What is a Sharia Will (Wasiyyah)?
A Sharia Will, known in Arabic as a Wasiyyah, is a legal document meticulously prepared to guide the distribution of a Muslim’s estate in accordance with Islamic inheritance laws as prescribed by the Qur’an and Sunnah.
Its core purpose is to:
- Fulfil Religious Obligations: Adhere to the divine instructions regarding inheritance.
- Provide Clarity: Avoid disputes among heirs by clearly outlining the distribution.
- Appoint Executors: Designate a trusted individual (Al-Wasi) to administer the estate.
- Make Specific Bequests: Allow for discretionary gifts (Wasiyyah) up to one-third of the estate to non-heirs, charities, or specific causes.
The Principles of Islamic Inheritance & Your Sharia Will
Understanding the principles of Islamic inheritance is crucial when drafting a Sharia Will. These principles dictate who can benefit from your estate and in what proportions.
Duties of a Muslim Upon Death
Before passing, a Muslim is encouraged to put plans in place to ensure clarification of the following upon death:
- Their funeral is paid for.
- All debts are honoured.
- Their Will is executed.
- Distribution of the remaining estate amongst heirs takes place in compliance with Sharia law.
Our lawyers will ensure all these factors are addressed within your Sharia Will.
Fixed Heirs & The Discretionary Portion (The 1/3 Rule)
In a Sharia Will, beneficiaries are broadly categorised into legal heirs and non-legal heirs, as prescribed in the Qur’an. A Muslim making a Sharia Will has specific guidelines regarding asset distribution:
- Two-Thirds (2/3) Mandatory Distribution: The majority of the estate (two-thirds) must be distributed to legal beneficiaries (fixed heirs) pre-ordained by the Qur’an. The proportion each legal beneficiary receives depends on their specific relationship to the testator (the person making the Will). These shares are fixed and cannot be altered by the testator.
- One-Third (1/3) Discretionary Bequest (Wasiyyah): A Muslim is free to bequeath up to one-third (1/3) of their total estate to someone not legally inheriting from them, or to a charitable cause. This portion allows for personal discretion beyond the fixed shares. It is not necessary to utilise this 1/3 portion, and if it has not been gifted initially, the testator is free to change their mind at a later date.
Example of Sharia Distribution:
Consider a Muslim woman, Aafa, married to Zamil, with two children (a girl called Fatima and a boy, Yusuf). Her parents are alive, and she has siblings.
If Aafa wishes her entire estate to pass to her legal heirs, the distribution under Sharia law would be as follows:
- Zamil (husband) receives 1/4 of the estate.
- Parents each receive 1/6 of the estate.
- The remainder goes to the children, with the son (Yusuf) receiving double the share of the daughter (Fatima).
- Siblings do not inherit in this scenario as primary heirs are present.
Aafa also has the option of bequeathing one-third of her estate to someone not already inheriting from her (e.g., a friend, or a non-profit organisation), but this is not mandatory.
Appointment of an Executor (Al-Wasi)
When making a Sharia Will, the testator will appoint an executor (al-wasi) to administer the estate and carry out their wishes. This individual is responsible for settling debts, ensuring funeral expenses are covered, and distributing the remaining estate according to the Will and Sharia principles.
What is Needed for a Will to be Valid Under Sharia Law?
For a Sharia Will to be recognised as legally valid and enforceable in the UAE, it should meet certain criteria:
- Written Form: The Will should be in written form.
- Unambiguous: The instructions within the Will must be clear and unambiguous.
- Bequests and Legacies: It can include specific bequests and legacies, as well as general instructions and assigning of rights.
- Witnesses: Two witnesses should ideally be present when the Will is signed.
- Testator’s Capacity: The testator must be of sound mind and acting without coercion.
Why a Professionally Drafted Sharia Will is Essential
While the principles of Sharia inheritance are divine, their application within a specific legal jurisdiction like the UAE can be complex. A professionally drafted Sharia Will is essential to:
- Ensure Compliance: Guarantee that your Will fully complies with the intricate rules of Islamic jurisprudence and the specific laws of the UAE (e.g., Federal Law No. 28 of 2005 on Personal Status), avoiding potential misinterpretations or invalidity.
- Legal Enforceability: Ensure your Will is legally enforceable in the UAE courts, simplifying the probate process for your beneficiaries.
- Clarity for Beneficiaries: Prevent disputes and provide clear guidance to your family and executor on how your estate should be managed and distributed.
- Cover Unique Assets: Address specific assets, including property, bank accounts, and business shares, ensuring they are properly covered within the Sharia framework.
- Protect Guardianship: Appoint guardians for your minor children according to Islamic principles and legal requirements.
- Integrate International Assets (if applicable): While Sharia Wills primarily govern assets within Muslim countries, a comprehensive approach might involve considering assets in other jurisdictions, requiring expert guidance.
