Islamic Last Will and Testament
RESIDING AT _____________________________________________________________________________________________________________________________________________________
COUNTY ________________________________ DATE OF BIRTH TELEPHONE __ TODAY’S DATE __________________________
The Prophet Muhammad (Pbuh) ordered Muslims to have their Last Will and Testament drawn up: Abdullah bin ‘Umar narrated that the Messenger of Allah (Pbuh) said, "It is not permissible for any Muslim who has something to Will to stay for two nights without having his Will and Testament written and kept ready with him" (Sahih Al-Bukhari).
While being in full mental capacity and good health, I, , a Muslim, do hereby declare, request, and certify this, my Last Will and Testament. I also do hereby declare that this document revokes any and all former Wills and codicils that I have made previously.
All praise to Allah (SWT), The Creator of the heavens and the earth and all within. I believe in Him and I put my trust entirely in Him. I beg for His Help and His Forgiveness. I seek refuge in Allah (SWT) from the Shaitan (Satan) and the evils of the world and the evils of my deeds. I ask Him to Guide me; those whom Allah (SWT) Guides no one can mislead, and those whom Allah (SWT) leaves to stray, no one can guide. I testify that I believe that The Hour will come for certain, and that Allah will resurrect all those who are in the graves. I testify that there is no deity except Allah, He is One and has no partners, and I testify that Mohammed is Allah’s servant and last Messenger (Peace and Blessings of Allah be on him).
I request of all of my immediate relatives and closest friends, and any others involved in the procedures surrounding my death and burial, whether they be Muslims or non-Muslims, to honor my human and Constitutional right and choice to be a Muslim. I ask them to also honor the spirit as well as letter of this document and to not obstruct or change it in any way. Let them see to it that I am buried as a Muslim, and my property divided and disperse as I ordered, according to the Sunni Muslim Islamic Law (hereafter referred to Shariah). Under no circumstances does anyone have the authority to change the contents of this Will.
I request of all of my immediate relatives and closest friends, for the sake of Allah and out of fear of Him, to settle their disputes and correct their relationships among themselves according to the following orders of Allah in The Quran: "So fear Allah and amend that which is between you and obey Allah and His Messenger if you should be believers" (Surah al-A nfal 8: 1).
I request of all of my immediate relatives and closest friends what the prophets Ibrahim and Ya’cob (Peace be upon them) directed their sons: "O my sons, indeed Allah has chosen for you this religion, so do not die except while you are Muslims." (Surat-ul-Baqarah, 2:132).
I request of all of my immediate relatives and closest friends, when I am on the brink of death, that they insist that I say the Shahadah: "La ilaha ill-Allah, Muhammadun Rasulullah (There is no God but Allah and Muhammad is the Prophet of God) " This is in observance of the Prophet’s (Pbuh) saying: "Anyone whose last words were ‘La ilaha ill-Allah (There is no God but Allah) will enter Paradise". ( Ahmad, Abu Dawud, and al-Hakim - Sahih).
I insist that no one wail or slap their cheeks because of my death, as the Prophet (Pbuh) has prohibited these acts. After you have buried me, the first thing you must do is to clear me of my debts (if there are any), as the believer’s soul is held back by his liabilities.
Allah (SWT) says in the Quran in Sura (verse) An-Nisaa: 7-14
A. I am married to and all references in this Will to my husband/wife (s) are references to this person.
B. I am the father/mother of the following children whose names and dates of birth are: 1.
A. I hereby entrust all my estate: cash, bank accounts, real property, shares in any business, and any other property not mentioned in this Will, to the person named below, who shall act as my executor to serve without bond, to distribute it according to Shariah. I ordain that the executor of this Will be a Muslim.
1. My husband/wife , or, if he/she fails to survive me by 45 days, 2. , or, if fails to survive me by 45 days,
3. , or, if fails to survive me by 45 days, 4. , or, if fails to survive me by 45 days,
B. The Imam of the local Sunni Muslim community.
C. I direct that the executor take all actions legally permissible to have the probate of my estate done as simply and as expeditiently as possible.
