Take Control of the Future – Make your Islamic Will Today!
Preparing an Islamic Will is one of the single most important steps you can take to protect your family, control how your assets are distributed and ensure that you comply with Islamic Inheritance principles.
Why an Islamic Will?
It is not possible for your estate to be distributed in accordance with Islamic Inheritance principles unless you have a legally valid Will which sets out the Islamic distributions.
كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْأَقْرَبِينَ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ"۔ سورة البقرة آية 180۔
“It is prescribed that when death approaches any of you – if they leave something of value – a Will should be made in favour of parents and immediate family with fairness. This is an obligation on those who are mindful of Allah” – Sura Al-Baqarah, verse 180.
حدثنا عبد الله بن يوسف أخبرنا مالك عن نافع عن عبد الله بن عمر رضي الله عنهما أن رسول الله صلى الله عليه وسلم قال: " ما حق امرئ مسلم له شيء يوصي فيه يبيت ليلتين إلا ووصيته مكتوبة عنده"۔
صحيح البخاري - المجلد 4 - الصفحة 2 - جامع الكتب الإسلامية
“It is not permissible for any Muslim who has something to give to stay for two nights without having his Will written and kept ready with him” – Sahih Bukhari, Book 51.
Why Engage A Wills Lawyer?
We take the time to get it right – so that your wishes are clear, your assets are protected and your family is spared the mess.
Online / DIY Islamic Will Platforms
Islamic Inheritance principles and Australian Inheritance laws are complex and the Quranic shares can and do change depending on your family circumstances. This can and ultimately will lead to confusion not just amongst your Executors and Beneficiaries but also a Court particularly if and when a Grant of Probate is sought and a family provision claim is made.
There are no shortcuts, sound legal advice and a properly drafted Will simply cannot be done “in minutes” as some online platforms will have you believe. When it comes to Wills, the only safe hands are those of a qualified and experienced Wills Lawyer who actually spends the time with you.
The reality is that preparing your Will via online or DIY will platforms is fraught with danger. Many online will platforms produce generic documents without understanding your unique circumstances – and it shows in their promise to prepare a Will “in minutes” and at minimal cost. This might sound like a quick inexpensive option in the short-term, but unless your Will is done right, it can result in unintended consequences and/or costly legal disputes after your death.
We have seen many examples of Wills prepared via online platforms which simply make reference to a schedule/table of Islamic shares as outlined in the Quran and leave it up to the Executor(s) or the Court to interpret. We have also seen countless examples where clients are not made aware that their so-called ‘Islamic Will’ does not actually apply to a significant proportion of their asset pool.
Is An Islamic Will Legally Valid?
For a Will to be valid in Australia, it must comply with formal legal requirements. For example, the Will must be in writing, the person making the Will (the testator) must be of sound mind and intend to give effect to the Will by signing it in the presence of two or more witnesses present at the same time.
The Australian succession system allows testators the freedom to decide how they wish to distribute their estate. For this reason, Islamic Wills are consistent will our laws. It is still possible for eligible family members to challenge a Will where they can demonstrate that they have been left without adequate provision. However, the Court must place itself in the position of the testator, treating them as wise and just, rather than a fond and foolish family member. There has been a gradual move to overhaul the succession law system ie. Succession Act 2023 (SA) in an effort to provide greater certainty that the wishes of the testator will be carried out. Only a qualified and experienced Wills lawyer can advise on mitigating the risk of family provision claims.
Belal Moraby
Crescent Lawyers
Personal Consultation with a Lawyer
We offer a one-on-one discussion with a qualified and experienced Lawyer – Belal Moraby, Founder / Director of Crescent Lawyers who has been specialising in preparing Islamic Wills for some 17 years. We take a thorough and structured approach to ensure you are fully informed about all aspects of your estate planning.
We take the time to understand your unique circumstances, including property ownership, superannuation, tax implications, family trusts, commercial structures, overseas assets and potential challenges to your Will.
When it comes to Wills, the only safe hands are those of a qualified and experienced Wills Lawyer.
Trusted Adelaide Lawyer. No marketing speak – just good old-fashioned professional service.
Our Five - Step Process
01
Complete the Intake Form Online
02
Schedule the Initial Appointment:
Telephone, Zoom or In-person
03
Will Preparation
04
Review and Submit any Amendments
05
Schedule the Final Appointment
"If you have the law on your side, pound the law."
What our clients say
Fees
*Includes two (2) one-on-one appointments, Will preparation, amendments and finalisation of your Will(s).
