UAE: When do wills become mandatory in Islam?

Here’s a guide to writing wills based on Sharia law, as explained by the Grand Mufti who recently led a forum in Dubai

In Islam, writing a will is highly recommended — but if there are disputes within the family, it becomes an obligation, according to the Grand Mufti in Dubai.

The emirate’s Islamic Affairs and Charitable Activities Department (Iacad) recently held a forum explaining why and how wills should be written and how they can impact communities.

Its importance has been emphasised in the words of Prophet Muhammad (Peace be upon him): “It is the duty of a Muslim who has something that is to be given as a bequest [or devise] not to spend two nights without writing a will about it.”

Islamic law doesn’t specify a formula for writing wills — what is important is to include all necessary details to clarify issues that have to straightened out, said Alkobaisi.

Here are some points:

“The will can only be made with part of the money, to a maximum of one-third of the entire inheritance. Furthermore, the beneficiary of the will can only be someone who is not an heir,” said Dr Alkobaisi.

The Grand Mufti further mentioned that if a person made a will with more than a third, only one-third will be considered during the execution of the will after death, except if the heirs agree to execute more than one-third.

“If a person made a will to an heir, then it will not be executed after death, except if the heirs agree to execute it,” said Dr Alkobaisi.

A person can write the will during his lifetime, voluntarily and in full capacity, to donate a share of his money or property to another person or to an entity, to be executed after his death.

“He can also write a will that a portion of his money be spent on whatever good cause that he specifies,” said Dr Alkobaisi.

“The person who makes the will can decide the beneficiaries, their shares, and how the will is distributed.”