The Will Is Limited to a Third of the Property

7-10-2003 | IslamWeb

Question:

As a divorced person with no children, I wish to bequeath all my assets to Islam. My Muslim lawyer advises that Qur'an ascribes share to my brothers and sisters. My brothers and sisters did not contribute anything and they are well off. What is my Islamic option?
Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

The will is a donation that is fulfilled after the death of the donor. The Sharee’ah limits the amount the person can bequeath to one third or less of his belongings. So, it is unlawful for you to bequeath all your assets. But you can donate whatever you wish from your property as a gift which is fulfilled during your lifetime. There are three conditions to such a gift: 1) It should be made while the donor is healthy. 2) The donor should lift his hand from it. 3) The one to whom it is donated should be free to dispose of it as he wishes.

We remind you that doing good to relatives is highly desirable by the Sharee’ah. This is because anything that you give them is not only a Sadaqah (charity) but also a way of strengthening kinship relations with them.

Allah knows best.

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