Frequently Asked
Questions

An Islamic Will (Wasiyyah) is a legal document in which a Muslim records their final wishes regarding their estate, funeral arrangements, and care of dependents — all in accordance with Islamic law (Shariah).

It serves two purposes: (1) a legal document recognized by civil courts, and (2) an Islamic document that ensures your estate is distributed according to Quran and Sunnah.

According to the majority of Islamic scholars, writing a will is Mustahabb (highly recommended) for every Muslim who owns property. It becomes Wajib (obligatory) if:

• You have debts that people may not know about after your death
• You have trusts or Amanah (deposits) held for others
• You have specific bequests or charitable intentions
• You have minor children who need a named guardian

Dying without a will is called dying "intestate." The consequences include:

• The state distributes your estate according to local law — which may conflict with Islamic Faraid rules
• You lose the ability to specify Islamic funeral wishes legally
• No named guardian for your minor children — a court decides
• No bequest (Sadaqah Jariyah) to mosques or charities
• Your executor is appointed by the court — not someone you trust
• Family disputes become much more likely

In most Western countries (UK, USA, Canada, Australia), you must be 18 years or older to make a legally valid will. Some exceptions exist for married minors or members of the armed forces.

In Islamic law, a will requires the person to be Baligh (pubescent), sane, and acting voluntarily — not under duress.

You should review and update your will after any major life event, including:

• Marriage or divorce
• Birth of a child or grandchild
• Death of a beneficiary, executor, or guardian
• Significant change in assets or debts
• Moving to a different country or state
• Starting or selling a business

As a general rule, review every 1–2 years even if nothing major has changed.

Not necessarily. A will that is clearly written, signed by you, and witnessed by two adults is legally valid in most jurisdictions without a lawyer.

However, we strongly recommend consulting an estate planning attorney if you have:

• A business or complex business ownership
• Multiple properties across different countries
• International assets
• Blended family situations (children from multiple marriages)
• Trusts or significant investments

A Will takes effect after death and must go through probate court. It is public record.

A Trust is a legal arrangement that can take effect during your lifetime or after death. It avoids probate and remains private.

For most Muslims, a will is sufficient. A trust becomes beneficial when you want to:

• Avoid the probate process (which can be slow and expensive)
• Keep your estate distribution private
• Manage assets for minor children until they reach a certain age

In Islamic law, a verbal will is valid if made in the presence of witnesses. However, in most Western legal systems, verbal wills are not recognized or are only valid in very limited circumstances (e.g., "nuncupative wills" for soldiers in active service).

Faraid (Arabic: فرائض) refers to the fixed inheritance shares prescribed by Allah in the Quran (Surah An-Nisa, 4:11–12 and 4:176). These are obligatory shares that cannot be changed by the deceased.

The Islamic payment order before Faraid distribution is:

• 1. Funeral and burial expenses
• 2. All debts (mortgage, loans, credit cards)
• 3. Unpaid Zakah
• 4. Unpaid Hajj cost (if Fardh Hajj not performed)
• 5. Bequests (Wasiyya — max 1/3 of remaining estate)
• 6. Faraid distribution to heirs

A wife's share depends on whether there are children:

• With children or grandchildren: Wife receives 1/8 of the distributable estate
• Without children: Wife receives 1/4 of the distributable estate

If there are multiple wives, they share the wife's portion equally between them (still 1/8 or 1/4 total, divided among all wives).

No — the Faraid shares are fixed by Allah's command in the Quran (4:11) and cannot be changed in the will.

However, there are two permissible ways to provide more for a daughter:

• Hibah (gift during lifetime): You can give gifts to anyone during your lifetime — no restrictions on amount. These are transfers that happen before death.
• If all other heirs consent: After your death, heirs may voluntarily give their portion to others — this is permissible but cannot be forced.

This is based on Quran 4:11: "For the male, what is equal to the share of two females."

Islamic scholars explain this in the context of the full financial system of Islam:

• A son is financially obligated (Wajib) to support his wife and children
• A daughter has no financial obligation toward her husband or children (that is the husband's duty)
• A daughter's inheritance is entirely her own — no one has a claim on it
• A son must pay Mahr (dowry) to his wife out of his own wealth

When viewed across the full financial picture, Muslim women often receive more financial security overall in the Islamic system.

Parent shares depend on whether the deceased has children:

• Father (with children present): 1/6 fixed share. If no sons, also takes residue.
• Father (no children): Residuary heir — takes the remaining estate after other fixed shares.
• Mother (with children or 2+ siblings): 1/6 fixed share
• Mother (no children, no/1 sibling): 1/3 of estate
• Umariyatain case (spouse + both parents, no children): Mother gets 1/3 of what remains after spouse's share

No. Children (sons or daughters) completely block siblings from inheriting through Faraid. This is known as Hijab (blocking).