D. I give my executor power to sell my property, real, personal or mixed, without a court order and without bond.
E. I give my executor power to settle any claim for or against my estate.
If, at my death, any of my children are minors, I recommend that my husband/wife _____________________________ be appointed guardian of my minor children, provided he/she is a Muslim. If
he/she is unable or unwilling to serve as personal guardian, I recommend that____________________________________________________________________ be appointed guardian of my minor
children. If he/she is unable or unwilling to serve as personal guardian, I recommend that ___________________________________________________________________________________ be
appointed guardian of my minor children. If he/she is unable or unwilling to serve as personal guardian, I recommend that _____________________________________________________________ be appointed guardian of my minor children. In all cases, I urge that all my minor children be raised to be practicing Sunni Muslims and not in any way be indoctrinated into any other faith, religion, or sect of Islam. I direct that no bond be required of any personal guardian. Any property or other inheritance that this Will gives to any of my minor children shall be administered by their guardian in their best interest.
I direct my executor:
A. To return to the rightful owners all trust and property that are in my care at the time of my death.
B. To first apply the assets of my estate to the payment of all my legal debts, including such expenses incurred by my last illness and burial as well as the expenses of the administration of my estate.
C. To pay any outstanding "obligation due to Allah (Huquq Allah) " which are binding on me including unpaid zakat, kaffaraat of unperformed pilgrimage (Hajj), etc.
I direct my executor to:Pay the following amount from the remainder of my estate after paying all the expenses mentioned above, to the person/s or organization/s named below. Bequests can only be given to non-inheritors, ie. distant relatives or others who do not have a fixed portion of inheritance set in the Quran. This is because the Prophet peace be upon him said: "La wasseeyata lil waarith. There is no bequest for an inheritor." It is important to make this distinction since most Muslims do not know this ruling.
The total must not exceed 33 percent (one third) of the remainder of my estate.
1. ................................................... % of the total remainder 2. ......... % of the total remainder
3. ................................................... % of the total remainder 4. .......... % of the total remainder
5. _________________________ .. ....... % of the total remainder TOTAL BEQUESTS (must not be more than 33%) ...................... % of the total remainder
Islamic communities and Masajid. ___________________________________________________________________________________________________________________________
8. Any portion of my estate disclaimed or refused to be received by any of the legatees names or referred to in this document be donated to the following person/s or organization/s for the
establishment of Islamic communities and Masajid.
I direct that no part of this Will be invalidated by a court unless competent in Shariah. If any part of this will is determined invalid by a court the other parts shall remain valid and enforceable.
I insist that no one practice innovations regarding the three-day condolence period after my death, such as bringing in someone to recite excerpts from the Quran or to preparing food for guests. If you do any such innovations, I am free from that guilt and deviation, having herein charged you against it.
I declare that I forgive everyone who has backbitten me or erroneously taken anything from me. I beg of all those who knew me that they please forgive me for whatever I may have erroneously taken from them or said against them.
I request that if you differ in anything among yourselves you refer the decision to Allah and His Messenger (Pbuh), for Allah (SWT) said: "And know, by your Lord, they will not believe until they make you, [O Mohammed], judge in what they dispute among themselves and then find no discomfort from what you have judged and submit in full, [willing] submission" (Surah an-Nisa 4: 65).
My final bequest for my family and children is the same one that the Messenger of Allah (Pbuh) enjoined upon his followers: "The prayer, the prayer". I advise and implore my family to have patience and accept Allah’s will. (Surah al-Baqarah: 156)
This concludes my Last Will and Testament. I am now free, in front of Allah (SWT), from any words or deeds that distort and contradict this document according to the guidance of Allah’s Messenger (Pbuh), as forewarned by the Quranic verse: "Then, whoever alters it [i.e. the bequest] after he has heard it - the sin is only upon those who have altered it." (Surah al-Baqarah 2:181).
I subscribe my name to this Will this day _______________________________ at ___________________________________________ and do hereby declare that I sign and execute this instrument as my last Will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am of age or otherwise legally empowered to make a Will, under no constraint or undue influence.
