Significance of Making a “Will” – Shariah Compliance with Ontario Legislation
Thinking about your loved one leaving the world, is quite upsetting and challenging, mostly for the ones depending on that person completely. However, Islamic shariah understands the association of people allied to each other, and so recommends to create a “Will” as per Shariah. A “will” is basically a legal document, drafted based on the descendant’s intentions for their belongings, after they die. However, residing in Ontario it is significant to discuss Shariah Wills compliant with Ontario provincial legislation. Having a “will” prepared will help the family tree to distribute the assets according to the deceased’s intentions and not court’s choice.
Islamic Shariah, has clearly mentioned a legit distribution of assets and belongings you own, in your life. This “Will” is made in accordance to the loved ones and dependents you leave behind, after all the debts and loans are paid, taken by the deceased in their life. Also, to be noted, if a husband passes away, the “Maher” and gifts given to the wife will remain her property. Therefore, making a will is no less than a necessity, for the betterment of your dependents. Further, the Hadith states it more clearly, for you to believe and understand in the light of Islamic Shariah or say law;
“It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a Will about it.” (Sahih al-Bukhari)
The good part is that, Islam gives the right to even a dead person, to distribute his assets and belongings as per their will or choice. Isn’t it a privilege? It definitely is, which is why the specified share and distribution ratios are clearly mentioned in the Holy Book of Quran, which says;
“It is prescribed upon you, when death approaches (any) one of you – if he leaves behind wealth – then he should make a will (wasiyyah) for his parents and near relatives in a fair manner [in the one-third]. This is a duty upon the pious people. (2:180)
The Major Breakdown of Shariah Will – Wasiyyah Bequest and Shariah inheritance
Wasiyyah is basically a declaration formed by the deceased, during his lifetime with respect to their property, belongings and assets. Wasiyyah Bequest offers a share in assets to all those who does not comes under the eligibility of Shariah Inheritance. The portion for this is restricted to 1/3rd of a person’s estate and more than 1/3rd is considered forbidden in Islam. Whatever a person mentions in their Wasiyyah Bequest can be everything or anything, as long as it is not prohibited in Islam or, against the Quran.
Islam is a foundation of fairness and so, it has clearly explained the distribution of assets in Quran to avoid any family conflicts. The daughters have the right to share ½ of the share given to the son in the property, which means the son has double the share that the daughters get in that property. If she does not have a brother, she only gets half of the shares in that property. To be noted, non- Muslims are not liable to get any share in the property or assets as per the Shariah inheritance. Hence, is important to understand the implementation of Shariah inheritance and Wasiyyah Bequest, respectively.
Power of Attorney or Personal Care, “Will” Keeps it All Fair
Moreover, it is essential for you to know that, Islamic “will” diverges from typical wills with the key variance being that Muslims are obligated to observe Islamic rules as it relates to asset distribution or allocation amongst relatives and dependents. Islamic inheritance law can be fairly intricate and complex if you lack, adequate know-how of your wealth and belongings distribution, based in accordance with Islamic Law. Forming an Islamic will, needs an expert in both Islamic Law and Canadian Inheritance law. Islamic and Canadian laws regarding a “will” might look like these;
Distribution of Wealth | Canadian Will | Islamic Will |
Choice of Beneficiaries | No restrictions. You choose the beneficiaries and how much they each receive. | The Qur’an has chosen who the beneficiaries are and how much they each receive; however, you can give up to 1/3 of your estate as gifts to others. |
| Burial Arrangements | No restrictions. | Ensures that you have a Muslim Burial and prohibits any unnecessary autopsy. |
| Payment of Obligation | Pay all debts, taxes due and funeral expenses. | Pay all debts, taxes due, and funeral expenses; as well as any outstanding Mahr, Zakat and Fidya. |
| Powers of Trustees | Wide powers to administer estate. | Limits powers of investment to those compliant with the Shariah. |
| Jurisdiction | Valid under Canadian law. | Valid under Canadian and Shariah Laws |
Therefore, The Islamic laws governing inheritance instructions offer an active safety net in the happening that a Muslim dies without an Islamic will, but there is no telling how a dead’s estate may be handled in a Canadian court. Consequently, the above-mentioned table will help you getting a clear understanding towards the “will” formation based on Canadian and Islamic perspective. However, the following queries needs to be justified, for the completion of your legal will;
- Who will act as your Estate’s Executor and Alternate Executor?
- How do you wish the assets of your Estate to be distributed or divided?
- Do you wish to make special provisions for any important items or heirlooms?
- Do you have any assets that will require specific planning or management?
- If you have children, who will be named as their guardian(s)?
- If minors may become beneficiaries under your Will, at what age(s) do you wish that your bequests be granted to them?
Furthermore, the “will” should fulfill with the Quranic statements and guidance about the inheritance. There is no harm in appointing a legal solicitor for a proper guidance and expert advice in preparing your “will”. Family members are required to follow the Quranic instructions and respectfully take the fixed share, inherited to them as per the Islamic shariah.
