Islamic Will Writing: Essential Guide for Muslims in 2025

Introduction to Islamic Will Writing

Death is an undeniable reality, and Islam encourages believers to prepare for it responsibly. One of the most significant preparations a Muslim can make is Islamic will writing, which ensures wealth and assets are distributed according to Shariah principles. While many people delay writing a will, the Prophet Muhammad (peace be upon him) emphasized that a Muslim should not let two nights pass without having a written will if they have something to bequeath.

In today’s world, where Muslims often live in diverse legal systems, Islamic will writing has become even more crucial. It not only protects family members but also ensures compliance with both religious and civil laws. Unfortunately, many misconceptions and mistakes surround this process, leaving families vulnerable to disputes and financial hardships.

This guide aims to provide Muslims with a clear, step-by-step roadmap to writing an Islamic will in 2025, addressing both spiritual obligations and modern legal realities.

Core Principles of an Islamic Will

Shariah Guidelines on Inheritance

Inheritance in Islam is based on divine guidance laid out in the Qur’an and Sunnah. Unlike secular wills where a person may distribute wealth however they wish, Islamic inheritance (known as Faraid) follows fixed shares. Each eligible heir has a predetermined right that cannot be overridden.

Quranic Verses and Hadith References

The Qur’an explicitly outlines inheritance laws in Surah An-Nisa (Chapter 4, verses 11-12 and 176). For example, sons and daughters receive specific shares, while parents and spouses have defined rights. The Prophet (PBUH) further emphasized the importance of fairness, cautioning against disinheriting rightful heirs.

Obligations and Rights of Heirs

Every heir has a guaranteed portion of the estate, which must be distributed before any discretionary bequests. However, Islamic law allows up to one-third of the estate to be given freely, whether to charity, non-heirs, or other causes—provided debts and obligations are settled first.

Legal Framework for Islamic Wills

Differences Between Islamic and Civil Law Wills

Civil law wills typically grant full freedom to the testator. In contrast, Islamic wills are restricted by divine rules, ensuring justice and balance among heirs. For example, a parent cannot disinherit a child, nor can a spouse be excluded.

Recognition of Islamic Wills in Different Countries

In Muslim-majority countries, Shariah law directly governs inheritance. However, in non-Muslim countries like the UK, USA, or Canada, an Islamic will must comply with local legal requirements to be enforceable. This often requires blending civil documentation with Islamic guidelines.

Challenges with Dual Legal Systems

Muslims living in the West face unique challenges. A will drafted solely according to Islamic principles may not hold up in court, while a civil-only will may disregard religious obligations. The best solution is to create a legally valid will that aligns with Islamic rules, often with the guidance of Islamic estate planning experts.

Step-by-Step Process of Islamic Will Writing

Identifying Eligible Heirs

The first step is to determine who qualifies as an heir. This may include children, parents, spouses, and siblings depending on the family structure at the time of death.

Determining Fixed Shares (Faraid)

Islamic law provides specific percentages for heirs. For example, if a person dies leaving behind a wife and children, the wife receives one-eighth while the rest is divided among the children, with sons receiving twice the share of daughters.

Allocating the One-Third Discretionary Portion

Up to one-third of the estate can be freely distributed. Many Muslims use this opportunity to support charitable causes, endow Islamic projects, or provide for non-heir dependents.

Appointing Executors and Guardians

Every Islamic will should appoint a trustworthy executor to oversee distribution and, where necessary, guardians for minor children. Executors ensure debts are cleared, funeral expenses are paid, and wealth is distributed in compliance with Shariah.

Islamic Will Writing in Malaysia: Essential Guide for Muslims in 2025

Introduction to Islamic Will Writing in Malaysia

In Malaysia, Islamic will writing, often known as wasiat Islam, plays an essential role in ensuring a Muslim’s wealth is distributed according to Shariah. Since Malaysia has a dual legal system (civil law and Shariah law), drafting an Islamic will requires balancing both frameworks.

While the Qur’an and Sunnah provide fixed inheritance laws (faraid), Malaysia’s legal system recognizes wills through the Distribution Act 1958 (for non-Muslims) and the Islamic Inheritance Law (for Muslims, under state Syariah courts). This makes it crucial for Muslims to prepare their wills properly to avoid disputes and delays in estate distribution.

Core Principles of an Islamic Will in Malaysia

Shariah Guidelines on Inheritance

The foundation of inheritance remains the same: assets are distributed according to faraid. Eligible heirs receive their fixed shares as prescribed in the Qur’an.

Malaysian Syariah Court Jurisdiction

In Malaysia, Islamic inheritance matters fall under the Syariah Court, while probate and estate administration are handled by the civil High Court or relevant authorities such as the Amanah Raya Berhad (ARB).

