“It is the duty of a Muslim who has anything to bequeath not to let two (2) nights pass without writing a Will about it.” (Sahih al-Bukhari)
A Will is a legal document that sets out an individual’s wishes and instructions regarding the distribution of their assets and the management of their affairs after their death.
In Ontario, if a person dies without a Will, Islamic or otherwise, his or her property will be divided according to the rules set out in the Succession Law Reform Act. Without a Will, the deceased’s belongings will be subjected to the law of the Province of Ontario, which often does not coincide with the practices of Islam.
What is an Islamic will?
An Islamic will is a Sharia-compliant will under Canadian law. To create an Islamic will in Canada, you should be 18 years or older and have the mental capacity to make a will.
Under these rules, you need to allocate two-thirds of your estate to your immediate family members. The remaining one-third can be given to other people. It’s important to specify in your will the exact items or amounts of money you wish to leave, whether it’s a specific piece of jewelry or family heirlooms like art pieces.
also ensures that your funeral arrangements are in line with Muslim practices and restricts any unnecessary autopsies. Before the distribution of your assets, all debts, taxes, funeral expenses, and any outstanding religious obligations such as Mahr, Zakat, or Fidya must be settled.
Choosing an executor and witnesses
When you’re preparing your Islamic will, you will need an executor, who is someone you trust deeply. They need to be organized, capable of managing financial and legal tasks, and willing to take on this significant responsibility. Ideally, this person is younger, healthy, and has a good understanding of inheritance laws.
On the other hand, witnesses should be individuals who do not stand to benefit from your will to avoid any potential conflicts of interest. They should be of sound mind and understand the importance of being witnesses.
At our Durham Region family law firm, we specialize in drafting Islamic wills with precision and care. Please contact us for a 15-minute free consultation today.