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• Library > Legal Subjects > Estate Planning > Islamic and Customary Laws

Related Topics

• Estate Legalese (Terms)
• Probate
• Wills

WHO CAN BE NAMED A BENEFICIARY IN THE WILL UNDER THE ISLAMIC LAWS ?

As a Muslim, your beneficiaries can be your relatives, friends, people in need or public welfare.

You can also name Non-Muslims as your beneficiaries.

However, beneficiaries are not entitled to a fixed share under the Syariah Law and a bequest cannot be made to any person or thing that opposes Islam.

WHAT HAPPENS IF A MUSLIM BEQUESTS MORE THAN 1/3 OF THE ESTATE ?

Where a Muslim bequests more than 1/3 of the estate to the beneficiaries, the bequest can still be effected provided that all those who are entitled to a fixed share from the residue 2/3 of the estate agree to a corresponding reduction in their respective shares.

WHAT HAPPENS IF A MUSLIM DIES WITHOUT MAKING A WILL ?

Where a Muslim dies without making a will, his or her estate after payment of proper funeral expenses and debts will go the beneficiaries according to the entitlement under the Syariah Law.

Where there are no beneficiaries or where the beneficiaries predeceased the deceased, the estate will automatically goes to the Baitulmal or a public fund maintained by the Syariah.