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Draft a will that follows the shares.

Name an executor, list what must be paid first, leave up to a third to causes and people who do not inherit, and direct the rest to your heirs by the Qurʾānic shares. You get a typeset draft to take to an estate attorney and a scholar.

A draft, not a willNot legal advice and not a fatwā. Your answers stay in this browser; nothing is sent.

Saved as you type, in this browser only. Use a backup file to move it to another device.

About you
1

About you

I am
Your madhhab
2

Your madhhab

The will names the school whose rules divide your estate. The schools agree on most families; where they differ, Schedule A and the shares below show it.

Your family today
3

Your family today

Who would survive you if you died today. The will does not name heirs: they are whoever is living at your death. This only shows how the shares would fall now.

Wives الزوجات 1
Sons الأبناء 0
Daughters البنات 0
Full brothers الإخوة 0
Full sisters الأخوات 0
More relatives
Son’s sons أبناء الابن 0
Son’s daughters بنات الابن 0
Paternal half-brothers الإخوة لأب 0
Paternal half-sisters الأخوات لأب 0
Maternal half-siblings الإخوة لأم 0

The shares today, Ḥanafī

HeirShare of the residue

The actual heirs and shares are fixed at the time of death. The will names the rule; this calculation is attached only as an illustration. Open the full calculator

Executor
4

Your executor

The person who pays your debts and divides your estate. Choose someone trustworthy who will follow the shares and ask a scholar, and a second in case they cannot serve.

Guardian for minor children
5

A guardian for your children

A court decides guardianship under state law, looking to the child’s interests. Your will nominates; the judge appoints. Name someone who will raise them as Muslims, and talk to them first.

Debts and obligations
6

Debts to be paid first

After the funeral, every debt is paid before any bequest or inheritance. al-Sirājiyyah (al-Sajāwandī), opening chapter

Whether an unperformed ḥajj, unpaid zakāh or kaffārah is paid from the whole estate, or only from the third when you will it, is a point on which the schools differ. Listing them here makes your wish plain; ask a scholar how they will be paid.

Funeral and burial
7

Funeral and burial

The will keeps this short. Write your full janazah wishes for the family, who will need them before anyone reads the will.

Bequests
8

Bequests, up to a third

You may leave up to a third of what remains after the funeral and debts, to charities, a masjid, or people who do not inherit from you, such as a daughter’s children, nieces and nephews, step-children or friends. Not to an heir. Ṣaḥīḥ al-Bukhārī 2742; Sunan Abī Dāwūd 2870 (ḥasan ṣaḥīḥ)

The rest of your estate
9

The rest, to your heirs

Everything left after the funeral, debts and bequests goes to your heirs by the shares of Sūrat al-Nisāʾ, in the school you chose, as worked out by a qualified scholar at the time of your death. Qurʾān, al-Nisāʾ 4:11; Qurʾān, al-Nisāʾ 4:12; Qurʾān, al-Nisāʾ 4:176

Making it a will

Under the Uniform Probate Code a will must be in writing, signed by you, and signed by at least two people who watched you sign or heard you acknowledge it. States that adopted the 2008 version also accept acknowledgment before a notary instead of witnesses. Uniform Probate Code §2-502, as enacted in N.D. Cent. Code §30.1-08-02

Most states require two adult witnesses. Most also let you and your witnesses sign a self-proving affidavit before a notary, so the witnesses need not be found after your death; it is not available in the District of Columbia or Ohio. Jeff Burtka, “Making a Self-Proving Will With a Self-Proving Affidavit”, AllLaw (Nolo); Uniform Probate Code §2-504, as enacted in N.D. Cent. Code §30.1-08-04

A will written entirely in your own hand, without witnesses (a holographic will), is accepted only in some states. Editors of Nolo, “Are Handwritten or ‘Holographic’ Wills Valid?”, AllLaw (Nolo)

A later will revokes an earlier one, which is why the draft says so in its second article. Me. Rev. Stat. tit. 18-C, §2-506 (Uniform Probate Code), revocation

Have a lawyer review this.This tool cannot know your state’s rules on spouses’ rights, community property, trusts or how a court will read a clause that refers to Islamic law. Retirement accounts, life insurance and jointly owned property usually pass outside a will. Take the draft, and its last page of questions, to an estate attorney licensed in your state, and have a scholar of Islamic inheritance check the shares.
Your draft

The will, as it would print

Seven letter-size pages. It updates as you type. Print it, or choose “Save as PDF” in the print window.

