A famous hadith in Sahih Al Bukhari indicates that a believer “should not let two nights pass without writing a Will.” The Prophet, peace be upon him, thus stressed the importance of having a will. Creating an Islamic Will also allows the testator, the person making the Will, to depart with justice and possibly rectify past mistakes as referred to in the Holy Quran. The Qur’an has set out specific guidelines for who inherits assets on death.
Therefore, it is considered imperative for a Muslim to not delay writing a sharia Compliant Will.
If a Muslim passes away without having a Sharia compliant Will then he is seen to have been neglectful to his religious obligations.
What a Muslim gifts to someone and how is essentially the last act of 'pleasing' Allah (SWT) and following His command.
The layout for a SHARIA compliant Will is very similar to a 'UK' layout however there are some important distinctions that we need to take into account when preparing this.
For instance, it is often recorded within the sharia compliant Will itself details of any debts that are owed at the time the Will is made which may include such debts as unpaid zakat (charity), unperformed Hajj (Islamic pilgrimage), Fidya (a religious donation to help those in need), and Kaffarah (Kaffarah is the compensation that you must pay if you deliberately miss or break a fast in the month of Ramadan without a valid reason).
It is also important consider which 'school of thought' you wish to apply to your Will as Islamic law and practices can be interpreted in a number of different ways which can be specific to you, your family, your community and/ or Mosque. It is important for your Will writer to understand this when drafting your Will to ensure they are following the approach you wish them to take, understanding fully your priorities and wishes. Most clients will know with which school of thought/ Madhhab (A Madhhab is a school of thought within Fiqh (Islamic jurisprudence) they wish to align themselves with.
There are many Madhhab but some major ones that are called are Hanafi, Maliki, Shafi'i and Hanbali. These originally emerged in the ninth and tenth CE and when it came to the Twelfth century they then all aligned themselves with all these different madhhab's (school of thoughts). 'A madhhab' ( مذهب maḏhab, defined as the “way to act”; pl. مذاهب maḏāhib) is one school of thought within fiqh (Islamic jurisprudence).'
One consideration that is mandatory in Will drafting is the importance of how a body should be dealt with on death. Usually where Muslims transport the body from different places, this is not liked or appreciated and is known as ‘makruh’ (disliked) and also even moving to another country is known as impermissible which means closer to haram (‘makruh tahrimi’)
Further, the reason for this is when a dead body is transferred from one country or place to another, it will involve the embalming process which is forbidden in Islam. The embalming fluid is seen to be impure and made up off alcohol. so as an alternative they use a zinc lining can be used for transporting the body which can be removed when the body is due to be married, which is a way around this if transportation is needed.
Muslim Burial Arrangements in a sharia complaint Will is drafted as:
'I direct my Executors, surviving relatives and friends to ensure that I have a funeral strictly in accordance with Islamic law, which must include ghusl (washing), jana-zah (funeral prayer) and dafn (burial). In particular I do not wish for an autopsy to be performed on my body, and request that my body be released for burial immediately upon death or as soon as is practical. In the event that an autopsy becomes a legal requirement, I would wish that this is met through an MRI scan if my Trustees deem it appropriate. I would also like to be buried in the Muslim Cemetery closest to the place of my death. I am aware that this is a serious obligation and would request that you use your best endeavours to reach agreement over the fundamental matters mentioned and compromise on others if you differ in opinion'
For a Muslim burial, the grave should be perpendicular to Mecca, with the deceased’s body positioned so their right side faces the Islamic holy city. Then as the deceased body is lowered into the grave, the congregation say a prayer. Then Wood or stones are laid down below to prevent the body touching the dirt. Lastly, each mourner places three handfuls of soil into the grave. Large or decorative headstones are not usually allowed, so a small stone or marker is left to identify their final resting place, but this is open to different madhhabs (school of thoughts and personal preference)