Siblings only inherit when:

• The deceased has no children (or grandchildren)
• The deceased has no father or paternal grandfather (in the case of maternal siblings)

According to the majority scholarly opinion in all four Sunni madhabs (Hanafi, Maliki, Shafi'i, Hanbali), a non-Muslim does not inherit through Faraid from a Muslim's estate.

However, you can include non-Muslim family members or friends in your 1/3 bequest (Wasiyya) portion. This is permissible and is considered a gift rather than inheritance.

Yes, provided it meets the legal requirements of your country:

• UK: Must be signed by testator + 2 witnesses (all present simultaneously). Witnesses cannot be beneficiaries.
• USA: Requirements vary by state. Generally: signed, dated, and witnessed by 2 adults. Some states allow holographic (handwritten) wills.
• Canada: Signed by testator + 2 witnesses present at same time. Provincial laws vary slightly.
• Australia: Signed + 2 adult witnesses who aren't beneficiaries. State laws vary.

In most jurisdictions, notarization is not required for a will to be legally valid. Two witnesses are typically sufficient.

However, notarization provides significant benefits:

• Creates a "self-proving will" in many US states, which can speed up probate
• Reduces the risk of challenges — harder to contest
• Provides extra legal certainty in case witnesses are unavailable later

We recommend getting your will notarized if possible — it's a simple extra step with significant long-term benefits.

Witnesses must generally be:

• Adults (18+ in most jurisdictions)
• Of sound mind
• NOT a beneficiary named in the will
• NOT the spouse of a beneficiary
• Present at the same time when you sign

Good choices: trusted friends, neighbors, colleagues, a lawyer, doctor, or Islamic center staff.

Yes, any will can theoretically be challenged. Common grounds for contesting a will include:

• Lack of mental capacity when signing
• Undue influence or coercion
• Improper execution (wrong number of witnesses, not signed properly)
• Fraud or forgery

To minimize risk of successful challenges:

• Get the will notarized
• Have witnesses who can confirm you were of sound mind
• Keep the will updated and dated
• Store it safely and tell trusted people where it is

Store your will in a safe, known, and accessible location:

• Fireproof safe at home (preferred)
• Safety deposit box at a bank (ensure executor can access it)
• With your solicitor or estate attorney
• Probate Registry (UK) for official registration

Always tell your executor and at least one trusted family member where the will is stored. A will that nobody can find at the time of death is as useless as no will at all.

Your estate includes everything you legally own at the time of death:

• Real estate and property (your share only for jointly owned)
• Vehicles, jewelry, gold, silver
• Bank accounts, cash savings
• Stocks, investments, pension funds (check local rules)
• Business ownership stakes
• Intellectual property, royalties
• Money owed to you (receivables)

Not included: Assets held in trust for others, jointly-owned property that passes by right of survivorship, life insurance with named beneficiary, pension funds with nominated beneficiary.

Before any inheritance is distributed, the following must be paid from the estate in this order:

• 1. Funeral expenses — Ghusl, Kafan, burial costs (Ijma' of scholars)
• 2. All debts — mortgage, loans, credit cards, personal debts (Quran 4:11)
• 3. Unpaid Zakah — treated as a debt to Allah (Bukhari/Muslim)
• 4. Unpaid Hajj — Fardh Hajj cost if not performed (Bukhari)
• 5. Bequests (Wasiyya) — up to max 1/3 of net estate
• 6. Faraid — fixed inheritance to Quranic heirs

This depends on how the property is legally held:

• Joint Tenancy: The surviving co-owner automatically inherits the full property (right of survivorship). Your will cannot override this. The property does NOT form part of your estate.
• Tenants in Common: Each person owns a defined share (e.g., 50/50). Your share passes through your will and forms part of your estate.

Yes. Unpaid Zakah is treated as a debt owed to Allah and must be paid from your estate before inheritance distribution.

To estimate unpaid Zakah:

• Calculate 2.5% of your total Zakatable wealth per year you missed
• Zakatable wealth includes: gold, silver, cash savings, business stock, receivables above Nisab threshold
• Current Nisab: approximately 87.48g of gold or 612.36g of silver

Your mortgage does not disappear when you die. The outstanding balance is a debt and must be paid from your estate before inheritance distribution.

