What Can Be Included in the ‘Wasiyyah’ Section of a Will?

In Islamic inheritance law, the wasiyyah (bequest) section of a Will plays an important role. It allows Muslims to specify a portion of our estate to be distributed to individuals or causes outside our obligatory heirs. This provides flexibility to support relatives, other loved ones, charities, or causes that are meaningful to the person making the Will (muwassi), while still following the principles of Islamic inheritance.

What Is a Wasiyyah?

The wasiyyah allows a person to give away up to one-third of their estate to individuals or causes outside the primary heirs. According to the Prophet Muhammad (s.a.w.):

“Allah has given each person his due right, so there is no bequest for an heir.”(Sunan Abi Dawud, Hadith 2870)

This hadith clarifies that the wasiyyah should not be allocated to heirs who already have a fixed share in the inheritance. Instead, it can be used for:

1. Non-Inheriting Relatives: Family members not entitled to a fixed share in the inheritance can be included. For example, this may include adopted / foster children, a niece, nephew, cousin, or distant relative who could benefit from financial support. By including them in the wasiyyah, we can still provide assistance and honour familial bonds.
2. Friends and Neighbours: Friends or neighbours who have played a significant role in our life or may be in financial need can also be beneficiaries of the wasiyyah. The Prophet Muhammad (s.a.w.) said: “He is not a believer whose stomach is filled while his neighbour goes hungry.”(Sahih al-Bukhari)Supporting friends or neighbours through a bequest reflects Islamic values of compassion and care within the community.
3. Charitable Causes and Organisations: The wasiyyah is an excellent way to support charitable organisations or initiatives that align with our values. This can include contributions to mosques, Islamic schools, hospitals, or other community projects. The Qur’an encourages giving in charity as a way to seek closeness to Allah:“And whatever you spend in good, it will be repaid to you in full, and you will not be wronged.”(Surah Al-Baqarah, 2:272)
4. Educational Endowments and Scholarships: Setting up an endowment or scholarship fund can be a lasting form of sadaqah jariyah (ongoing charity) that benefits others long after we are gone. Providing for education aligns with the emphasis on knowledge and learning in Islam.
5. Non-Muslim Relatives or Friends: Islamic scholars have allowed bequests to non-Muslims who may be relatives or friends of the deceased. This gesture of kindness is permissible and encourages peaceful relationships with those of other faiths. It also reflects the Islamic teaching of respecting ties of kinship and friendship.
6. Debt Relief for Others: Assisting others with paying off debts through a wasiyyah aligns with Islamic teachings on relieving financial burdens. The Prophet Muhammad (s.a.w.) greatly emphasised debt relief, stating:“Whoever relieves a Muslim of a burden, Allah will relieve him of one of the burdens on the Day of Judgment.”(Sahih Muslim)
7. Hajj or Umrah Sponsorship: If there are individuals, such as elderly parents or community members, who could not perform Hajj or Umrah due to financial or physical constraints, part of the wasiyyah can be dedicated to sponsoring their pilgrimage. Fulfilling this religious obligation on their behalf can bring great blessings.

Contemporary Fatawa on Who Can Benefit from a Wasiyyah

While traditional schools of jurisprudence held the view the fixed beneficiaries who already were entitled to inheritance are not permitted to benefit from the wasiyyah, according to some later Hanafi scholars and contemporary jurists, fixed heirs can benefit if all other fixed heirs give explicit, informed consent after the death of the testator.

This is based on the reasoning that:

1. The prohibition is to prevent injustice and circumvention of obligatory shares.
2. If all adult heirs voluntarily consent after the testator's death, it becomes a gift from their own shares, not a violation of divine shares.
3. This is treated more as a posthumous gift or redistribution, not an overruling of the prophetic decree.

Examples of Wasiyyah from the Sahaba (Companions of the Prophet)

1. Uthman ibn Affan (r.a.): The Well of Ruma: Uthman purchased a well known as the Well of Ruma, which had previously been owned by a non-Muslim who charged exorbitant prices for water. Uthman paid for the well and made it free for all Muslims to use. He reportedly stated that his investment was intended as a form of ongoing charity, and bequest was implemented after his passing.
2. Abdullah ibn Umar (r.a.): Bequest of Land: Abdullah ibn Umar bequeathed his land for charitable purposes, ensuring that the proceeds from its cultivation would be used to support the poor and needy. This act was seen as a means to create a sustainable source of charity for the community.

Important Considerations in Creating a Wasiyyah

1. Adhering to the One-Third Limit: Islamic law restricts the wasiyyah to one-third of the estate. The Prophet Muhammad (PBUH) confirmed this limit when he advised:“One-third, and one-third is a lot. It is better to leave your heirs rich than to leave them dependent and asking from people.”(Sahih al-Bukhari, Hadith 2742)This guideline ensures that the majority of a Muslim’s wealth goes to their rightful heirs, protecting family members from financial insecurity.
2. Fairness and Justice: When making a wasiyyah, it’s important to consider fairness, as Islam encourages justice. Choosing beneficiaries who may need assistance the most or causes that will benefit society aligns with the ethical principles of Islam.
3. Ensuring Compliance with Local Law: In Australia, a legally recognised Will must follow Australian inheritance laws. A Will that includes a wasiyyah should therefore be drafted with the help of professionals knowledgeable in both Australian and Islamic law to ensure it meets all requirements. MuslimWills provides services designed for this purpose, offering legal support and Islamic guidance in a single platform.

Benefits of Including a Wasiyyah

Including a wasiyyah in our Will fulfills a variety of religious, social, and personal objectives:

• Spiritual Fulfillment: Following the Sunnah in making a bequest and sharing wealth for beneficial causes can bring ongoing reward (sadaqah jariyah) even after death.
• Social Responsibility: Supporting charitable organisations, educational institutions, or those in need helps strengthen the community and uphold Islamic values.
• Personal Legacy: The wasiyyah allows us to leave a personal legacy that reflects our values, passions, and compassion, providing benefits beyond our immediate family and everlasting reward.