnnvriphi Al-Kitaah A as-Sunnah Publishing (PO Box 2542, Arlington, TX 76004), 1999. All rights reserved.
> Each one attending my burial should pour three handfuls o f dust into the head end o f my
grave.
t After finishing my burial, the M uslims should be urged to stay for about fifteen minutes
around my grave, supplicating for me quietly, and asking Allah to grant me mercy,
forgiveness, and firmness o f words when questioned by the angels in the grave.
(7) I ordain that:

I N o structure may be built over my grave.
I The soil over my grave should be raised no more that a hand span.
I N o fence may be built around my grave.
I N o writing, or sym bols may be placed on my grave, except for a simple rock or inscription
o f my name to mark it so that other family members may later be buried in it.
V io l a t io n s o f I s l a m
(8) I ordain that innovations, violations o f Islam , and practices o f the non-Muslims, should all be
prevented at my funeral. In particular:
I N o one may wear black as a sign o f mourning.
I N o pictures, decorations, flowers, wreaths, flags, or symbols may be included at any stage
o f my burial, nor be placed at the site o f my grave.
I Recitation o f Q u ra n (even S u ra t u l-F atihah or Y asm ) may not be done over my body
during the funeral procedures.
C o n d o l e n c e s
(9) I ordain that:

I The people should be instructed to express their condolences in proper Islam ic terms and
manner.
M y family may not prepare food for the people who visit to comfort them, nor are they
to hire or appoint men to recite Q u ra n for the occasion.
I Gatherings may not be arranged for the specific purpose o f receiving condolences,
especially those made on Fridays, on the third day, after one week, forty days, annually,
etc.
I disown before Allah, the M ost High, every action or saying that conflicts with the Sunnah o f the
noble M essenger ( 0 ) .
Finally, I ask all my relatives, friends and all others, whether they choose to believe as I believed
or not, to honor my right to these beliefs. I ask them to honor this document, and not to obstruct
it or change it in any way. Rather, let them see that I am buried as I have indicated above, and let
my estate be divided as I indicate below.
A R T I C L E I - F U N E R A L A N D B U R IA L P R O C E D U R E S
(1) I hereby nominate and appoint one o f the follow ing, in this sequence, as dictated by their
availability and willingness, to execute all foregoing and necessary provisions for my proper Islam ic
funeral and burial.

Testator's Initials
FUNERAL ADM INISTRATOR
First Choice Second Choice Third Choice
Name Nearest Muslim Imam
Address
Tel.
(2) In the event o f legal difficulties in administrating my funeral, I direct my Administrator to seek
counsel from learned Muslim men or reputable Islam ic organizations.
A R T I C L E II - E X E C U T O R A N D G U A R D IA N
Ex e c u t o r
(1) I hereby nominate and appoint one o f the follow ing, taken in this sequence, as dictated by their
availability and willingness, to be the sole Executor 1 o f this W ill and Testament.
WILL EXECUTOR 2
Address
Tel.
(2) I give my Executor, herein named, power to settle any claim for or against my estate, and power
to sell any property, real, personal or mixed, in which I have an interest.
(3) I direct that no bond or surety for any bond be required for my Executor in the performance
o f his/her duties.
(4) It is my will that no other action shall be had in the court in the administration o f my estate
than to prove and record this will, and to return an inventory and appraisement o f my estate and
list o f claims.
1 This word should be substituted everywhere with "Executrix in the event that the person executing the will is female.
2 It is recommended that the Executor be a young, practicing Muslim. One may appoint a spouse, child, or friend.
WELL & TESTAM ENT Page 5 o f 11 ________________

