Thursday, June 13, 2024
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How to write a will

Fatwaa ID: 1149

Question:
In the name of Allah the most gracious, beneficent and most merciful. Assalamu alaikum wa rahmatullahi wa barkatahu.
Respected muftis, may I ask, how should a one write down the WILL ( obviously under the ruling of islam and more precisely being hanafi).
1.) If the mother is wealthy and owns assets given by her parents.
2.) If the father is not wealthy enough and has no property and suffices on his earning and possibly save his earnings for the future.

Apart from this, can a husband has the authority over his wife’s assets and vice versa?
Jazak allah

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

  1. Every Muslim should have his will written out and documented. The will should expressly state that person wants his estate to be divided in accordance to the Shari’ah laws of succession and inheritance. A local scholarly body or competent scholar may be appointed to overlook this. It will be in the interests of the person to sit with the scholar and get an estimate of how the estate will be divided and who his potential heirs will be.
  2. A person does not have the right to distribute his wealth as he wishes. The distribution of the estate has been outlined by the Shari’ah and that must be followed.
  3. A person has the right to make a bequest of up to 1/3 of his estate for those who are not already receiving a stipulated share assigned by the Shari’ah. A bequest cannot be made for someone who is already receiving a share.
  4. The will should document any debts payable or receivable. Similarly, if he has outstanding prayers, fasts, zakaah, Hajj, etc., then that two should be documented and wasiyyah should be made to pay them off.
  5. A person may add advices for his family and loved ones.
  6. Any information related to his wealth that may not be known or that may be of assistance in winding up of the estate should be documented.
  7. In regards to your query pertaining to the parents, they will receive stipulated shares from the estate of their child as assigned by the Shari’ah. This is irrespective of their financial status.
  8. A husband does not have authority over his wife’s wealth. Likewise, the wife does not have authority over her husband’s wealth. Upon the demise of the other, the surviving spouse will be entitled to his/her stipulated share from the estate.
  9. One should consult an attorney to ensure that his will is legally executable.

Should you have further questions or require assistance, you may reach out to us.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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