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ARTICLE · 27 JULY 2015

Wills

Dr Hassan Elhais
Dr Hassan Elhais
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Dr Hassan Elhais

Dr Hassan Elhais

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No less than the Qura'n stressed the importance of wills as part of an Islamic conduct called al wassiya.

United Arab EmiratesFamily and Matrimonial

Do Muslims need a will?

No less than the Qura'n stressed the importance of wills as part of an Islamic conduct called al wassiya. It is part of the Muslim person's obligation to transmit their properties to their heirs upon their death in accordance with Sharia principles. Through wills, Muslims can bequeath part of their property to persons who otherwise cannot inherit by operation of law.

Islamic will includes:

Bequests or legacies

Instructions

Admonishments

Assignment of rights

How to draft an Islamic will under Sharia

A will requires a Testator known as Al-Musi, a Legatee known as Al-Musa lahu and an executor with two witnesses of legal age.

Before the estate will be distributed among the heirs, debts owed by the deceased at the time of his death must be paid and funeral expenses paid from deceased assets must be deducted first. Al Wassiya of the deceased is also honored as long as this does not exceed 1/3 of the reserved portions for the

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