Islamic wills

To fulfill an important religious duty.

Islamic wills created by lawyers

Did you know having a Will ensure that your wishes upon death are carried out. If you die without a Will, your estate is distributed according to the laws of the relevant State or Territory. Without a Will, your estate will not be distributed according to your wishes and those closest to you may miss out on valuable assistance from your estate.

It is important that you have a validly executed Will prior to your death to ensure your estate is distributed and managed in accordance your Shariah obligations. Failure to do so may cause you not to fulfil your Islamic duties at death.

Features of a Hejaz Lawyers Islamic Will

Compliant with Australian laws and Shariah

Our Islamic Wills are written by skilled legally trained lawyers to ensure the validity of your Will but also reviewed by esteemed Islamic scholars to ensure that it is Shariah compliant.

Shariah compliant distribution and inheritance

We will ensure that the distribution and beneficiaries under your Will are made in accordance with Shariah requirements. You and your loved ones can rest easy knowing that you have done your utmost to fulfil Allah’s wishes.

Burial Rites

By executing (signing) a valid Islamic Will, a Muslim can give directions for the executor to make proper preparations for the washing and shrouding of the body. In addition, directions can be made for the funeral procession, salat ul Janazah (funeral prayer) and the burial. This allows a Muslim to protect their rights and have an Islamic funeral.

Autopsy

A valid Islamic Will, containing directions for the prevention of an autopsy, is vital evidence in stopping an autopsy if it is ordered by the Coroner. In addition, an Islamic Will can contain provisions for preventing removal and donation of organs and other internal body parts.

Guardianship of Minors (Children)

A valid Islamic Will can also provide guardians for any children under the age of 18. This means you will control who looks after your children in the event that both you and your spouse pass away at the same time. We will help you select an appropriate guardian who will ensure that your children are raised by persons who share your values and beliefs. In addition, a valid Islamic Will also provides for a trust to be created for the maintenance of a minor until they become adults.

The importance of the Islamic Will is clear from the following two hadith:

In Surah al-Nisa’ after mentioning the rules of inheritance Allah says, “… an obligation (faridah) from Allah and Allah knows every thing and is most Wise. These are the limits of Allah and he who obeys Allah and His Messenger, He will enter him in heavens beneath which rivers flow, abiding there forever and that is a great success. But he who disobeys Allah and His Messenger and transgresses His limits, He will enter him in hell to live there for ever and for him is a humiliating punishment. “(4:11-14).

Imagine facing Allah having enjoyed all the luxuries this life has to offer but never having taken consideration for one’s own transition into the next life.

“It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a will about it.” (Sahih al-Bukhari)

“A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If, (on the other hand), a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the Garden.” (Ahmad and Ibn Majah)

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