Testator's Initials
Copyright Al-Kitaab A as-Sunnah Publishing (PO Box 2542, Arlington, TX 76004). 1999. All rights reserved.
G u a r d ia n
(5) I hereby nominate and appoint one o f the follow ing, taken in the same sequence as dictated by
their availability and willingness, and so long as said person remains an upright and practicing
M uslim o f sound mind and judgement, to be the guardian o f the persons and estates o f such o f my
children as shall be minors at and after my death, during their minority:
GUARDIAN
Address
Tel.
A R T I C L E III - M Y A S S E T S A N D L IA B IL IT IE S
( 1 ) 1 own or am owed amounts and items, debts, trusts, businesses, properties, bank accounts, cash,
etc. as is detailed in the attached sheets. 1
(2) I ow e amounts and items, debts, trusts, etc. as is detailed in the attached sheets. 2
A R T I C L E IV - S E T T L E M E N T O F D E B T S A N D E X P E N S E S
(1) I direct that all trust properties in my possession be returned to their rightful owners. I further
direct that my Executor first applies the assets o f my estate to the payment o f all my legal debts,
including such expenses incurred by my last illness and burial, as w ell as the expenses o f the
administration o f my estate. I direct said Executor to pay any outstanding obligations that are
binding on me before Allah, including unpaid zakah (obligatory Isla m ic charity), vow s, kaffarat
(expiating Islam ic obligations), and unperformed H a jj (pilgrimage to Makkah).
(2) I direct that all inheritance, estate and succession taxes (including interest and penalties thereon),
payable by reason o f my death, shall be paid out of, and be charged generally against, the principal
o f my residuary estate without reimbursement from any person; except that this provision shall not
be construed as a waiver o f any right which my Executor has, by law or otherwise, to claim
reimbursement for any such taxes which becom e payable on account o f property, if any, over which
I have a pow er o f appointment.
1 Use the forms provided in Appendix II of this book.

2 Use the forms provided in Appendix II of this book.

Testator's Initials
Copyright Al-Kitaab Si as-Sunnah Publishing (PO Box 2542, Arlington, TX 76004), 1999. All rights reserved.
A R T I C L E V - C O N T R I B U T I O N S A N D T R A N S F E R S
(1) I bequeath the follow ing items and amounts as testamentary transfers and/or charitable
contributions to the named persons and organizations.
Name of Person or Organization Item Value
Total %
(2) The foregoing contributions shall be taken from the remainder o f my estate after execution of
Article IV, such that their total does not exceed one third o f said remainder. Otherwise, each o f the
foregoing contributions shall be proportionally reduced to make the total within the one-third limit.
A R T I C L E V I - D IS T R I B U T I O N O F T H E R E S ID U A R Y E S T A T E
(1) I direct and bequeath all o f my residuary estate, after the execution o f ARTICLES IV and V,
as well as any portion o f my estate disclaimed or refused by any o f the legatees named or referred
to in this W ill and Testament, only to my Muslim heirs w hose relationship to me, whether
ascending or descending, has occurred, at each and every stage, through blood relationship or lawful
marriage. The distribution o f my residuary estate shall be made strictly in accordance with the
Islam ic Law o f inheritance, as is summarized in the table attached herewith.
(2) I direct that no part o f my residuary estate shall be inherited by a non-Muslim relative, except
legatees specifically named in ARTICLE V.
(3) Should I die as a result o f murder, I direct that the adjudged murderer, principal or accessory
in the murder, shall be disqualified from receiving any part or share o f my estate.
(4) I direct that no part o f my estate shall be given to relatives w hose relationship to m e, whether
ascending or descending, has only occurred through non-Islam ic marriage, illicit contact, or
adoption, except: (a) legatees specifically named in ARTICLE V, or (b) individuals who are related

