How Should a Convert With No Muslim Family Write a Will?

Answered by Shaykh Faraz Rabbani

Question

I am an unmarried convert with no Muslim family — two sisters, a brother, and two parents, all living.

Is this acceptable: funeral costs and debts first, then one third of what remains in equal shares to those of my family still living, and if none are living, to charity; and the remaining two thirds to charity?

And what about my physical property — things of value like electronics, and things of little value like clothes and furniture?

Must I estimate the value of all of it and include it in the one-third bequest to my family, or are possessions not part of my wealth, so I can leave them to my family’s discretion?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

May Allah reward you for thinking this through carefully and in good time. Most people do not, and their families pay for it.

Your plan is close to right, and the correction I have is in your favor rather than against you. Let me set out the pieces in order.

First: Your Family is Not Your Heirs

This is the premise on which everything else rests, and you may not know it.

A Muslim and a non-Muslim do not inherit from one another. This is agreed upon across the four schools. So the fixed shares of the inheritance law (the portions a father, a brother, a sister would ordinarily take) do not attach to your estate at all.

Your family does not stand to inherit from you by operation of the Law.

That sounds like a door closing. It is actually a door opening, as you will see.

Second: A Bequest to Them Is Perfectly Valid

Not inheriting is not the same as not receiving. A bequest is a different instrument from inheritance, and a non-Muslim relative may receive a bequest without difficulty.

In fact, the restriction that trips most people up runs the other way.

The rule is that there is no bequest to an heir: you cannot use a will to enlarge the share of someone who already inherits. Since your family is not an heir, that rule does not apply to them. How much you may leave them is the next question.

Third: The One-Third Limit, and Why It May Not Bind You

This is where I would have you revisit your plan.

The one-third cap exists for a reason: it protects the heirs. A person may not give away so much by will that the shares Allah fixed are hollowed out. That is the whole logic of the limit.

Now ask what it is protecting in your case. You have no Muslim heirs. There are no fixed shares to preserve. The thing the cap was built to guard does not exist in your estate.

This is why I would not have you simply assume the one-third and stop there.

Where a person leaves no heirs at all, there is a real discussion in our books about whether the cap binds, and a well-supported position that the whole estate may be disposed of by bequest.

Given that your entire plan turns on this, settle it with a specialist who can look at your actual circumstances, your jurisdiction, and whether any Muslim relative might exist or come to exist.

What I can say now is this: your instinct to give two-thirds to charity is sound and rewarded, and you may well have more latitude than you thought.

Fourth: Yes, Your Possessions Count

Your second question has a clear answer: the opposite of what you assumed.

Everything you own of value is part of your estate. Electronics, furniture, clothing, a car, a bank balance, a debt owed to you: all of it. There is no category of “possessions” that sits outside the estate and can be left to a family’s discretion.

That does not mean you must itemize and value every shirt. What it means practically is:

Name the significant items specifically in the will: the things of real value, and the things that would cause an argument.

For the rest, ask your lawyer for a residuary clause: whatever remains after debts, funeral expenses, and the named bequests goes to such-and-such. That disposes of the estate without inventorying a wardrobe.

Fifth: Order of Payment

Your order is correct and worth confirming, since you got it right unaided. From the estate: funeral and burial expenses first, then debts in full, then bequests, then whatever remains passes by inheritance, which in your case is the question above.

What I Would Have You Do

Three things.

Write to us again with your country of residence and confirmation that you have no Muslim relatives at all, and ask about the one-third limit where there are no heirs. That is the live question and it deserves a ruling on your own facts rather than a general answer.

Have the will drafted properly under your local law. A fiqh-correct will that is not enforceable where you live will do nothing for anyone. Many communities have lawyers who do exactly this work.

And put a Muslim executor in it if you can: someone who will see that your funeral is done as it should be, and that what you intended actually happens. This matters more than people realize for a convert with no Muslim family, and it is the single provision I would most want you to include.

“Leave what makes you doubt for what does not make you doubt.” [Sunan al-Tirmidhi; sound] You have done the doubting part well. Now let us settle it properly.

May Allah reward you, accept your charity, and make your affairs easy at their end.

And Allah knows best.

[Shaykh] Faraz Rabbani

Related SeekersGuidance Answers

• I Have a Non-Muslim Family. How Should I Go About Writing My Will? – Explains how a Muslim convert can structure a will when their family members are non-Muslim and therefore do not inherit by default.
• Converts and Inheritance – Explains the ruling that Muslims and non-Muslims do not inherit from one another and discusses the implications for converts.
• Inheriting and Property Bequests from Non-Muslims – Examines inheritance and bequests between Muslims and non-Muslims and the distinction between inheritance and wasiyya.
• Is Writing a Will Obligatory in Non-Muslim Countries? – Explains when writing an Islamic will becomes obligatory and why it is particularly important for Muslims living under non-Muslim legal systems.
• Is There Any Difference Regarding Bequests Between the Shafii and Hanafi Schools? – Compares the Hanafi and Shafiʿi positions on wasiyya, including the one-third limitation and related rules.

Shaykh Faraz Rabbani is a recognized specialist scholar in the Islamic sciences, having studied under leading scholars from around the world. He is the Founder and Executive Director of SeekersGuidance.

Shaykh Faraz stands as a distinguished figure in Islamic scholarship. His journey in seeking knowledge is marked by dedication and depth. He spent ten years studying under some of the most revered scholars of our times. His initial studies took place in Damascus. He then continued in Amman, Jordan.

In Damascus, he was privileged to learn from the late Shaykh Adib al-Kallas. Shaykh Adib al-Kallas was renowned as the foremost theologian of his time. Shaykh Faraz also studied under Shaykh Hassan al-Hindi in Damascus. Shaykh Hassan is recognized as one of the leading Hanafi jurists of our era.

Upon completing his studies, Shaykh Faraz returned to Canada in 2007. His return marked a new chapter in his service to the community. He founded SeekersGuidance. The organization reflects his commitment to spreading Islamic knowledge. It aims to be reliable, relevant, inspiring, and accessible. This mission addresses both online and on-the-ground needs.

Shaykh Faraz is also an accomplished author. His notable work includes “Absolute Essentials of Islam: Faith, Prayer, and the Path of Salvation According to the Hanafi School.” This book, published by White Thread Press in 2004, is a significant contribution to Islamic literature.

His influence extends beyond his immediate community. Since 2011, Shaykh Faraz has been recognized as one of the 500 most influential Muslims. This recognition comes from the Royal Islamic Strategic Studies Center. It underscores his impact on the global Islamic discourse.

Shaykh Faraz Rabbani’s life and work embody a profound commitment to Islamic scholarship. His teachings continue to enlighten and guide seekers of knowledge worldwide.

 

النصوص

[الترمذي، صحيح]

«دَعْ مَا يَرِيبُكَ إِلَى مَا لَا يَرِيبُكَ؛ فَإِنَّ الصِّدْقَ طُمَأْنِينَةٌ، وَالْكَذِبَ رِيبَةٌ».