Wasiyah

Wasiyah, from the Arabic word for “will” or “bequest,” refers to a testamentary disposition of a person’s property to take effect after death. In Islamic law and practice, wasiyah is a unilateral declaration by the testator specifying how part of the estate should be distributed beyond or alongside the obligatory inheritance shares.

The concept is distinct from the fixed shares of heirs prescribed by Qur’anic inheritance rules. A wasiyah is typically used to leave bequests to non-heirs, charitable causes, or individuals outside the obligatory shares. Most Muslim jurists also allow a bequest to be made for heirs only with their consent, and generally restrict bequests to up to one-third of the estate; the remainder must pass to heirs according to prescribed shares.

Key rules and execution: A valid wasiyah should be made by a person of sound mind and without coercion, and it may be revoked or amended while the testator is alive. In many legal systems and Islamic schools, the will must be formalized to be recognized, often requiring witnesses or proper documentation. When a person dies, the estate is first used to pay debts and funeral expenses; then the wasiyah is executed to the extent allowed, and any excess beyond the permitted portion is typically reduced to comply with obligatory shares.

Variations exist between Sunni and Shia jurisprudence, and national laws further shape form and enforceability. Overall, wasiyah provides a mechanism for discretionary posthumous dispositions within the framework of Islamic inheritance principles.