|WITNESSES||THIS INFORMATION IS REQUIRED FOR THE DEATH CERTIFICATE:|
|On this day, date of____________________________________________ , the undersigned declared to us that this instrument was his/her Will and requested us to act as witnesses to it.||Full Name ___________________________________________________|
|He/She thereupon signed this Will in our presence, all of us being present at the same time. We now, at his/her request, in his/her presence, and in the presence of each other, subscribe our names as witness and declare that||Date Of Birth __________________________ Place Of Birth|
|we understand this to be his/her Last Will, and that, to the best of our knowledge the testator is of the age of majority, or is otherwise legally empowered to make a Will, and under no constraint or undue influence.||Social Security Number _______________________________________ Race|
|Street Address And Zip ________________________________________|
|City/Town Of Residence ________________ County Of Residence|
|Witness 1.||Full Name Of Father|
|Name and Signature||First And Maiden Name Of Mother|
|Witness 2. Name and Signature||Highest Level Of Education In Years Elementary/Secondary (0-12) _______________ College (1-4 Or 5+)|
|HEALTH CARE PROXY AND LIVING WILL||Marital Status (Circle): Never Married Married Widowed Divorced|
|If Married Or Widowed, Name Of Spouse|
|If the time comes when I am incapacitated and can no longer actively take part in decisions for my own life and am unable to direct my physician as to my own medical care, I wish this statement to stand as a testament of my wishes.||Usual Or Last Occupation ___________ Kind Of Business Or Industry|
|I,_ hereby appoint the||Name Of Attending Physician|
|____________________________________________________________________________________________________________________________following individual as my health care agent.||Next of Kin and Contact info:|
|Name: Phone#||THE NET VALUE OF YOUR ESTATE|
|I, ASSETS (Add up what you own and where located)|
|Address:||A, Personal Property:|
|This health care proxy shall take effect if and when I become unable to make my own health care decisions. In respect of each decision made for me by my agent, it is my wish and direction that my agent be guided solely by Islamic Shariah as to what my own decision||Cash_______________________________________Located:|
|would have been in the same circumstances. Without limiting the unrestricted scope of my agent’s authority hereunder, I expressly authorize my agent to direct that no treatment be conducted or withheld from me if to do so is against the teachings of Islam, to the best||2.Savings: _____________________________________ Bank _________________________________|
|of understanding of my agent. I direct that medication be judiciously administered to me to alleviate pain. I do not intend any direct taking of my life. I also direct that "life support systems" may be used in a judicious manner and its use discontinued, just like any other||Savings: __________________________________________________ Bank _________________________________|
|medicine, if it becomes reasonably apparent that it has no curative value. The "life support systems" include but are not limited to artificial respiration, cardiopulmonary resuscitation, artificial means of providing nutrition and hydration, and any pharmaceutical drugs. I||3.Checking: _______________________________ Bank _______________________________________|
|direct that my family, all physicians, hospitals and other health care providers and any court or judge honor the decision of my agent/alternate agent. This request is made, after careful reflection, while I am of sound mind.||4.O t he r : ____________________________________________________________|
|5.Interest in Profit Sharing, Stock, Partnership, etc.|
|Name: ___________________________________________ Signature:||6.Automobiles, Jewelry, Household & Clothing ____________________________________________|
|Witness 1. Name and Signature||B, Real Estate (describe for each property you own)|
|Value _________________________________________________________ Located|
|Witness 2. Name and Signature||Value _________________________________________________________ LocatedTotal Value of all the above assets:|
|***OPTIONAL***||II, LABILITIES (add what you owe)|
|1. _____________________________________________ Money Owed to $|
|Subscribed and sworn to before me this________________________ day of _____________ ,||Address and Phone:|
|2. _____________________________________________ Money Owed to ________________ $|
|Notary Public __________________________________________________________________________________________ Signature & Seal||Address and Phone:|
|3. _________________________________________________________________________ M o r t gage|
|In Case of Emergency Contact: (Include Mosques and all phone numbers)||5. Personal debts: (loans, car, etc.)|
|We hope this will benefit you and your family. For a will to be legal in most states, you have to be at least 18 years old and of sound mind. The will must be signed by you and witnessed by two people who won't receive anything from your estate. However, please consult with an Islamic Scholar and/ or an attorney first. As always, please feel free to pass or share this information on to your friends and other Muslims. Pray for the people at The Islamic Bulletin who prepared this sample Will for you. Jazakum Allahu Khairan (May Allah Reward You). If more copies are needed please go to: www.islamicbulletin.org and click on enter here and then Islamic Last Will. For a list of mosques click mosques under enter here. You can print the whole mosques in a PDF format.Rev. 2009 For More Information Please Contact: The Islamic Bulletin P.O. Box 410186 Web: www.islamicbulletin.org San Francisco, CA 94141-0186 E-Mail: email@example.com||Total Amount owed: _________________________________________________________________ Safe Deposit Box__________________________ located at______________________________ Passport # &Type Important Passwords #: This document, comprising ________pages, is made in _______ copies. The original is with me, one copy is deposited with _______________________________ Name and Phone # ___________________________and one copy with Name and Phone #|
Signature, Date and Time