Draft for review · Not yet signed

بِسْمِ ٱللَّهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ

In the name of Allah, the Entirely Merciful, the Especially Merciful. al-Fātiḥah 1:1

Last Will and Testament

of Name

place

  1. IDeclaration of faith
  2. IIRevocation
  3. IIIFuneral and burial
  4. IVExecutor
  5. VDebts and obligations
  6. VIBequests
  7. VIIDistribution by Islamic law
  8. VIIIGuardianship
  9. IXGeneral
This is a draft, not a will. It was prepared with Life Is Temporary on . It does not take effect until an estate attorney in your state has reviewed it and it has been signed and witnessed as that state’s law requires. Take it, with the notes on the last page, to an estate attorney and to a scholar of Islamic inheritance. It is not legal advice and not a fatwā.
“It is not permissible for any Muslim who has something to will to stay for two nights without having his will written and kept ready with him.” The Prophet ﷺ · Ṣaḥīḥ al-Bukhārī 2738
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I–IV

Faith, revocation, burial, executor

My declaration

Article I. Declaration of faith

I, name, place, being of sound mind, make this my last will and testament.

I bear witness that there is no god but Allah, alone, without partner, and that Muhammad is His servant and His Messenger.

I make this will as a Muslim. It is my intention that my funeral, my debts, my bequests and the division of my estate be carried out according to Islamic law, to the fullest extent the law of my state permits. I ask my family to keep the prayer, to be gentle with one another, and to make duʿāʾ for me.

Article II. Revocation

I revoke all wills and codicils that I have made before this one.

Article III. Funeral and burial

I direct that my body be washed, shrouded and buried according to Islamic rites, as soon as possible after my death, in the nearest Muslim cemetery. I ask that I not be cremated, and that there be no embalming or autopsy unless the law requires it. My funeral expenses are to be paid first from my estate, and kept modest.

Article IV. Executor

I appoint executor as executor (personal representative) of this will. If they are unable or unwilling to serve, or stop serving, I appoint alternate.

I ask that no bond be required of my executor where the law allows. I direct my executor to consult a qualified scholar of Islamic inheritance in carrying out Articles V, VI and VII.

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V–VI

Before anything is inherited

Debts and bequests

Article V. Debts and obligations

After my funeral expenses, my executor shall pay all my debts in full before any bequest is paid or any inheritance divided. These include:

    The order of payment: funeral, then debts, then bequests from a third, then the heirs. al-Sirājiyyah (al-Sajāwandī), opening chapter.

    Article VI. Bequests (waṣiyyah)

    These bequests together shall not exceed one third of my estate after funeral expenses and debts. If they would, each is to be reduced in proportion so that together they equal one third. None of them is intended for an heir. If a beneficiary turns out to be my heir at my death, that bequest takes effect only as Islamic law allows, which most scholars hold means only with the consent of my other heirs, given after my death.

    A third, and a third is much: Ṣaḥīḥ al-Bukhārī 2742. No bequest for an heir: Sunan Abī Dāwūd 2870 (ḥasan ṣaḥīḥ).

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    VII–IX

    The rest of my estate

    My heirs and my children

    Article VII. Distribution according to Islamic law

    I give the residue of my estate, meaning all that remains after my funeral expenses, my debts and the bequests in Article VI, to those of my relatives who are my heirs under Islamic law at the time of my death, in the shares fixed by Islamic law (the farāʾiḍ) in the Qurʾān, Sūrat al-Nisāʾ 4:11, 4:12 and 4:176, and the Sunnah, according to the Ḥanafī school of Islamic jurisprudence.

    My heirs and their shares are to be determined as of the date of my death by a qualified scholar of Islamic inheritance chosen by my executor, and my executor shall distribute the residue according to that scholar’s written determination.

    Schedule A shows how the shares would fall on my family as it is on the date of this draft. It is an illustration only. It makes no gift, and it is not to be followed if my family has changed by the time of my death.

    Article VIII. Guardianship of my minor children

    Guardianship of a child is decided by a court under the law of the state. This article is my nomination, for the court to consider.

    Article IX. General

    If any part of this will is held invalid or unenforceable, the remaining parts stay in effect, and are to be read so as to carry out as closely as possible my intention, stated in Article I, that my estate be settled according to Islamic law.

