The Ruling on Wills
Wills are recommended for individuals who possess substantial wealth with no immediate need for their heirs to it. They have the option to allocate a portion of their assets for philanthropic endeavors, ensuring that they receive spiritual rewards even after their passing. It is essential, however, that the amount designated in the will does not exceed one-third of the estate. In contrast, creating a will becomes obligatory for those in debt, whether to God Almighty or to others, or for individuals who hold trust for another. In such cases, it is vital that they document their will clearly to protect the rights of others. Furthermore, if a Muslim leaves behind significant wealth, it is required that they bequeath no more than one-third of it to non-inheriting relatives. Wills are considered prohibited if a Muslim bequeaths to one of the heirs, such as a favored son or spouse, thus giving preference to one over the remaining heirs.
Conditions for Valid Wills
For a will to be valid, it is necessary to have a testator, a beneficiary, and a subject matter of the bequest. The following are the essential conditions that must be met by each party involved:
- Conditions for the Testator: The testator must possess full legal capacity to make charitable bequests, which is confirmed by being rational, of legal age, free, and not under guardianship due to folly or incapacity.
- Conditions for the Beneficiary: The beneficiary must not be an heir of the testator and must not have caused the testator’s death through any unlawful means.
- Conditions for the Subject of the Bequest: The bequest must consist of property that can be owned posthumously for any legitimate reason, and it should be an asset that can be appraised in respect to the contracting parties.
The Wisdom Behind the Legitimacy of Wills
One of the merciful provisions of Allah -Exalted be He- for His servants is the allowance of wills. This enables Muslims to compensate for opportunities lost in performing acts of charity and good deeds, thereby increasing their merits in the eyes of Allah. Through a will, a Muslim can dedicate a portion of their wealth to assist the poor and needy, which can yield significant benefits for them. Additionally, individuals can express gratitude to those who have shown them kindness through their wills or strengthen their ties with their non-inheriting relatives, thus augmenting their rewards and good deeds even after they have departed this world.