Wasiyyah

Wasiyyah is the Islamic legal term for a will or testament, through which a Muslim bequeaths part of their estate to individuals or causes not entitled to inherit under the mandatory inheritance laws (fara'id). The permissibility and regulation of wasiyyah are derived from the Quranic verse: "Prescribed for you when death approaches any of you, if he leaves wealth, is a bequest for parents and near relatives according to what is acceptable-a duty upon the righteous" (2:180). However, this verse was later specified by Hadith and scholarly consensus limiting the wasiyyah to one-third of the total estate and prohibiting bequests to legal heirs who already receive fixed shares. The Prophet (peace be upon him) declared: "Allah has given each rightful claimant his right, so there should be no bequest to an heir" (Abu Dawud, Tirmidhi). The wasiyyah must be executed after paying any debts and funeral expenses, and before the distribution of the remaining inheritance according to fixed shares. The purpose of this one-third limit is to balance individual freedom with the rights of legal heirs, ensuring that they are not deprived of their divinely ordained portions. The wasiyyah may benefit non-heir relatives, friends, charitable causes, mosques, schools, or other philanthropic purposes. It should be written clearly, witnessed by two just Muslim witnesses, and preferably executed early rather than at the point of death. Scholars emphasize the importance of writing a will, as the Prophet said: "It is not right for any Muslim who has something to bequeath to pass two nights without having his will written and kept with him" (Bukhari and Muslim). The wasiyyah represents the Muslim's opportunity to continue earning reward after death through ongoing charity (sadaqah jariyah), to support causes they cared about, and to ensure their final wishes are honored. It is both a legal document and a spiritual act, reflecting the believer's concern for how their wealth will be used after their return to Allah.