The concept of will exists in Islamic law. For the same reasons it is
executable in all the Muslim countries around the world. There are
special laws of will present in different Islamic Countries that are
compliant with the Original Shariah Law. A golden principle is that a
person is not allowed to deprive his own legal heirs by making a will. A
will can be challenged in the courts of law if it is not a valid one.
Will is 100% executable after the death of person making it.. However under the Shariah law there are some conditions of validity of will. For example a person cannot give all his property to one person in will by depriving the real legal heirs. Will can be made 1/3rd of the total property in that respect. Similarly a will made on the death bed is not a valid one..
Now the determination of death bed is another matter that should be addressed. According to the scholars of Islamic School of thoughts a person is on the death bed when he/she suffers from a disease that is non curable. Similarly a time period of death bed is determined as six months. That means if a will is made and the person making it does not die in six month after the will then it is a valid one.
Another thing about the validity of will is the sanity of person making it. If a person is insane then he/she is incapable of making a will. Similarly a person that hasn't attained the age of puberty is not eligible for making a will. In the statutes around the Muslim world the age for making a will is at least eighteen years. Will can be made related with the movable property as well as immovable property.
Will is 100% executable after the death of person making it.. However under the Shariah law there are some conditions of validity of will. For example a person cannot give all his property to one person in will by depriving the real legal heirs. Will can be made 1/3rd of the total property in that respect. Similarly a will made on the death bed is not a valid one..
Now the determination of death bed is another matter that should be addressed. According to the scholars of Islamic School of thoughts a person is on the death bed when he/she suffers from a disease that is non curable. Similarly a time period of death bed is determined as six months. That means if a will is made and the person making it does not die in six month after the will then it is a valid one.
Another thing about the validity of will is the sanity of person making it. If a person is insane then he/she is incapable of making a will. Similarly a person that hasn't attained the age of puberty is not eligible for making a will. In the statutes around the Muslim world the age for making a will is at least eighteen years. Will can be made related with the movable property as well as immovable property.
