Where Should Directions for Sadaqah Jariyah Be Placed in my Will?

One of the most common errors Muslims make when completing their Will on the MuslimWills platform is to record a request for sadaqah jariyah (ongoing charity) in the “Personal Wishes” section of a Will, instead of setting it out clearly in the “Wasiyyah” section. This is an important issue, because while both sections allow you to express your wishes, including sadaqah jariyah in the Wasiyyah section ensures enforceability under both Australian law and Islamic inheritance principles.

Understanding Sadaqah Jariyah

Sadaqah jariyah refers to charity that continues to benefit people long after the giver has passed away. The Prophet Muhammad (ﷺ) said:

“When a person dies, his deeds come to an end except for three: ongoing charity, beneficial knowledge, or a righteous child who prays for him.” (Muslim, 1631)

Examples include:

• Writing or publishing a beneficial book.
• Funding a building dedicated to learning or worship.
• Planting a tree that provides benefit for generations.
• Establishing a waqf (endowment fund) that supports charitable causes indefinitely.

Clearly, sadaqah jariyah is a powerful way to leave a legacy of benefit. But how should it be recorded in your Will?

Include it in your Wasiyyah!

Islamically, a person may allocate up to one-third of their estate through a Wasiyyah (discretionary bequest) to individuals or causes of their choice. This portion can be directed to family members, friends, or charitable initiatives such as sadaqah jariyah. The remaining two-thirds of the estate is distributed according to the fixed shares outlined in Islamic inheritance law (Fara’id), ensuring that heirs receive their rightful portions.

For detailed guidance on preparing a Wasiyyah and examples of how it can be applied, see our article on what to include in a Wasiyyah.

Why the Wasiyyah Section?

To make sure your sadaqah jariyah continues to benefit others even after your passing, it’s important to record it in the Wasiyyah section of your Will. Here’s why:

a) It’s legally binding

When listed in the Wasiyyah, your sadaqah jariyah becomes a formal instruction for your Executor to carry out as a "discretionary bequest". Unlike “personal wishes,” which are just guidance, the Wasiyyah makes it a legal obligation.

b) It actually gets done

When a person passes away, their estate is distributed in a specific order:

1. Debts and obligations – any outstanding debts, taxes, funeral costs, and administrative expenses are paid first.
2. Wasiyyah (discretionary bequests) – up to one-third of the estate can be allocated to causes or individuals of your choice, including sadaqah jariyah.
3. Fara'id (fixed shares for heirs) – the remaining estate is distributed according to Islamic inheritance laws to your entitled heirs.

Including your sadaqah jariyah in the Wasiyyah section ensures it is actually carried out. If left in the personal wishes section, there is a risk that after debts and obligations are settled, there may be nothing left or it might rely on heirs to voluntarily contribute from their share. Recording it in the Wasiyyah makes it legally binding for your Executor, provides clear instructions on how it should be implemented, and guarantees that your charitable intentions are fulfilled exactly as you planned.

c) Clear guidance for Executors

Naming the sadaqah jariyah in the Wasiyyah tells your Executor exactly what you want, who should receive it, and how it should be used. This clarity helps make sure your charitable intentions are followed exactly as you planned.

Best Practice Recommendation

At MuslimWills, we recommend a dual approach:

• Wasiyyah Section: Specify the amount (or percentage) of your estate to be allocated, name the Executor or organisation entrusted with carrying it out, and state clearly that it is for sadaqah jariyah.
• Personal Wishes Section: Provide supplementary guidance to help your Executor select a project or structure (for example, establishing a waqf, planting trees, or funding a community education initiative).

This combination ensures that your charitable intentions are both legally enforceable and spiritually aligned.