How to write an Islamic will (wasiyya), step by step

Why a Muslim writes a wasiyya (will)

Islam already fixes how most of an estate is shared among heirs, so a wasiyya (will) is not mainly about dividing property. It records the things only you know: debts you owe and are owed, trusts (amanat) you hold for others, what you still owe to Allah, who will carry out your wishes, and who should care for your young children. Without it, a grieving family is left to guess.

Allah says: “It is prescribed for you, when death approaches one of you and he leaves wealth, to make a bequest for parents and near relatives in a just manner” (Al-Baqarah 2:180). Most Sunni scholars hold that the inheritance verses of Surat al-Nisa, with the hadith “There is no bequest for an heir”, mean this bequest is no longer for heirs; Shia scholars hold the verse still applies, so a Shia may leave part of the third to an heir. Either way, the will is where you settle debts and give up to one-third.

Step 1: Choose your school

Write your will by your own school. Sunni Muslims follow one of the four madhhabs (Hanafi, Maliki, Shafi'i, Hanbali); Shia Muslims follow the rulings of their marjaʿ. The school affects who inherits, how the one-third works and how missed acts of worship are settled — so name it at the top of the will.

Step 2: List your debts and trusts

Debts come before any bequest or inheritance. List what you owe (loans, a deferred mahr owed to your wife, money borrowed from family) and what others owe you. List anything you are holding for someone else — an amana is not part of your estate and must be returned.

Step 3: Record what you owe to Allah

Write down any unpaid zakat, an obligatory Hajj you have not performed, missed prayers and fasts, and kaffara. Shia members also record khums owed. How each is settled differs by school — some are paid from the whole estate, some only if you ask for it in your will — so be specific and ask your scholar. Our guide What you owe Allah in a will explains the main differences.

Step 4: Name an executor (wasi) and a guardian

Your executor (wasi) pays your debts, carries out your bequests and makes sure the estate is shared correctly. Choose someone trustworthy who understands Islamic inheritance — and name a second choice. If you have children under 18, name a guardian. A surviving parent normally keeps custody; if the other parent has also died or cannot care for them, a US court usually appoints the guardian you name, unless that would not be in the children's best interests.

Step 5: Decide on your one-third

You may leave up to one-third of what remains after debts to people and causes you choose — a masjid, a water well, an orphan's education, or relatives who would not otherwise inherit. More than one-third needs the heirs' agreement. Sunni and Shia rules differ on leaving part of the third to an heir; see The one-third bequest.

Step 6: Write your heirs' shares and funeral wishes

List your heirs and their shares under your school so your executor has a clear guide. Our inheritance guide and calculator help. Add your funeral wishes: a Muslim burial without cremation, ghusl and janaza, a prompt burial, and where you would like to be buried.

Step 7: Sign it the way your state expects

A will is enforced by US courts only if it meets your state's rules. Most states require you to sign in front of two adult witnesses, ideally people who inherit nothing under the will. Many states also let you add a notarized “self-proving” statement so witnesses are not needed later in court. See your state on our Islamic will by state pages, and have an attorney check it if your estate is large or complicated.

Step 8: Keep it where your family will find it

A will no one can find does not help. Tell your executor where it is, keep the signed original safe, and keep a copy your family can reach. On Islamic Souls your wasiyya (will) stays private while you live and opens only for the people you choose after your passing.