Drawing up non-Shariah Wills
Question
As a Muslim solicitor, is it permissible for me to draw up a non-Shariah will for my Muslim clients?
Answer
It is not permissible for a solicitor (legal professional) to prepare a non-Shariah-compliant will for a Muslim client, as it will amount to assisting in sin.
Allah Ta’ala says in the Qur’an: “Do not assist each other in sin and transgression.” (Surah Maaidah)
N.B. The Jamiatul Ulama KZN offers a free service to the public to assist Muslims with their Islamic Wills. We can advise you and answer questions relating to your Will, inheritance, and any proposed estate planning, to ensure that your arrangements are valid according to Shariah. We encourage Muslims to attend to these matters during their lifetime and not leave them until it is too late. To arrange an appointment, please contact the Jamiatul Ulama KZN office on 031 207 7099.
Islamic Wills are also available to download here.
And Allah Ta’ala Knows Best
Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.