Authored by: Saudi Fatwa Committee
The will should be written using the following specific phrase:
"I, the testator, while testifying to the Oneness of Allah, the Prophethood of the Noble Messenger ﷺ, the servanthood and messengership of 'Isa, the Word of Allah cast towards Maryam, and the Spirit from Him, the truth of Paradise and Hell, the certainty of the Day of Judgment, and the resurrection from graves, hereby advise my family members and all my relatives to adopt piety (taqwa), maintain mutual reconciliation, enjoin the truth, and be patient upon it. I also bequeath to them the same will that Ibrahim (peace be upon him) made to his sons and that Ya‘qub (peace be upon him) made to his descendants:"
يَا بَنِيَّ إِنَّ اللَّهَ اصْطَفَىٰ لَكُمُ الدِّينَ فَلَا تَمُوتُنَّ إِلَّا وَأَنتُم مُّسْلِمُونَ
[Al-Baqarah: 132]
“O my sons! Indeed, Allah has chosen this religion for you, so do not die except while you are in submission to Him.
After this, if the person intends to bequeath one-third of their wealth, or less, or a specific property (not exceeding one-third), they should mention it, specify its Shari'ah-compliant recipients, and name the appointed executor. If a person desires to bequeath something, it is recommended (mustahabb) but not obligatory.
It is narrated from ʿAbdullāh ibn ʿUmar (رضي الله عنه) that the Prophet ﷺ said:
“It is not right for a Muslim who has something to will, to stay for two nights without having his will written with him.”
[Sahih al-Bukhari, Hadith No. 2738; Sahih Muslim, 1627]
However, if a person has debts or legal responsibilities which are not supported by documented evidence, then it becomes obligatory to include these in the will.
It is also essential that the will is witnessed by two just individuals, and a trustworthy and knowledgeable person should write the certification of the will. One should not rely solely on their own handwriting, as this could lead to confusion or complications for those responsible. Additionally, it is not always easy to find a reliable person familiar with the testator.
[Source: Ibn Bāz, Majmūʿ al-Fatāwā wa al-Maqālāt: 26/20]
❖ Shari'ah-Compliant Wording for the Will
The will should be written using the following specific phrase:
"I, the testator, while testifying to the Oneness of Allah, the Prophethood of the Noble Messenger ﷺ, the servanthood and messengership of 'Isa, the Word of Allah cast towards Maryam, and the Spirit from Him, the truth of Paradise and Hell, the certainty of the Day of Judgment, and the resurrection from graves, hereby advise my family members and all my relatives to adopt piety (taqwa), maintain mutual reconciliation, enjoin the truth, and be patient upon it. I also bequeath to them the same will that Ibrahim (peace be upon him) made to his sons and that Ya‘qub (peace be upon him) made to his descendants:"
يَا بَنِيَّ إِنَّ اللَّهَ اصْطَفَىٰ لَكُمُ الدِّينَ فَلَا تَمُوتُنَّ إِلَّا وَأَنتُم مُّسْلِمُونَ
[Al-Baqarah: 132]
“O my sons! Indeed, Allah has chosen this religion for you, so do not die except while you are in submission to Him.
✿ Instructions Regarding the Property
After this, if the person intends to bequeath one-third of their wealth, or less, or a specific property (not exceeding one-third), they should mention it, specify its Shari'ah-compliant recipients, and name the appointed executor. If a person desires to bequeath something, it is recommended (mustahabb) but not obligatory.
It is narrated from ʿAbdullāh ibn ʿUmar (رضي الله عنه) that the Prophet ﷺ said:
“It is not right for a Muslim who has something to will, to stay for two nights without having his will written with him.”
[Sahih al-Bukhari, Hadith No. 2738; Sahih Muslim, 1627]
✔ Mandatory Will in Certain Circumstances
However, if a person has debts or legal responsibilities which are not supported by documented evidence, then it becomes obligatory to include these in the will.
It is also essential that the will is witnessed by two just individuals, and a trustworthy and knowledgeable person should write the certification of the will. One should not rely solely on their own handwriting, as this could lead to confusion or complications for those responsible. Additionally, it is not always easy to find a reliable person familiar with the testator.
[Source: Ibn Bāz, Majmūʿ al-Fatāwā wa al-Maqālāt: 26/20]
