Question:
is writing a will whilst living in a non muslim country a fard, wajib, or recommended act?
if someone is a youth, do they have to write a will for their missed prayers and fasts? they don’t think they have to write a will because they have intention to make up all their fasts and prayers and also they are young and Alhamdulillah mashaAllah it doesn’t seem like death is upon them. of course anyone can die at any moment
but if someone is young and not terminally ill, does writing a will become fard on them?
what if someone thinks that the distribution of wealth will take place according to laws of inheritance even without a will? Because intestacy laws will give their wealth to their family members and the family members will then distribute it properly according the laws of inheritance.
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
Writing and preparing a Will is undoubtedly very important, especially in non-Muslim countries, insuring that upon death, one’s wealth and assets are distributed according to Shariah.
The Prophet ﷺ said: “It is not befitting for a Muslim who has something to make a Will of, to remain for two nights without having one’s last Will and testament written and kept ready with one.”
The narrator of this Hadith (Abd Allah ibn Umar ibn al-Khattab) stated after hearing this
“I did not let even one night pass by except that my Will would be kept by me.”
Making a Will becomes even more important in non-Muslim countries. The reason being is that, failing to leave a valid written Will can result in the law of the land deciding on how your estate is to be distributed, which obviously will not be in accordance with Shariah (Islamic law). Writing a Will is not only for old people, rather all those who have reached puberty should quickly get their Will prepared, for there is no guarantee of when one will die.
Therefore, one should (highly recommended) still write a will, it may be a simple one stating that their belongings must be shared according to the laws of Shari’ah.
For further reading see: https://fatwa-tt.com/importance-of-preparing-ones-will-testament-islamically/
https://fatwa-tt.com/islamic-will-template-trinidad-and-tobago/
And Allah Ta’āla Knows Best
Mufti Arshad Ali
Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)