Testator's Initials
Copyright Al-Kiiaab & as-Sunnah Publishing (PO Box 2542, Arlington, TX 76004), 1999. All rights reserved.
to me through their biological mother. I further direct that a relationship based on a well-established
Isla m ic marriage shall be accepted whether or not the marriage had been confirmed with the
legal authorities.
(5) I direct that any fetus, conceived before my death, w hose relationship to me qualifies it to be
a legal heir according to Islam , shall be considered an heir, provided that it is born alive, and within
a reasonable term 1 after my death. In such a case, the distribution o f my residuary estate after the
execution o f ARTICLES IV and V shall be delayed until after the birth o f the fetus. If som e o f the
other heirs are in urgent financial need, a disbursement may be extended to them not to exceed their'
minimum possible share after taking the fetuss share into consideration.
(6) I direct that any residuary estate, after the execution o f ARTICLES IV and V and sections 1
through 5 o f ARTICLE VI, to the follow ing tax-exempt Islam ic organization:
A R T I C L E V I I - S E P A R A B I L I T Y
I direct and ordain that if any part o f this last Will and Testament is determined invalid by a court
o f competent jurisdiction, the other parts shall remain valid and enforceable.
C O N C L U S I O N
This is my will, which I have laid out.
\h\ 'ill o! J e JuJ! liJbu ifo

Whoever changes the bequest after hearing it, the sin will be upon those
who make the change. Truly, Allah is Hearing and Knowing. [A l-B aqarah
2:181]
I ask Allah to guide me and all the M uslims and grant us righteousness, a good end, and death
upon the testimony o f Islam .
1 A reasonable period is normally nine months, but varies among women. Thus, medical advise may need to be
consulted in doubtful cases.

Testator's Initials
Copyright O Al-Kitaab A as-Sunnah Publishing (PO Bos 2542. Arlington, TX 76004), 1999. All rights reserved.
T a b le o f S h a r e s
The follow ing table provides the raw shares that are allocated to various individuals according
to the Islam ic law o f inheritance. These, together with the portions allotted to specific male
individuals such as sons and brothers (see follow ing notes), provide most o f the information needed
to determine the exact shares. In som e cases, additional fine-tuning may be needed as explained in
the notes. In order for an individual to receive a particular share, the required conditions for him
(or her) are marked with y (yes) or n (no). Ex., for a daughter to receive V2 o f the estate, U and
not(PA) must hold: only daughter, no brothers. A ll o f the conditions marked for a specific
individual must hold simultaneously. The only exception is when the mother gets 1/6, as indicated
below. Additional non-common conditions for som e individuals are also indicated.
Conditions
x/y Individual Additional Conditions & Notes
U BH MOH PA HBH FS Fa Mo 2MS
Husband n
3
y
n
Vi Sons S y
n n
F. sister y
n n n
P. sister y
n n n n
Husband y
'/
Wives n
V Wives y
s n n
Sons s n n n
%
F. sisters n n n n
P. sisters n n n n n
Mother n n
Vi
M. siblings n n n
Father y
Mother y y Only one of the 2 conditions must hold
P. Gfather y
n Replaces father in his absence
1/6 Gmothers n Replace mother in her absence
Sons Ss n
A higher ranking female must
simultaneously get Vi.
P. sisters n
M. sibling y
n n

Testator's Initials
L e g e n d : F = full; P = paternal; M = maternal; O = offspring; - daughter; G = grand; n = no; y = yes
U = unique (no other heirs in the same class of relationship to the deceased); BH = the deceased has branch-heirs (offspring
MOH = :the deceased has inale origin-heirs (father; P. Gfathers); PA = the heir has gatemal associates (brothers or cousi
of equal class); HBH = the heir has higher-ranking branch-heirs; FS = the deceased has full siblings; 2MS = the deceasi
has t w o or more siblings (half or full); Fa = the father survives the deceased; Mo = the mother survives the deceased.
N o t e s a n d G u id e l in e s
1. The share for 2 or more o f the same class (wives, daughters, etc.) is equally divided amor
them.
2. After giving the prescribed shares to the individuals who deserve them, the remainder is give
to the nearest male relative (or relatives o f the same class). The order o f priority is: offsprin;
fathers, brothers, paternal uncles. Thus, in a case involving 3 daughters, mother, grandson, ar
brother, the daughters get %, the mother 1/6, and the grandson receives the rest (1/6).
3. If there are brothers and sisters in the same class, the shares in the above table cease to ho]
for them, and a fem ales share becom es half a males. Thus, in the case o f 3 daughters, mothe
son, and brother, the mother gets 1/6, and the rest is divided among the 4 children, so that eac
daughter gets 1/6 and the son gets 1/3.
4. If the heirs all have prescribed shares according to the above table (no male heir to receive tl
rest), but their shares do not add up to 1, the shares are redistributed with a new denominati
so that they add up to 1. Thus, in a case involving 3 daughters and mother, the mother gets 1/
and the daughters 2/3, with a total o f 5/6. Taking 5 as the new denominator, the mother ge
1/5, and the daughters 4/5 (4/15 each).
On the other hand, if the case is that o f 3 daughters, mother, and husband, the daughte
get 2/3, the mother 1/6, and the husband 1/4, with a total o f 13/12. Taking 13 as the ne
denominator, the shares become 8/13, 2/13, and 3/13 respectively.
5. A special case is when a deceased is survived by a mother, a father and a spouse. After givir
the spouse her or his share (V* or Vi), the mother gets Vi o f the remainder, and the father ge
the %.
6. For maternal siblings, both males and fem ales receive equal shares (of the Vi).
7. In the absence o f all relatives o f the foregoing table, as w ell as all paternal male heirs, tl
female-linked relatives turn into heirs, with each one substituting for the originator o f his i
her link. Thus, a sisters daughter takes the position o f sister, etc.
WILL & TESTAM ENT Page 10 of. 11 ______________

