Wasiyyah FAQ: Your Most Common Islamic Will Questions Answered

These are the questions our community asks most often about writing an Islamic will. We have answered each one directly, with the Islamic ruling and the UK legal position where both are relevant.

Do I need a solicitor to write a Wasiyyah?

No. A Wasiyyah does not legally require a solicitor. For it to be a valid civil will in England and Wales, it must be:

• In writing
• Signed by you
• Signed in the presence of two witnesses who are present simultaneously
• Both witnesses must also sign in your presence
• Witnesses must not be beneficiaries or married to beneficiaries

A professionally generated Wasiyyah from a tool like AmanahSuite's Wasiyyah Builder, printed, signed, and witnessed correctly, is as legally valid as a document drawn up by a solicitor.

A solicitor may be advisable for very large estates, complex family situations (multiple marriages, business ownership, international assets), or where family disputes are expected.

Can I write a Wasiyyah if I have minimal assets?

Yes — and you should. A Wasiyyah serves purposes beyond distributing wealth:

• It records your janazah (funeral) instructions
• It appoints guardians for minor children
• It names your executor
• It records the 1/3 bequest for charity

Assets can change dramatically before death. A property, inheritance, or life insurance payout may significantly change your estate. Having a Wasiyyah in place means your Islamic wishes are captured regardless of when death occurs.

What happens if I die without a Wasiyyah in the UK?

UK intestacy rules apply — not Faraidh. The Administration of Estates Act 1925 distributes your estate mechanically:

• Spouse gets the first £322,000 plus half the remainder
• Children split the other half equally (sons and daughters equally — contradicting Faraidh)
• Non-Muslim spouses receive the same rights as Muslim spouses
• Parents receive nothing if there is a surviving spouse and children

Can I update my Wasiyyah?

Yes. You should update it whenever:

• You marry or divorce
• A child is born
• An heir named in the Wasiyyah dies
• Your assets change significantly
• You change your mind about the 1/3 bequest

Each new Wasiyyah should include the statement: "I hereby revoke all previous wills and testamentary dispositions." This ensures there is no ambiguity about which document is current.

Keep copies in multiple locations and tell your executor and a trusted family member where to find the original.

Can my witnesses be Muslim?

Witnesses do not need to be Muslim for civil validity — any two adults of sound mind who are not beneficiaries can witness. For the Islamic validity of the document (as a religious deed), scholars recommend Muslim witnesses, but civil law has no religion requirement.

Can I leave everything to my spouse?

No — you cannot override Faraidh. If you have children, your spouse's maximum Faraidh share is 1/8 (if they are your wife) or 1/4 (if your husband). The children receive their compulsory Faraidh shares.

However, you can use the 1/3 bequest to supplement your spouse's share if you feel the Faraidh fraction is insufficient for their needs. Some scholars also note that if all heirs unanimously consent after death to a different distribution, they may choose to give more to the spouse.

Also check whether your home is held as joint tenants or tenants in common:

• Joint tenants: The property passes automatically to the surviving joint owner — outside your Wasiyyah and outside Faraidh
• Tenants in common: Your share passes under your Wasiyyah and is subject to Faraidh

What is the difference between a Wasiyyah and a civil will?

A Wasiyyah is an Islamic religious document based on Quranic inheritance principles. A civil will is a document that is legally enforceable under English law.

They can be the same document if the Wasiyyah meets the Wills Act 1837 requirements. Most Muslims should ensure their Wasiyyah also serves as a valid civil will — otherwise UK intestacy law may apply despite their Islamic wishes.

Can I leave money to a non-Muslim?

Yes — from your optional 1/3 bequest. Non-Muslims cannot receive Faraidh shares, but the 1/3 bequest can go to anyone: a non-Muslim spouse, parents, children, or a charity regardless of religious affiliation.