Jamiatul Ulama KZN

Drawing up non-Shariah Wills

· 4 Rabiʻ II 1448 AH1 min readEnglish

Question

As a Muslim solicitor, is it permissible for me to draw up a non-Shariah will for my Muslim clients?

Answer

It is not permissible for a solicitor (legal professional) to prepare a non-Shariah-compliant will for a Muslim client, as it will amount to assisting in sin.

Allah Ta’ala says in the Qur’an: “Do not assist each other in sin and transgression.” (Surah Maaidah)

N.B. The Jamiatul Ulama KZN offers a free service to the public to assist Muslims with their Islamic Wills. We can advise you and answer questions relating to your Will, inheritance, and any proposed estate planning, to ensure that your arrangements are valid according to Shariah. We encourage Muslims to attend to these matters during their lifetime and not leave them until it is too late. To arrange an appointment, please contact the Jamiatul Ulama KZN office on 031 207 7099.

Islamic Wills are also available to download here.

And Allah Ta’ala Knows Best

Answered by
Mufti Muhammed Hamza Farooqui, Mufti Taahir Hansa
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Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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Source: Jamiatul Ulama KZN — https://jamiat.org.za/drawing-up-non-shariah-wills/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-39518

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