Testators Initia
Copyright Al-Kitaab A as-Sunnah Publishing (PO Box 2542, Arlington, TX 76004), 1999. All rights reserved.
S ig n a t u r e s
estator. I
In witness whereof, have hereunto set my hand this day, in the presence of the witnesses
ereinafter named, who attest the same at my request.
Day / Month / Year Testators Signature
pouse. Realizing that some localities adopt the Community Property Rule, whereat one-half of the residual
state is considered property of the surviving spouse, I hereby decline such an allocation, declare my full
onsent to my spouses last will and testament, and resign my right to challenge it.
Spouses Name Spouse's Signature
Witnesses.1 We hereby certify that the above instrument was, on the date thereof, signed, published, and
eclared by the Testator,________________________________ as his/her last Will and Testament, in our
resence, who at his/her request and in his/her presence, and in the presence of each other, have hereunto
jbscribed our names as witnesses thereto2, believing said Testator at the time of so signing to be of sound
tind and memory.
Name and Information Signature
Tiis document is made in three copies, all the same and all original. One copy is with me, one is
eposited with the Executor, and one w ith ___________________________________________________ .
It is recommended to choose witnesses who are young, familiar with the Testator, and unlikely to move away soon.
Signatures should be done in the presence of the witnesses and a notary public. The signatures should be original on
all copies. The Testator should also initial each page of the will in the designated place at the bottom.
VILL & TESTAM ENT Page 11 o f 11 ________________

Testator's Initials
A l. V h r t n h X, rfc P i i h l t c h i n o / P H R n t '5S4'? Arlinemn T Y 7MKI41 IQQti All riohtc n*a*.rv*fi
A F F ID A V IT
Before m e, on this day, personally appeared the undersigned, known to me to be the Testator and
the w itnesses, respectively, whose names are signed to the foregoing instrument. All o f these
persons were duly sworn by me. The Testator declared to me and to the witnesses, in my presence,
that the foregoing instrument is the Testators W ill and that the Testator willingly signed and
executed such instrument in the presence o f the witnesses, as the Testators free and voluntary acl
for the purposes expressed in the instrument.
Each o f the witnesses declared in the presence and hearing o f the Testator that the forgoing
instrument was executed and acknowledged by the Testator as the Testators W ill in their p resen t
and that they, in the Testators presence, hearing, and sight, and at the Testators request, and ir
the presence o f each other, did subscribe their names to the instrument as attesting witnesses on the
date o f the instrument, and that to the best o f their knowledge, the Testator was eighteen years oi
age or older, o f sound mind, under no constraint or undue influence, and the witnesses were ol
adult age and otherwise competent to be witnesses.
Testators Name and Information Signature
W itnesss Name and Information Signature
The above individuals subscribed, sworn to, and acknowledged before me,
Day / Month / Year Notary Public
A P P E N D IX II: A D D IT IO N A L F O R M S
On the following pages, we have additional forms that should be

