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FAQs
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As I understand it, the Islamic Law of Inheritance (i.e. Faraid) already determines a deceased person's heirs as well as their respective shares. Why should I waste my time and money to have a Wasiat written?

Faraid provides distribution of inheritance for legal Muslim heirs. Wasiat, i.e. the Islamic Will, allows for the distribution of one-third of a deceased’s estate to needy non-heirs. A testator may have some poor non-heirs or charities in mind. Writing a Wasiat gives an opportunity for him to continuously receive rewards from Allah after death for his act of bequeathing part of his estate to some poor non-heirs or to charities and other Islamic purposes.


Does Islam encourage the writing of Wasiats?

Islam encourages the writing of Wasiat. Narrated Abdullah bin Umar R.A "It is not permissible for any Muslim who has something to Will to stay 2 nights without having his last Will and Testament written and kept ready with him."


Even if Islam encourages the writing of Wasiats, it would be easier for me just to copy the sample provided, e.g. under the Selangor Islamic Will Enactment 1999.

The sample only provides a simple Wasiat, whereas as-Salihin provides customized Wasiats tailor-made to individual needs as well as other services to living beneficiaries tailor made to their needs and position to prevent conflicts and uncertainties upon your death..


I am a single person with no close relatives. Why should I write a Wasiat?

If you don't write a Wasiat and you don't have any legal heirs to give to, all the properties will go to Baitul Mal, the Muslim Treasury. You can benefit someone in particular by writing the Wasiat of one-third of your total net assets whilst the rest would devolve to Baitul Mal. Both deeds enjoy virtues.


I have more liabilities than assets. Can I write a Wasiat?

You can write a Wasiat. Your liabilities however have to be settled first before distribution of your remaining assets, if any, to your beneficiaries, can be made.


I have minor children and have kept some properties for their benefit. Can as-Salihin act as guardian of such property for the children?

Yes, as-Salihin is so appointed.


Is it possible for me to appoint as-Salihin to also be the legal guardian of my children?

You can appoint as-Salihin to be the legal guardian only over the property of the minor but not over him personally. Personal guardianship must be appointed in accordance to Islamic law.


Can as-Salihin act as Custodian of my minor children?

No, it cannot. The right of custody over children is given, principally, to close female relatives only.


I am a convert to Islam and my parents are still non-Muslims. I understand that in Islam, parents have a definite share of inheritance in the event of a person's death. Can my parents inherit from me upon my death?

Only Muslims may benefit from the inheritance of a Muslim. As your parents are non Muslims, they cannot inherit from you.


Can I benefit my non-Muslim parents and relatives by writing a Wasiat?

Yes.


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