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Wills and Islamic Law History
Wills and Islamic Law History

Describing the history related to Wills and inheritance under Islamic Law

Sindy Allen avatar
Written by Sindy Allen
Updated over a year ago

It is interesting when looking to prepare an Islamic law compliant Will to understand the history of certain considerations when putting such a Will in place. Islamic law, also known as sharia, has a long history of addressing issues related to wills and inheritance. The principles of inheritance in Islamic law are derived primarily from the Quran and Hadith, and are intended to ensure fairness and justice among the heirs of a deceased person.

The Islamic law of inheritance is so important in Islam and to Muslims that Allah also gave details of inheritance share in the Quran itself. This emphasises the importance of the obligation regarding inheritance shares. It is the accepted position that where Allah ‘decrees a matter’ a true Muslim does not have an option whether to obey a command or not. So, it is crucial that Muslims fully understand the law on inheritance and ensure a Will is created to reflect in any non-Islamic countries to reflect that, as the ‘UK’ laws on intestacy for instance do not follow the same rules on intestacy set out in the Quran.

One key principle in Islamic law is that all assets of a deceased person must be distributed among the heirs according to a specific system of inheritance, known as the "faraid" system. This system is based on the principle that certain family members have a greater right to inherit than others, and the distribution of assets is predetermined by Islamic law.

The concept of a will, or "wasiyya" in Islamic law, was also recognized early on in Islamic history. A will allows a person to make specific bequests and gifts to individuals, and to distribute assets in a way that may not be possible under the faraid system. However, the use of a will is subject to certain limitations in Islamic law. For example, a Muslim can only make a bequest of up to one-third of their assets.

Islamic law also places a strong emphasis on the importance of the intentions of the testator (the person making the will). The testator's intention must be to seek the pleasure of Allah and to provide for their loved ones in accordance with Islamic principles.

Overall, Islamic law has a long history of addressing issues related to wills and inheritance, with the goal of ensuring fairness, justice, and the fulfilment of religious obligations.

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