appended to the will as needed. They contain information about
liabilities, assets, and other matters that are subject to frequent changes.
One is advised to make copies of these forms and put them in his
will folder, making sure to keep them up-to-date and attach to them
any required supportive documents. One may wish to reserve a
separate sheet for each of the frequent creditors or debtors. References
could be made to account books, safety boxes, etc.
107
D E B T S & L IA B IL IT IE S O W E D B Y M E
In the following table, I include the debts and liabilities that I owe to
various individuals and institutions. A positive amount indicates a debt
owed by me, a negative amount indicates a payment made by me.
Date Creditor Amount Notes & Signature
Testators Name Testator's Initials

Copyright Al-Kitaab & as-Sunnah Publishing (PO Box 2542, Arlington. TX 76004), 1999. All rights reserved
D E B T S O W E D T O M E
In the following table, I include the debts that are owed to me by

various individuals and institutions. A positive amount indicates a debt
owed to me, a negative amount indicates a payment made to me.
Date Debtor Amount Notes & Signature

Copyright Al-Kitaab & as-Sunnah Publishing (PO Box 2542, Arlington, TX 76004), 1999. All rights reserved
A S S E T S T H A T I O W N
In the following table, I include items, trusts, businesses, properties,

etc., that I own or are owed to me.
Approx.
Item & Description Location
Value

Copyright Al-Kitaab & as-Sunnah Publishing (PO Box 2542, Arlington. TX 76004), 1999. All rights reserved
L IA B IL IT IE S & T R U S T S T H A T I O W E T O O T H E R S
In the following table, I include items, trusts, businesses, properties,

bank accounts, etc., that I owe or hold for others.
Approx.
Item & Description Location
Value

Copyright Al-Kiiaab & as-Siuwah Publishing (PO Box 2542, Arlington, TX 76004), 1999. All rights reserved
P R O M IS E S A N D A G R E E M E N T S
In the following table, I include the promises or agreements between

me and various individuals or institutions.
Date Other Partys Promise or Notes &

Name Agreement Signature

Copyright Al-Kitaab & as-Sunnah Publishing (PO Box 2542, Arlington, TX 76004), 1999. All rights reserved
R E F E R E N C E S
W il l
Al-Hafiz al-Bajls Bequest to His Two Sons (Arabic), Abd ul-Latlf

al-JTlanl, Adwa us-Salaf Bookshop, Riyadh, 1419 (1998).
Al-Wasiyyah (The Will), Salih al-Atram, Dar ul-Watan, Riyadh,
1410 H.
Al-Wasiyyat ush-Shariyyah (The Islamic Will), Mansur Anwar

Muhmud AshmawT, Dar Ibn Hazm, Beirut, 1993.
Al-Wasiyyat ush-Shariyyah (The Islamic Will), Dar us-Sahabah, Cairo.
Al-Wasiyyat ush-Shariyyah (The Islamic Will), Maktabat ur-Risalah,

Beirut, 1978.
Hathihi Wasiyyat ul-Abd il-Faqlr (This Is the Will of a Poor Servant),

Adnan Arur, Dar ar-Rayah, Riyadh, 1993.
Last Will and Testament, Munthir Qahf, the Muslim Students

Association of the United States and Canada, Indiana, 1980.
Wasiyyatun Shariyyah (An Islamic Will), Naslb ar-Rifa'l, hand

written.
In h e r it a n c e
Ahkam ul-Mawarith (the Regulations of Inheritance), Faysal Mawlawl,

Muassasat ur-Rayyan, Beirut, 1416 (1996).
Al-Faraidu Fiqhan wa-Hisaban (The Rules of Inheritance:

