Question: How exactly does one create a will according to shariah? Does s/he just use any piece of paper? what does s/e write on it in order for it to be a valid will? Please answer in light of your tafseer program.
For those living under secular or western governance, they must design their will in a manner that fulfills the criteria of religion and the law of the land. In western lands, it would be best for a person to create the bequest while one is living by going through the appropriate legal channels to have it approved so as to make it sharia compliant.
- You must inform the executors as to how to manage your wealth upon your passing away.
- You must make clear as to whom you owe money to, as well as who owes you money. If the person is giving wealth to an outsider or to an individual that does not directly inherit as a result of your death, then they must make this clear. The maximum this person who does not directly inherit is one third of the deceased persons estate.
- The one making the will must make clear that the burial expense can be deducted from the estate, however, the expense cannot exceed one third of the estate.
- The person cannot shun any person that has the right to inherit upon his/her passing away. If a person wishers to favor one individual over another, it cannot take place after one dies. To do so intentionally is oppression (zulm).
Allah Certainly Knows Best.