What is Wasiyyah?

Wasiyyah (also spelled Wasiyya or Wassiyah) is the Islamic term for a discretionary bequest or will. It refers to the portion of your estate – up to one-third – that you can distribute according to your personal wishes, separate from the fixed Faraid shares.

This provision is based on the hadith where the Prophet Muhammad (peace be upon him) said: “It is not permissible for any Muslim who has something to will to stay for two nights without having a written will.†(Bukhari and Muslim)

The One-Third Rule

Islamic law permits you to leave up to one-third (33.33%) of your estate through Wasiyyah to anyone you choose. The remaining two-thirds (or more, if you use less than one-third) must be distributed according to Faraid rules.

Why only one-third?

This limit ensures that:

  • Primary heirs (family members) receive their due portions
  • The Muslim community maintains family-oriented wealth distribution
  • Balance exists between individual wishes and communal obligations
  • Fixed heirs are not unfairly disadvantaged

The one-third limit came from a famous hadith where Sa'd ibn Abi Waqqas asked the Prophet (PBUH) if he could give all his wealth to charity. The Prophet advised him to limit it to one-third, explaining that leaving your heirs wealthy is better than leaving them poor.

Who Can You Leave Wasiyyah To?

You can use your Wasiyyah for:

Permissible Recipients

  • Charities: Islamic charities, mosques, schools, hospitals
  • Non-relatives: Friends, caregivers, community members
  • Distant relatives: Those who wouldn't normally inherit under Faraid
  • Non-Muslim relatives: Who cannot inherit through Faraid
  • Adopted children: Who aren't biological heirs under Islamic law
  • Causes: Islamic education, dawah work, community projects

Restricted Recipients

Classical Islamic law states you should not use Wasiyyah to give additional shares to Faraid heirs unless all other adult heirs consent. This prevents undermining the Faraid system.

Common Uses of Wasiyyah

Muslims commonly use Wasiyyah for:

1. Charitable Giving (Sadaqah Jariyah)

Leaving a legacy of ongoing charity that continues to benefit you after death:

  • Building or maintaining mosques
  • Funding Islamic schools
  • Supporting orphans
  • Providing clean water projects
  • Endowments (Waqf) for community benefit

2. Caring for Dependents

  • Non-Muslim spouses (who cannot inherit via Faraid)
  • Adopted children or stepchildren
  • Elderly parents-in-law
  • Disabled relatives who need extra support

3. Expressing Gratitude

  • Thanking caregivers
  • Recognizing friends who supported you
  • Rewarding people who helped you in difficult times

4. Religious or Educational Purposes

  • Funding Hajj for others
  • Supporting Islamic scholars
  • Distributing Qurans or Islamic books
  • Sponsoring students of Islamic knowledge

How to Calculate Wasiyyah

Here's a simple example:

Total estate value: £300,000

Maximum Wasiyyah (1/3): £100,000

You decide to use £80,000 of your Wasiyyah allowance:

  • £40,000 to Islamic Relief
  • £20,000 to your local mosque
  • £20,000 to your adopted daughter

Remaining estate for Faraid distribution: £220,000

This remaining amount is distributed among your Faraid heirs (spouse, children, parents, etc.) according to their prescribed shares.

Wasiyyah and English Law

English law allows you complete freedom to leave your entire estate to anyone you choose. However, as a Muslim, choosing to limit yourself to the one-third rule is a religious choice that demonstrates commitment to Islamic principles.

Important note: English law does allow certain family members to challenge a will if they believe they were not adequately provided for (family provision claims). This is separate from Islamic law and something to consider when planning your will.

Wisely Using Your Wasiyyah

When deciding how to use your Wasiyyah, consider:

  • Balance: Will this harm your Faraid heirs financially?
  • Impact: Where will the money have the greatest benefit?
  • Legacy: What do you want to be remembered for?
  • Ongoing benefit: Consider Sadaqah Jariyah (continuous charity)
  • Fairness: Are you treating people equitably and justly?

Remember the hadith: “When a person dies, all their deeds end except three: a continuing charity (Sadaqah Jariyah), beneficial knowledge, or a righteous child who prays for them.†(Muslim)

Including Wasiyyah in Your Will

When creating your Islamic will with WillsConnect:

  1. Calculate your estimated estate value
  2. Determine one-third of that amount
  3. Decide how you want to use part or all of that allowance
  4. Clearly specify beneficiaries and amounts or percentages
  5. Ensure the remainder is distributed via Faraid

WillsConnect guides you through this process, ensuring your Wasiyyah is correctly structured and legally valid under English law.

Start your Islamic will today and create a lasting legacy while honoring your faith and family.