Understanding and Calculations), Salih Ahmad ash-Shaml, al-Maktab
ul-Islaml, Beirut, 1418 (1997).
113
References 114 The Final Bequest
Al-Mawarith fish-Shanat il-Islamiyyah (The Inheritance in the Islamic

Law), Hasanayn Makhluf, the Supreme Board of Islamic Affairs,
Egypt.
Mabahithu f t Ilm il-Mawartth (Discussions in the Subject of

Inheritance), Mustafa Muslim, Dar ul-Manarah, Jeddah.
Tashll ul-Faraid (Simplifying the Rules of Inheritance), Muhammad

Bin Salih al-UthaymIn, Muassasat ur-Risalah, Beirut, 1403 (1983).
General
Ahkam ul-Janaizi wa-Bidauha (the Regulations of Funerals, and

Innovations Thereof), Muhammad Nasir ud-Dln il-Albanl, Maktabat ul-
Ma'arif, Riyadh, 1993.
Al-Jamiu li-Ahkam il-Quran, al-Qurtibi.
Ma Yanfa ul-Muslima bada Wafatih (That Which Benefits a Muslim

after His Death), Ibrahim Bin Muhammad, Maktabat us-Sahabah,
Tanta, Egypt, 1987.
Tafsir ul-Quran il-Aiim, Ibn Kathir.

A R A B IC T E R M S
A number of Arabic terms are frequently used in Islamic discussions,

