Why Every Muslim in Ontario Must Have an Islamic Will

Preparing for the inevitable is not only an act of foresight. In Islam, it is a religious duty. One of the most essential components of Islamic estate planning is the Islamic Will, a legal and spiritual document that ensures your wealth is distributed in accordance with Shariah (Islamic law) after death. In many jurisdictions, such as in countries like Canada, where Islamic inheritance laws are not automatically recognized, drafting an Islamic Will becomes all the more crucial.

This article explores what an Islamic Will is, how it differs from a standard will, and why every Muslim, regardless of age or wealth, should consider having one in place.

What is an Islamic Will?

An Islamic Will (also known as a Sharia-compliant will) is a formal legal document that outlines how a Muslim’s estate should be handled after death in accordance with Islamic inheritance laws, known as Faraid (the fixed shares of inheritance as prescribed in the Qur’an and Hadith). These laws are based on divine injunctions revealed in the Qur’an and elaborated upon through Hadith and scholarly interpretation.

Faraid is not discretionary; it specifies fixed shares for heirs such as the spouse, children, and parents. The Islamic Will ensures that these shares are upheld while also allowing a portion — up to one-third of the estate — for the testator to distribute as they wish (e.g. to non-heir relatives, friends, or charitable causes). This portion is called Wasiyyah.

Drafting an Islamic Will is not only a matter of legal prudence but also a religious obligation. The Prophet Muhammad (peace be upon him) said:

“It is not permissible for any Muslim who has something to will to stay for two nights without having his will written with him.”
(Sahih al-Bukhari, Hadith 2738)

Why Is an Islamic Will Important?

1. A Religious Duty

Writing an Islamic will is first and foremost a religious obligation. It is a clear demonstration of obedience to Allah’s guidance and a reflection of one’s sense of accountability in this life and the next. By preparing a will, a Muslim ensures that their responsibilities are not left unresolved after death, which is an integral part of the Islamic concept of Amanah, or entrusted responsibility. The Hadith referenced earlier reminds Muslims of the urgency and importance of putting one’s affairs in order.

2. Compliance with Divine Law

The Qur’an leaves no ambiguity when it comes to inheritance laws. The shares prescribed in Surah An-Nisa ensure justice, balance, and protection for all members of the family — including women and minor children — who might otherwise be vulnerable. An Islamic Will guarantees compliance with these divine rules and prevents any wrongful exclusion of rightful heirs.

3. Discretionary Giving (Wasiyyah)

Islam allows a Muslim to allocate up to one-third of their estate as they wish (e.g. to support charitable causes, benefit non-Muslim relatives, or assist a struggling friend). This provision offers room to reflect one’s personal values while still preserving the core structure of Islamic inheritance.

This portion also offers the opportunity to leave behind Sadaqah Jariyah, or ongoing charity, which continues to earn the deceased spiritual rewards long after death.

It is important to note that Wasiyyah cannot be used to benefit heirs already entitled under Faraid unless all other heirs consent after the testator’s passing.

4. Settling Debts and Spiritual Obligations

Before any inheritance is distributed, an Islamic Will ensures that debts, both financial and spiritual, are paid. This includes loans, outstanding zakat, fidyah for missed fasts, and performance of Hajj (if due). Meeting these obligations reflects a holistic understanding of accountability to both people and to Allah.

5. Legal Protection in Non-Muslim Jurisdictions

In places like Canada, the default succession laws may not align with Islamic principles. Without a valid Islamic Will, provincial estate laws may distribute assets in ways that contradict Faraid. For instance, dividing equally among children regardless of gender, or overlooking extended family members who are entitled under Islamic law.

A properly drafted Islamic Will bridges this gap by ensuring legal enforceability within Canadian law while honouring Islamic values.

6. Preserving Family Harmony

Disputes over inheritance can tear families apart. A clear, legally valid Islamic will minimizes legal battles or emotional disputes among your loved ones. In Islam, preserving family unity is a deeply held value. It provides clarity, transparency, and fairness, helping maintain harmony during a time that is often emotionally difficult for surviving family members.

By clearly stating your wishes and following both Islamic and Ontario legal guidelines, you reduce the likelihood of misunderstandings or challenges to the will’s validity. This protects your heirs from unnecessary hardship and honours your duty as a caregiver, even after death.

7. A Sign of Responsibility and Love

Planning one’s estate is an act of care and foresight. It protects dependents, honours the rights of others, and leaves behind a legacy of justice and faith. It offers peace of mind knowing that one’s obligations will be fulfilled and that surviving loved ones will not be left in uncertainty or confusion.

Why Choose Nihang Law for Your Islamic Will?

An Islamic Will is more than just a legal formality. It is an expression of faith, care, and spiritual accountability.

In countries like Canada, where Faraid is not the default, having an Islamic Will is both a moral imperative and a legal safeguard. It allows you to fulfill your religious obligations while ensuring your estate is handled with fairness and dignity.

At Nihang Law, we specialize in creating wills that are both Shariah-compliant and legally enforceable in Ontario. We understand that Islamic estate planning involves more than just distributing assets — it’s about fulfilling your religious obligations, protecting your family, and ensuring your final wishes are respected both legally and spiritually.

We offer:

• Custom-drafted Islamic Wills that are compliant with both Shariah and Ontario’s Succession Law Reform Act.
• Guidance on addressing jointly held assets, such as bank accounts or real estate, which may pass outside of the estate and override will instructions unless properly accounted for in the estate plan.
• Guidance on calculating Faraid shares accurately.
• Advice on including Wasiyyah (the one-third discretionary portion) to support charitable giving or extended family.
• Attention to religious debts, including outstanding zakat, missed fasts, or unperformed Hajj.
• Executor and guardian designations that respect both faith and law.
• Peace of mind for you and protection for your family.

Whether you are a parent, a business owner, or nearing retirement, preparing your Islamic Will is a powerful act of faith, foresight, and responsibility. Let us help you make sure your legacy reflects your values.

Final Thoughts

An Islamic Will is not simply about distributing assets. It is an expression of your values, your faith, and your love for your family. It brings together spiritual integrity and legal clarity, ensuring your wealth is distributed justly, your religious duties are fulfilled, and your loved ones are protected.

In Ontario, where default inheritance laws do not align with Islamic principles, a legally enforceable Islamic Will is essential. By working with a law firm that understands both Islamic and Canadian legal frameworks, you can ensure that your will is both faithful and effective.

At Nihang Law, we are here to guide you through every step of this vital process. Start your Islamic Will today. Protect your legacy in this life and the next.