Possible outcomes:

• Estate has sufficient liquid assets → mortgage is paid off, property passes to heirs free of debt
• Heirs choose to keep the property → they take over the mortgage payments
• Mortgage insurance (life insurance tied to mortgage) → insurer pays off the balance
• Property must be sold to clear the debt if estate is insufficient

Always include the remaining mortgage balance as a debt in your will so the executor is aware.

The Islamic burial requirements according to Sunnah are:

• Ghusl: Ritual washing of the body by Muslims of the same gender
• Kafan: Shrouding in white cloth (3 pieces for men, 5 for women)
• Salat al-Janazah: Funeral prayer — Fard Kifayah on the community
• Prompt burial: Ideally within 24 hours if possible
• Burial direction: Facing the Qiblah (direction of Mecca)
• No cremation: Strictly prohibited in Islam
• No autopsy unless legally required
• No embalming unless legally required

Yes, and you should specify this in your will. Many Western cities now have dedicated Islamic sections in general cemeteries, or fully Islamic cemeteries.

In your will, specify:

• Your preferred cemetery by name and city
• Request for the Islamic section specifically
• Your funeral appointee's name and contact
• Name of mosque to contact for Ghusl and Janazah arrangements

No. Cremation is unanimously prohibited (Haram) in Islam across all four major Sunni madhabs.

The human body is considered an Amanah (trust) that must be treated with dignity. The Quran and Sunnah emphasize burial in the ground.

Yes, and it is highly encouraged. Pre-planning your Islamic funeral:

• Removes the financial and emotional burden from your family
• Ensures your wishes are followed exactly
• Locks in today's prices against future cost increases
• Reduces risk of family disputes about arrangements

Contact your local Islamic funeral service or mosque to discuss pre-arrangement options. Note the funeral plan details and contact in your will so your executor knows exactly who to call.

You can give a maximum of 1/3 (one third) of your net estate as bequests (Wasiyya). This is based on the famous Hadith of Sa'd ibn Abi Waqqas in Sahih Bukhari (2744) where the Prophet ﷺ said: "One third, and one third is a lot."

Net estate = Total assets − debts − funeral expenses − unpaid Zakah − unpaid Hajj

If you bequest more than 1/3, the excess requires the consent of all your heirs after your death. Without their consent, only 1/3 is enforceable.

Yes, and this is one of the most rewarding acts you can do. A bequest to a mosque, Islamic school, orphanage, or charitable cause is Sadaqah Jariyah — continuous charity that earns you rewards even after death.

The Prophet ﷺ said: "When a person dies, his deeds come to an end except for three: Sadaqah Jariyah, knowledge that is benefited from, or a righteous child who prays for him." (Muslim)

Yes. While non-Muslims cannot receive Faraid (fixed inheritance shares), you can include them in your 1/3 bequest portion as a voluntary gift.

This is permissible according to the majority of scholars — there is no prohibition on gifting to non-Muslims from the bequest portion.

"Laa wasiyyata li waris" means: "There is no bequest for an heir." (Hadith — Abu Dawud, Tirmidhi, Ibn Majah)

This means you cannot use the bequest portion (1/3) to give extra to your Quranic heirs (children, spouse, parents, siblings who inherit).

Why this rule exists:

• Prevents favoring one heir over another unfairly
• Prevents circumventing the Faraid rules through bequests
• Protects all heirs' rights equally

Yes. HiraTrust takes your privacy seriously. Your will data is:

• Encrypted in transit (HTTPS/TLS)
• Stored securely in your personal account
• Never shared with third parties
• Accessible only by you with your credentials

You can also enable biometric lock (Face ID / fingerprint) on the mobile app for an extra layer of protection.

Yes. You can create, save, and manage multiple wills in your account. This is useful for:

• Keeping a draft while your current will remains active
• Exploring different distribution scenarios
• Creating wills for multiple family members

You can duplicate an existing will and edit the copy, or start a fresh one from scratch. Your "My Wills" page shows all saved versions.

Once you complete all 8 steps of the will wizard:

• Go to Step 8: Summary
• Review your complete will document on screen
• Tap the "Download PDF" button
• The PDF will save to your device

After downloading:

• Print the document
• Sign it in front of 2 witnesses
• Have the witnesses sign as well
• Store the signed original safely

HiraTrust's inheritance calculator uses Sunni Hanafi jurisprudence as its primary basis, which is the most widely followed madhab globally (South Asia, Turkey, Central Asia, Middle East).

The core Faraid shares (fixed fractions for spouse, parents, children) are the same across all four Sunni madhabs — the differences only arise in edge cases involving distant relatives.