and seem to constitute a basic vocabulary that needs to be available to
the readers of most books on Islam. We attempt to provide such terms,
together with their definitions, in the following Glossary section.
Other terms pertinent to the current book are included in the Index
section, together with a page-reference indicating where they are
defined in this book.
A : G lo s s a r y o f C o m m o n T e rm s
Term Definition
Al-Fatihah The first chapter of the Quran.
Amin Means, 0 Allah, answer my supplication.
Ansar The Supporters: the residents of al-Madlnah who
supported the Prophet (H) and the Muhajirun.
Athan Call to the prayer.
Ayah A Quranic phrase approximately equal to one
sentence, but sometimes longer or shorter than that;
plural: ayat.
Ayat See ayah.
Bid ah Innovation in the creed or in acts of worship.
Dawah Call or mission.
Din Religion. It is usually used in reference to the religion
of Islam.
Dinar A valuable old currency that was made of gold.
115
Arabic Terms 116 The Final Bequest
Term Definition
Dirham A low-value old currency that was made of silver or
copper.
D ud Supplication.
Fair Dawn. It usually applies to the first obligatory prayer
of the day, whose time extends from dawn until
sunrise.
Fard Obligation.
Fard A communal obligation; if some Muslims perform it,
Kifayah the obligation is considered fulfilled by all; and if
none does, all Muslims are considered sinful.
Fard Ayn An individual obligation, i.e., an obligation that each
individual must fulfill.
Fatawa See fatwa.
Fatawl See fatwa.
Fatwa A religious verdict; plural; fatawa ox fatawl.
Fiqh The ability to understand and derive conclusions from
the available evidence. It is often applied to the
subject of Islamic jurisprudence that deals with the
practical regulations in Islam.
Fitnah Trial, test, or affliction.
Ghayb The world beyond our senses or perception.
Ghusl A ritual bath required after intercourse, ejaculation, or
after a women becomes clean from her menses.
Hadlth Reports of the Prophet's sayings, actions, and
approvals. We use hadlth (plural hadlths) to indicate
individual report(s), and Hadlth with upper case H to
indicate the subject of Hadlth specialty.
The Final Bequest 117 Arabic Terms
Term Definition
Hajj Pilgrimage to Makkah.
Haldl Permissible.
Halqah A circle or ring. It normally refers to a study circle.
Haram Prohibited.
Hasan Good or acceptable. This is usually mentioned when
indicating the degree of authenticity of some reports.
Hijrah Migration. It usually refers to migration from Makkah
to al-Madlnah.
Imam A leader or distinguished Islamic scholar.
I,man Belief or conviction.
Ijtihad A scholarly and serious research of a matter of the
shariah attempting thereby to reach a correct ruling.
Isnad Chain of narrators of a hadTth.
Jahiliyyah The era of extreme ignorance (jahl) and disbelief that
preceded the advent of the Prophet Muhammad (0 ).
Jama ah A Muslim congregation or gathering. Al-Jamaah (the
Jama ah) refers to the original community of the
sahabah and their true followers through the times.
Janazah A funeral or a deceaseds prepared body.
Jannah The gardens of paradise.
Jihad Striving or fighting for Allahs cause.
Jinn An indivisible creation that Allah created from fire and
smoke, and to which belongs Satan. It is sometimes
translated as demons.
Jumuah Friday. It also applies to the Friday prayer.
Term Definition
Kafir See Jtw/r.
Khamr Alcoholic beverages.
Kufr Disbelief or rejection of faith. One who practices it is
a kafir.
Khutbah Speech or sermon, normally delivered in the masjid.
Maghrib Sunset. It usually applies to the fourth obligatory
prayer of the day, whose time extends from sunset
until the disappearance of the red light from the
horizon.
Makruh Disapproved in Islam.
Mahram A person who is closely related to another in such a
way as to permanently prohibit them from marrying
each other. This relationship results from blood,
suckling, or marriage ties. A womans mahrams are:
her father, grandfather, son, grandson, brother,
immediate uncle (from the mothers or fathers side),
father in law, son in law, foster son, foster brother,
etc. Examples of non-mahrams: cousins (from both
sides), step brothers, brothers in law, etc.
Masjid A place designated for sujud. It usually refers to a
mosque.
Mathhab Way or approach. It usually refers to one of the four
Islamic schools of fiqh established by the Four Imams:
Abu Hanlfah an-Nu'man Bin Thabit, Malik Bin Anas,
Muhammad Bin Idris ash-Shafit, and Ahmad Bin
Hanbal May Allah bestow His mercy on them all.
Muhajirun The sahabah who made Hijrah from Makkah to al-
Madlnah.
The Final Bequest 119 Arabic Terms
Term Definition
Musalla A place designated for salah. Most commonly, it
applies to the grounds where the prayers of 'id and
janazah are performed.
Mushrik See shirk.
Qadar Allahs decree and measure.
Qiblah The direction of al-Ka'bah in Makkah.
Qudusi Holy. A qudusi hadith is a hadith that the Prophet ( 0 )
relates from his Lord (t$g).
Rak'ah See ruku.
Ramadan The month of fasting. It is the ninth month of the
Islamic lunar calendar.
Ruku The act of bowing in the prayer. From this, raltah,
refers to a full unit of prayer because it contains only
one ruku.
Sadaqah Charity.
Sahabah The Prophet's companions; singular sahabi.
Salaf The early righteous pioneers and scholars of
Islamthe sahabah and their true followers.
Salah The prayer.
Salam Peace. It also means the greeting with peace {as-
salamu alaykum) among the Muslims.
Shahadah Testimony; it commonly applies to the testimony of
Islam that, there is no true deity but Allah, and
Muhammad is Allahs Messenger. It is also often
applied to the most truthful form of physical
testimony, which is martyrdom for Allahs (t$g) cause.
A person thus killed is called a shahid.
Term Definition
Shahid See shahadah. Feminine: Shahldah.
Shar Law or legislation. It is usually used specifically in
reference to the Islamic Law. The same applies to
Shariah.
Shariah See shar.
Shirk Polytheism, ascribing divinity to other than Allah, or
joining partners with Him in worship. A pagan or a
person who practices shirk is a mushrik.
Siyam Fasting.
Sujud The act of prostration in the prayer.
Sunnah Way, guidance, teachings, etc.
Surah Quranic chapter.
Tabiiin The students of the sahabah. Singular: tabil.
Tafslr Quranic commentaries and interpretations.
Takblr Saying Allahu Akbar Allah is the greatest.
Taqwa Fearing Allah and revering him.
Tasllm Saying salam.
Thikr Remembering Allah and mentioning Him.
Ummah Community or nation.
Wajib Obligatory or required.
Wudit Ablution for the prayer. It consists of rinsing the
mouth, blowing the nose, washing the face, washing
the forearms to the elbows, wiping over the head
(including the ears), and washing the feet up to the
ankles.
The Final Bequest 1 2 1 Arabic Terms
Term Definition
Zakdh Obligatory charity.
Zina Adultery or fornication.

