Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Can a person make a will for giving financial gifts to those who do not otherwise inherit his mony as per Islamic Law of inheritance. If he can do so then is there any prescribed percentage which he can gift in his will

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Will in Islam

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Sahih Al-Bukhari Hadith 4.7 Narrated by Sad

I fell sick and the Prophet (saws) paid me a visit. I said to him, "O Allah's Messenger (saws)! I invoke Allah that He may not let me expire in the land whence I migrated (i.e. Mecca)." He (saws) said, "May Allah give you health and let the people benefit by you." I said, "I want to will my property, and I have only one daughter and I want to will half of my property (to be given in charity)." He (saws) said," Half is too much." I said, "Then I will one third." He (saws) said, "One-third; yet even one-third is too much." (The narrator added, "So the people started to will one third of their property and that was permitted for them.")

Sahih Al-Bukhari Hadith 4.6 Narrated by Ibn Abbas

I recommend that people reduce the proportion of what they bequeath by will to a fourth (of the whole estate), for Allah's Messenger (saws) said, "One-third, yet even one third is too much."

Islam has permitted the believers to bequeath upto a maximum of one-third of their wealth to be distributed after their death to any person they wish in their will, provided the person is not one’s legal heir. For example one may bequeath upto a maximum of one-third of his wealth to to be given to his neighbor or friend (or who are not legal heirs according to Shariah) after one’s death; but it would not be permissible in Shariah to bequeath any amount to be given to one’s parents or wife or children after one’s death for they are considered legal heirs according to Shariah.

But in one’s own lifetime, one is permitted to gift any amount from his wealth to whomever one wishes, provided one does not do so when he is near his death-bed to intentionally deprive his legal heirs of their inheritance.

After the death of the person, the first thing that will be settled are the debts (if any) of the person, then the will of the deceased (if any) will be fulfilled, and only after the fulfillment of debt and the will (if any), the balance amount will be distributed amongst the legal heirs of the deceased according to the shares prescribed for each by Allah Subhanah.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother and sincere well wisher in Islam,

Burhan