Our Comprehensive Sharia Will Drafting & Registration Services
At TWS Legal Consultants, we combine deep knowledge of Islamic inheritance law with extensive experience in UAE legal practices to provide a seamless and secure Sharia Will drafting and registration service.
Our Step-by-Step Process:
- Complimentary Consultation: We begin with a confidential consultation to understand your family structure, assets, and specific wishes, advising on how to best align your Will with Sharia principles and UAE law.
- Expert Drafting: Our experienced Sharia Wills Lawyers/Draftsmen will meticulously draft your Wasiyyah, ensuring all bequests, legacies, and distributions adhere strictly to the Qur’an while also ensuring validity under the laws of your country of residence if applicable.
- Comprehensive Review: You will review the draft Will with our lawyers, providing an opportunity for any adjustments. We ensure every clause is clear, unambiguous, and fully represents your desires and Islamic obligations.
- Proper Witnessing & Formalization: We guide you through the correct witnessing procedures, ensuring your Will is signed and formalized as required by Sharia and UAE legal standards.
- Ongoing Support: We also provide ongoing support for any future amendments or updates as your life circumstances evolve, ensuring your Will remains current and compliant.
Who Benefits from a Sharia Will in the UAE?
A Sharia Will is specifically designed for:
- Muslim Individuals: Those who wish for their estate to be distributed strictly according to Islamic inheritance laws.
- Individuals with Specific Bequests: Muslims who want to allocate up to one-third of their estate to individuals not classified as fixed heirs, or to charitable causes, fulfilling the discretionary aspect of Wasiyyah.
- Parents with Minor Children: Muslim parents who seek to appoint guardians for their children according to Islamic principles and legal frameworks, providing clarity and peace of mind.
- Muslim Expats & Residents: Ensuring their assets in the UAE are handled in a manner consistent with their faith, even if local default laws might otherwise apply.
Understanding the Cost of Your Sharia Will in the UAE
The cost of making a Will in the UAE, specifically a Sharia Will, involves professional drafting fees. At TWS Legal Consultants, we believe in complete transparency and provide clear, competitive pricing.
Factors influencing your Sharia Will cost include:
- Complexity of Assets: The number, diversity, and location of your assets (e.g., multiple properties, businesses, investments) can influence the drafting complexity.
- Specific Bequests: Any detailed bequests for the discretionary one-third portion will require careful drafting.
- Guardianship Provisions: Detailed guardianship instructions add to the drafting requirements.
Our fees cover our expert professional drafting services, ensuring your Sharia Will is accurate, compliant, and legally sound.
Why Choose TWS Legal Consultants for Your Sharia Will?
When it comes to securing your legacy through a Sharia Will, expertise and trust are paramount. TWS Legal Consultants stands out as a preferred partner for Muslim residents and expatriates in the UAE:
Deep Islamic Jurisprudence:
Our lawyers possess a profound understanding of Islamic inheritance laws and their practical application within the UAE legal system.
Over 15 Years of Experience:
We have extensive experience (over fifteen years) in providing innovative solutions to complex Wills and UAE estate management requirements, assisting thousands of clients.
Accredited Professionals:
Our lawyers are registered with the UK Solicitors Regulation Authority (SRA) / Dubai Legal Affairs Department and are active members of STEP, ensuring the highest standards of professional conduct and expertise.
Client-Centric Approach:
We prioritise your needs, providing clear, compassionate guidance throughout the entire process, making a complex legal matter simple and stress-free for you.
Comprehensive Service:
From initial consultation and drafting to proper witnessing and secure storage, we offer end-to-end support for your will writing in the UAE.
Recognised Excellence:
- Licensed by the Government of Dubai Legal Affairs Department
- Licensed and Approved by Dubai Ruler’s Court
- DIFC Registered Wills Draftsmen
- Leading Individual Award – WealthBriefing MENA Awards 2025
- Ranked by Chambers in High Net Worth Guide for Private Wealth Law & Family/Matrimonial
- Listed by Legal 500 as a Law Firm in the UAE
- Top Recommended Wills & Probate Lawyers by Spear’s 500
- Recommended Firm by Global Law Experts
- Listed by the British Embassy Dubai
- Registered with the Solicitors Regulation Authority (England & Wales)
- Members of the STEP – Society of Trusts & Estate Practitioners
Fulfil Your Islamic Obligations. Contact TWS Legal Consultants Today.
Ensure your estate is handled in accordance with your faith and values. Our dedicated team of Sharia Wills Lawyers is ready to provide you with expert guidance, ensuring your Islamic Will (Wasiyyah) is meticulously drafted and legally sound.
Get in touch today to book your complimentary Wills consultation with one of our Wills & Estate Inheritance Lawyers.