Zuhr Noon. It usually applies to the second obligatory
prayer of the day, whose time extends from the suns
crossing the zenith until the time when the shadows
are as long as the objects.
Abd Devoted servant and worshipper; plural: ibad.
'Alim A scholar or learned man; plural: ulama.
Asr After noon. It usually applies to the third obligatory
prayer of the day, whose time extends from the time
when the shadows are as long as the objects until
sunset.
Ibad See
Id A day of celebration in Islam. There are two annual
ids (al-fitr and al-Adha) and one weekly id (the day
of Jumuah).
Ishct Night. It usually applies to the fifth and last obligatory
prayer of the day, whose time extends from the
disappearance of the red light from the horizon until
the middle of the night (which is half way between
sunset and dawn).
Ulama See ii'dlim".
B :In d e x
Fard 59 Radd 71
Fara id 52 Tarbiyah xiii
Furiid 59 Tasfiyah xiii
Hajaba Thaw ul-Arham 79
Hajb 64, 66 Wald1 55
Haya 53 Wasiyyah 7
Kalalah 35 'Awal 68
Kayf xxvi Tddah 34, 54
Khal 38 Usbah 63
Lahd 23 Ta sib 63
Mahr 30 'Asib 63
Munasakhah 74

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ISLAMIC

WILL & TESTAMENT

In the name o f Allah, the most

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THE FINAL BEQUEST:

AL-K1TAAB & AS-SUNNAH PUBLISHING

Full and Paternal Siblings (35)

Ta sib by Association (65)

Examples of Awal .......................................................................... 89

APPENDIX I: WILL FORM 91

APPENDIX II: ADDITIONAL FORMS 95

ARABIC TERMS 115

I bear witness that there is no (true) god except Allah alone

reverence, and do not die except as Muslims. 1

0 people! Revere your Lord who has created you

0 you who believe! Revere Allah and say just

1 A l'ln ira n 3:102.

of misguidance that (whoever initiated it) will reside in the Fire. 1

Let there arise from you a group of people inviting

This Dawah has two fundamental aspects:

(a) Tasfiyah: Cleansing and purifying the Islamic beliefs and

(b) Tarbiyah: Guiding and educating the people according to the

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purifying them, and teaching them the Book and

This is also an obligation on every Muslim according to his ability,

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Help one another in righteousness and piety; and

Our mission is then to propagate the Islamic teachings in various

We should revere, study, comprehend, and implement the noble

The first to embrace Islam among the Muhdjirun

1 A l-Jum uah 62:2.

Thus, the guidance of the salaf is the only true guidance.

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Allah warns against following any guidance other than the

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Whoever opposes the Messenger, after guidance has

We should contribute to educating and guiding the Muslims to adopt

1 The address here is to the sah abah (4^)-

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By time, the human being is surely in loss, except

We should contribute to cleansing the Sunnah of weak and fabricated

Ji* J-A Ijjb

(( .tjdjbl^.1 J j j Ijj -(>iu.tl Jlpujlj cijULiJI <Jsu_j

<This knowledge will be carried by the trustworthy

Guided by the Islamic principles, we should contribute to reviving the

And hold fast, all together, by the rope of Allah,

And by His Messenger (0 ):

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<Be, worshippers of Allah, brothers.>2

We should contribute to providing realistic Islamic solutions to

We call upon all the Muslims to support us in carrying out this

M asabih (no. 248), and as expressed by al-Halabl in a l- H itta h (p. 70).

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It is He who has sent His Messenger with Guidance

This work is, therefore, a humble response to our realization of a great

We have made a serious attempt to restrict the use of transliterated