Rights of Heirs under Malaysian Law

Muslim heirs in Malaysia cannot be deprived of their faraid rights. However, Muslims may use up to one-third of their estate for charitable purposes, gifts, or to benefit non-heir dependents.

Legal Framework for Islamic Wills in Malaysia

Recognition of Wasiat in Malaysia

Under Malaysian law, a wasiat (Islamic will) is recognized if:

It does not exceed one-third of the estate without heirs’ consent.
It is executed by a Muslim of sound mind and legal age.
It complies with Syariah principles and local legal procedures.

Dual Legal Systems

Malaysia’s system requires coordination between civil courts, Syariah courts, and estate management bodies such as:

Rakyat Trustees Berhad (RTB) – Handles small estates and provides Islamic will writing services.
Department of the Director General of Lands and Mines (JKPTG) – Manages estate distribution for larger properties.
State Syariah Courts – Confirm faraid distribution.

Common Challenges

Delay in estate distribution due to court backlogs.
Lack of awareness about Syariah and civil compliance.
Family disputes when wills are not clearly written.

Step-by-Step Process of Islamic Will Writing in Malaysia

1. Identify Eligible Heirs

List immediate heirs: spouse, parents, children, and others based on faraid.

2. Calculate Faraid Shares

Use faraid calculators (available from JAWHAR or online services) to determine exact shares for heirs.

3. Allocate the One-Third Discretionary Portion

This portion may be given to:

Adopted children (since they are not heirs under Syariah).
Stepchildren or foster children.
Charitable organizations (wakaf, mosques, Islamic NGOs).

4. Appoint Executors and Guardians

In Malaysia, executors can be:

A family member.
Amanah Raya Berhad (official trustee).
Licensed trustee companies.
Guardians should also be appointed for minor children.

Mistakes to Avoid in Malaysia

Not Registering the Will – A wasiat not properly documented with Amanah Raya or a trustee company may face legal delays.
Overlooking Debts (Hutang) – Debts (including zakat arrears, unfulfilled nazr, or unpaid loans) must be cleared before distribution.
Assuming Civil Law Applies the Same Way – Non-Muslim wills follow the Distribution Act, but Muslims must comply with Syariah inheritance law.

Modern Approaches in Malaysia

Amanah Raya Berhad (ARB) Services – Provides affordable will writing for Muslims.
Private Trustee Companies – Such as As-Salihin Trustee and Wasiyyah Shoppe, specializing in Islamic estate planning.
Digital Will Writing Platforms – Some fintech and legaltech startups now offer online wasiat drafting in Malaysia.

Case Studies in Malaysia

Case 1: Small Estates – A Muslim family in Selangor resolved estate distribution smoothly using Amanah Raya’s small estate process.
Case 2: Disputed Wasiat – In Johor, a family dispute arose when a wasiat exceeded the one-third limit without heirs’ consent. The Syariah Court ruled that the excess portion was invalid.
Case 3: Charitable Endowment (Wakaf) – A businessman in Penang allocated part of his one-third discretionary portion to establish a perpetual wakaf for education.

Benefits of Writing an Islamic Will in Malaysia

Prevents estate freezing, a common issue when no wasiat is prepared.
Ensures speedier settlement through recognized institutions.
Provides legal clarity under both Syariah and civil systems.

FAQs on Islamic Will Writing in Malaysia

1. Who can write a wasiat in Malaysia?

Any Muslim of sound mind and aged 18 and above.

2. Can I give more than one-third of my estate in a wasiat?

No, unless all heirs consent after your death.

3. What happens if I don’t write a wasiat?

Your estate will be distributed by the Syariah Court under faraid. This process often causes delays.

4. Can adopted children inherit in Malaysia?

No, but they can be given part of the one-third discretionary share.

5. Is it compulsory to register a wasiat with Amanah Raya?

Not compulsory, but highly recommended for smooth processing.

6. Can I write my wasiat on my own?

Yes, but professional guidance ensures it’s legally binding and Syariah-compliant.

Conclusion: The Importance of Wasiat in Malaysia

In Malaysia, Islamic will writing is more than a religious obligation—it is a practical necessity. The dual legal framework makes it essential for Muslims to plan ahead, ensuring estates are distributed fairly and without unnecessary delay.

By using services like Rakyat Trustees Berhad, private trustee companies, or Syariah-compliant estate planners, Muslims in Malaysia can safeguard their families, fulfill their religious duties, and avoid the common issue of “frozen estates.”

Writing a wasiat today ensures peace of mind tomorrow—for yourself, your heirs, and your faith.

For more guidance, visit Rakyat Trustees Berhad official site: Rakyat Trustees Berhad