It’s the conversation we all tend to put off, but National Wills Week is the perfect reminder: planning for the future is one of the most important things you can do for your loved ones. For South African Muslims, this means drafting a valid Islamic will to ensure your legacy is handled with both legal and religious care.
It’s a startling fact that only around 34% of adult South Africans have a will. For Muslims, dying without one—known as dying intestate—means your estate won’t be managed by the clear guidelines of Shari’ah. Instead, it falls under the South African Intestate Succession Act, a situation that can lead to lengthy court delays and family disputes.
Yaseen Badat, executive financial advisor at Liberty Group, puts it plainly: a will is the essential “guiding document that starts off the process.” Without it, he warns, the “wheels of justice within our courts turn very slowly,” and an estate can be “delayed unnecessarily and at the detriment… of the heirs and the beneficiaries.”
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More than just a document—it’s peace of mind
Many people assume that because Islamic inheritance laws are divinely prescribed, they will be applied automatically. However, navigating the local legal system requires a formal document. “By having the will in hand, it makes the process far easier,” explains Badat. It provides the “mechanism… to effectively kickstart the process” of winding up an estate.
Think of your Islamic will as a clear roadmap for your executor. It allows you to appoint a trusted executor to manage your affairs, leave a lasting legacy by bequeathing up to one-third of your estate to a charity or individuals not listed as primary heirs, and ensure your rightful heirs receive their Shari’ah-prescribed shares without complication.
Badat stresses that a one-size-fits-all approach doesn’t work. “Every single person has a different and unique situation,” he says, pointing to complex factors like different marital regimes, family dynamics, and assets held in trusts or companies. This is why professional advice is so valuable. An advisor can help you “unpack the details” and ensure your will is both legally sound and Shari’ah-compliant.
While templates from organisations like the Jamiatul Ulama are a great starting point, Badat advises that they are “not a holistic solution” on their own. Proper estate planning requires a comprehensive look at your unique circumstances.
Ultimately, creating an Islamic will is an act of responsibility rooted in faith. As Badat reminds us, the guidance is clear: “We cannot, according to our beloved Nabi (SAW), go more than three days without taking this conversation seriously and documenting in a will, what is going to happen.” It’s about protecting your family’s future and ensuring your final wishes are honoured.
This National Wills Week, take the step to secure your legacy. It’s a conversation that brings not just legal protection, but profound peace of mind.
Image: Ask The Scholars
