What is the Wasiya?
The Wasiya (الوصية) is the will in Islam. It is a legal act by which a person disposes of part of their property after death, in favor of persons or causes of their choice.
Unlike the Western system where you can bequeath all your property to anyone, Islam strictly regulates the will to protect the rights of legitimate heirs.
The one-third rule (1/3)
The fundamental principle is that the will can only cover a maximum of one-third (1/3) of the estate.
Sa'd ibn Abi Waqqas asked the Prophet (ﷺ) if he could bequeath all his wealth. The Prophet replied: "No." He asked: "Half?" The Prophet said: "No." He asked: "One-third?" The Prophet said: "One-third, and one-third is much. It is better to leave your heirs wealthy than to leave them poor, begging from people."
Important
This third is calculated on the net estate, i.e., after deduction of debts and funeral expenses.
Who can you bequeath to?
The will can be made in favor of:
Non-heirs
Distant relatives, friends, neighbors in need, people who helped you...
Charitable works
Mosques, schools, orphanages, charitable organizations...
Pious works
Sadaqa jariya (ongoing charity), wells, fruit trees...
What is forbidden
Bequeathing to an heir
You cannot bequeath by will to someone who already inherits. The Prophet (ﷺ) said: "No bequest for an heir."
Exceeding one-third
Anything exceeding one-third is only valid if heirs unanimously accept it after death.
Bequeathing to harm
A will made with the intention of unfairly depriving heirs is considered a sin.
Exception: heirs' agreement
If all heirs agree after death, they can:
- Accept a bequest exceeding one-third
- Accept a bequest in favor of another heir
This agreement must be given freely, with full knowledge, by all adult and capable heirs.
Practical recommendations
Tips for drafting your will
- 1.Put it in writing and date it
- 2.Have it signed by two Muslim witnesses
- 3.Keep a copy in a safe place and inform a relative of its existence
- 4.Don't forget to recommend that your heirs respect Islamic rules
- 5.You can modify or cancel it at any time during your lifetime