THE ISLAMIC LAST WILL AND TESTAMENT

In The Name of God, the Beneficent, the Merciful

Quran, the Divine book of Islam, says: "Will is prescribed for you when death approaches one of you..."(2:180).

Declaration of Faith

O, Lord, the Creator of Heaven and Earth, Who knows the unseen and the visible, the Beneficent, the Merciful.

O, Lord, I commit myself in this world and bear witness that there is no God but You alone, without associate.

That Muhammad (Peace be upon him and his family) is Your servant and Your messenger.

That paradise is a verity, and hell is a verity; the resurrection is a verity, and questioning is a verity; the Divine decree is a verity, and justice is a verity; the Qur'an is the same as You have revealed, and that indeed You are the Self-Evident Truth.

May the Almighty reward Muhammad (Peace be upon him and his family) the best reward, and may He keep in peace Muhammad and his family.

O, Lord, the Helper at a trouble time, the Sympathizer of a time of difficulty, the Supporter at the time of comfort, my Lord and the Lord of my ancestors, do not leave me to myself, even for a moment. Indeed, if You leave me to myself, I would be near to evil and far from virtue. Put at ease my loneliness in the grave, keep for me a promise when I meet You while I am resurrected at the Day of Judgment.

The Qur'an says: "Every soul shall taste death" (3: 185).

Prophet Muhammad (peace be upon him) says: "Whoever dies without a will, he would die as a non-muslim".    

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The following is a sample of a legal will, for a family of husband, wife, son, and two daughters. It should illustrates the mechanism of a legal documentation. In order to write a proper will, you should consult the resident Muslim scholar in the area, and a lawyer.

THE ISLAMIC LAST WILL AND TESTAMENT

(Sample Only) 

THIS IS THE LAST WILL of me

(full name).................................

(Address).................................

1. I REVOKE  all earlier wills made by me.

2. I APPOINT  Mr.____________________ of Auckland, (occupation................) and Mr. ________________ of Auckland (occupation.................) "my trustees: to be the executors and trustees of this my will.

3. I DIRECT that my body shall be washed and buried without embalmment according to Islamic law as soon as possible after my death. My funeral shall be performed according to Islamic order and regulation and I direct that my body be buried in an Islamic graveyard arranged for Muslims only.

4. I GIVE all my property to my trustees UPON TRUST:

(a) To pay my just debts funeral and testamentary expenses.

(b) To hold the residue of my estate in two parts:

The first paid shall contain one-third of the residue of my estate and the Second part shall contain two-thirds of the residue of my estate.

(c) My trustees shall utilize the first part in payment of costs associated with the Fatiha (Memorial Meeting).

(d) My trustees shall divide the second part into (96) equal shares to be paid to the following:

 My wife Mrs.______________________ receives 12 shares.

 My father Mr.______________________ receives 0 shares (deceased).

 My mother Mrs.____________________ receives 16 shares.

 My son Mr.________________________ receives 34 shares.

 My daughter Ms. ____________________receives 17 shares.

 My daughter Ms.____________________ receives 17 shares.

 (e) If any child of mine predeceases me leaving a child or children living at my death, then that child or those children will take equally the share which his, her or their parent would otherwise have taken under this my will.

 AS WITNESS my hand this __________________ day of    ________ 2004.

 SIGNED by (full name)__________________________. In our presence and attested .

(signature):_______________. By us in his presence.

 

1- Witness sign :___________________

 Occupation:______________________

Address:_________________________

 

2.Witness sign: ____________________

Occupation: ______________________

Address: ________________________

Dated this           day of              0000.

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