Making a Will

[Aprender]

A few of my lawyer friends have informed me that since I've accepted Islam now it's a very good idea for me to go ahead and get a will made.

Has anyone done this before and what are the steps you've taken to put it all in place? I come from a non-Muslim family so I'm concerned that what is in it might not be actually carried out.

 

[Alpha Dude]

A few of my lawyer friends have informed me that since I've accepted Islam now it's a very good idea for me to go ahead and get a will made.

I don't see the connection with accepting Islam and the sudden need to have a will made. What was their reasoning? Just curious.

 

[Aprender]

Funeral arrangements. I'm in my early 20s and I come from a non-Muslim family. I'm also not married so I don't currently have a Muslim wali/Mahram in place at right now. The concern was coming from not having a proper Islamic burial.

 

[Hulk]

I don't have a will

 

[Insaanah]

I don't see the connection with accepting Islam and the sudden need to have a will made.

حَدَّثَنَا مُسَدَّدُ بْنُ مُسَرْهَدٍ، حَدَّثَنَا يَحْيَى بْنُ سَعِيدٍ، عَنْ عُبَيْدِ اللَّهِ، حَدَّثَنِي نَافِعٌ، عَنْ عَبْدِ اللَّهِ، - يَعْنِي ابْنَ عُمَرَ - عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم قَالَ ‏ "‏ مَا حَقُّ امْرِئٍ مُسْلِمٍ لَهُ شَىْءٌ يُوصِي فِيهِ يَبِيتُ لَيْلَتَيْنِ إِلاَّ وَوَصِيَّتُهُ مَكْتُوبَةٌ عِنْدَهُ ‏"‏ ‏.‏

Narrated 'Abdullah bin 'Umar:
The Apostle of Allah :saws: as saying: It is the duty of a Muslim who has something which is to be given as bequest not to have it for two nights without having his will written regarding it.

Reference: Sunan Abi Dawud 2862, In-book reference : Book 18, Hadith 1, English translation : Book 17, Hadith 2856
http://www.sunnah.com/abudawud/18#1

حَدَّثَنَا أَبُو خَيْثَمَةَ، زُهَيْرُ بْنُ حَرْبٍ وَمُحَمَّدُ بْنُ الْمُثَنَّى الْعَنَزِيُّ - وَاللَّفْظُ لاِبْنِ الْمُثَنَّى - قَالاَ حَدَّثَنَا يَحْيَى، - وَهُوَ ابْنُ سَعِيدٍ الْقَطَّانُ - عَنْ عُبَيْدِ اللَّهِ، أَخْبَرَنِي نَافِعٌ، عَنِ ابْنِ، عُمَرَ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ‏ "‏ مَا حَقُّ امْرِئٍ مُسْلِمٍ لَهُ شَىْءٌ يُرِيدُ أَنْ يُوصِيَ فِيهِ يَبِيتُ لَيْلَتَيْنِ إِلاَّ وَوَصِيَّتُهُ مَكْتُوبَةٌ عِنْدَهُ ‏"‏ ‏.

Ibn Umar (Allah be pleased with them) reported Allah's Messenger :saws: as saying:
It is the duty of a Muslim who has something which is to be given as a bequest not to have it for two nights without having his will written down regarding it.

Sahih Muslim, Arabic reference : Book 26, Hadith 4291
http://www.sunnah.com/urn/239870

حَدَّثَنِي مَالِكٌ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ‏ "‏ مَا حَقُّ امْرِئٍ مُسْلِمٍ لَهُ شَىْءٌ يُوصَى فِيهِ يَبِيتُ لَيْلَتَيْنِ إِلاَّ وَوَصِيَّتُهُ عِنْدَهُ مَكْتُوبَةٌ ‏"‏ ‏.‏


Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Muwatta Imam Malik, Arabic reference : Book 37, Hadith 1458
http://www.sunnah.com/urn/415130

 

[جوري]

I think we should all write wills, and delegate a power of attorney- so many young people end up in the hospital no one knowing their wishes or what they'd like to have done.. Do you know that if you die suddenly for no apparent reason you become state property and must undergo an autopsy? I don't know that a will could change that fact of the matter anyway but it is nice to let others know what you want done what you don't want done.. especially in terms of ventilation, resuscitation, organ donation and burial..
I admit I didn't know about the above hadiths and whenever I mention my will to someone they get all pissed off. But honestly one has to be realistic as that's the end of the line for all of us.
on the lowest common denominator I wear a shahada necklace just in case I die somewhere where no one knows me, they'd make proper arrangement in terms of Janazah prayer and burial at least..

 

[Aprender]

Yes. The lawyer mentioned to me that Islamically you should have a will done. I wasn't aware of that either.

My concern is that even if I have a will that a proper Islamic burial still might not take place especially since my parents don't understand or really care for my new religion right now.

What's the ruling on Hajj? If I don't get to complete it in my lifetime does someone from my family have to do it on my behalf (which is unlikely since none of them are Muslim) or could any other Muslim do it on my behalf?

 

[جوري]

I really don't know but wouldn't take the ruling from this or any forum but from an Islamic council or scholar!
From here you'll be torn between three extremes depending on who's giving the fatwa. Truth is none of us are scholars and everyone looks for the fatwa that better fits their beliefs than look at the individual condition!
Even the prophet pbuh gave two different fatwas to the same question to two different people bases solely on their age and psychology!
Not everything is a one size fits all I do recommend you speak with someone about it.

 

[Aprender]

Once the will gets made I would like to go and speak with Islamic council in person to get it all finalized but that's going to take some time. Unfortunately, I don't have the luxury of going to speak with scholars and imams whenever I need to due to my living situation. =/ I was just coming here to ask about some of the basics of a will Islamically but it seems no one here really has one or can direct me to some good sources about it. But that's OK. I'll have to make some phone calls I guess and try to get some basic information over the phone and move on from there.

Mods, close this thread.

 

[جوري]

Let me know how it works out for you because I'd like to have one made as well in shaa Allah..

 

[Insaanah]

My concern is that even if I have a will that a proper Islamic burial still might not take place especially since my parents don't understand or really care for my new religion right now.

When you make a will, you appoint an executor of your estate. You could appoint an imam whom you trust to be your executor. Even some people with Muslim wives and children appoint imams as their executors. He would make sure you're buried properly.

Has anyone done this before and what are the steps you've taken to put it all in place?

I just have a template from a local mosque, that I've just filled in the relevant places. But I've heard that it might not necessarily be legally recognised here without being attested by a solicitor, so I need to do more research.

What's the ruling on Hajj? If I don't get to complete it in my lifetime does someone from my family have to do it on my behalf (which is unlikely since none of them are Muslim) or could any other Muslim do it on my behalf?

Hajj only becomes obligatory on you, if you can physically do it, are financially able, and have a mahram to accompany you. If you don't have any one of these, it's not obligatory on you.