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    X

    Signed in front of witnesses

    Signature

    I sign this will, consisting of pages 1 to 6 including Schedule A, on the date below, in the presence of the witnesses who sign after me, and declare it to be my last will. I sign it willingly, as my free and voluntary act.

    Signature of the testator
    Printed name
    Date
    City, county and state where signed

    Witnesses

    We, the undersigned, each an adult, declare that the testator signed this will in our presence, or acknowledged that signature or this will to us; that the testator appeared to be of sound mind and under no duress or undue influence; and that we sign below as witnesses in the presence of the testator and of each other.

    Witness one

    Signature
    Printed name
    Address
    Date

    Witness two

    Signature
    Printed name
    Address
    Date
    Self-proving affidavit: attach here

    Most states let the testator and witnesses also sign a sworn statement before a notary, so the witnesses need not be found later. State law sets the wording; your attorney supplies it. Uniform Probate Code §2-504, as enacted in N.D. Cent. Code §30.1-08-04; Jeff Burtka, “Making a Self-Proving Will With a Self-Proving Affidavit”, AllLaw (Nolo).

    Ask your attorney who may serve as a witness in your state. Choosing two adults who receive nothing under this will avoids questions later.

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    A

    An illustration, not a gift

    Schedule A: the shares today

    How the residue under Article VII would divide if I died with the family below, in the Ḥanafī school. The real heirs and shares are those living at my death, as determined by a qualified scholar.

    HeirWhyShare of the residue

    Qurʾān, al-Nisāʾ 4:11; Qurʾān, al-Nisāʾ 4:12; Qurʾān, al-Nisāʾ 4:176; Ṣaḥīḥ al-Bukhārī 6732. Shares calculated with the Life Is Temporary inheritance calculator, which covers spouses, children, son’s children, parents, grandparents and siblings.

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    Remove this page before signing

    Notes for your attorney

    Have a lawyer review this. A will is only as good as its execution. Ask an estate attorney licensed in your state to turn this draft into a will that is valid there, and ask a scholar of Islamic inheritance to check Articles V to VII and Schedule A.

    What makes a will valid

    Under the Uniform Probate Code, a will must be in writing, signed by the testator, and signed by at least two people who saw the signing or heard the testator acknowledge it; in states that adopted the 2008 option, acknowledgment before a notary can stand in for the witnesses. Uniform Probate Code §2-502, as enacted in N.D. Cent. Code §30.1-08-02.

    Most states require two witnesses. Jeff Burtka, “Making a Self-Proving Will With a Self-Proving Affidavit”, AllLaw (Nolo).

    A handwritten (holographic) will, without witnesses, is accepted only in some states. Editors of Nolo, “Are Handwritten or ‘Holographic’ Wills Valid?”, AllLaw (Nolo).

    A will is usually valid if it was executed under the law of the place where it was signed or where the testator lived. Me. Rev. Stat. tit. 18-C, §2-505 (Uniform Probate Code), choice of law as to execution.

    Why a Muslim needs one

    Without a valid will, the estate passes by state intestacy law, which favours the spouse and children in its own proportions. Legal Information Institute (Cornell Law School), Wex: intestate succession.

    Under the Uniform Probate Code as enacted in Maine, for example, a spouse whose children are all shared with the deceased takes the entire estate. Me. Rev. Stat. tit. 18-C, §2-102 (Uniform Probate Code), share of spouse. In the Qurʾān a wife with children receives an eighth and a husband a quarter. Qurʾān, al-Nisāʾ 4:12.

    Questions to raise

    • Retirement accounts, life insurance and payable-on-death accounts go to the named beneficiary, and jointly owned property to the co-owner, outside this will. How do we bring them in line with the shares?
    • Does this state give a spouse rights a will cannot override, such as an elective share or community property? How do the Islamic shares fit around them?
    • Will a probate court here carry out a clause that refers to Islamic law and a scholar’s determination, or should the shares also be written out, or held in a trust?
    • How will a minor heir’s share be held until adulthood?
    • For the scholar: whether an unperformed ḥajj, unpaid zakāh or kaffārah is paid from the whole estate or only from the third when willed is a point on which the schools differ.

    Prepared with Life Is Temporary (lifeistemporary.com), a free guide for Muslim families in America. This draft is general information. It is not legal advice, not a fatwā, and not a substitute for an attorney or a scholar. Nothing you typed was sent anywhere; it stayed in your browser.

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