Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advice): The Importance of an Islamic Will
Rasulullah (Sallallahu Alaihi Wasallam) said, “It is not permissible for a Muslim who possesses anything to bequeath, to let two nights pass without having a will written and kept ready.” (Sahih Bukhari)
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Question and Answer:
- As a solicitor, is it permissible for me to draw up a non-Shariah will for my Muslim clients? Will the income from it be Halaal?
(Question published as received)
- It is not permissible for a solicitor to prepare a non-Shariah compliant will for a Muslim client, as it will amount to assisting in sin. Allah Ta’ala mentions: “Do not assist each other in sin and aggression.”(Surah Maaidah)
The wages received from preparing such a will, will be Haraam. It will be necessary for the solicitor to return the money to the Muslim client and, if this is not possible, to dispense of it by giving it to the poor and needy. (Shaami)
And Allah Ta’ala Knows Best
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)
Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
223 Alpine Road, Overport
Durban, South Africa
Tel : +27 (0) 31 2077099
Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za
