Should Muslims Have a Will? Legal and Religious Perspectives for Modern Times

Introduction to Wills for Muslims in the UAE

The registration of wills for Muslims in the UAE is a frequently discussed topic. For many Muslims, the idea of writing a will may seem unnecessary, given that Islamic inheritance rules are clearly set out in the Qur’an. In practice, however—especially for Muslims living in mixed legal systems such as the UAE—the absence of a will can lead to unintended and problematic consequences.

At Rubert & Partners, we regularly advise Muslim clients on how to protect their assets while honouring their faith. So, is it better or worse to have a will if you are Muslim? Let us explore.

Islamic Guidelines on Wills (Wasiyyah)

Islamic law provides detailed inheritance rules (faraid), allocating fixed shares of a deceased person’s estate to specific heirs. However, Islam also strongly encourages believers to write a will.

The Prophet Muhammad ﷺ said:

“It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.”
— (Bukhari & Muslim)

Under Islamic teachings, a Muslim may allocate up to one-third of their estate to beneficiaries who are not entitled under faraid, such as charities, distant relatives, or friends. The remaining two-thirds must be distributed strictly in accordance with Sharia rules.

What Happens Without a Will?

If a Muslim dies without a valid will:

• In non-Muslim jurisdictions, inheritance may be distributed under civil law rather than Islamic law.
• Spouses may inherit the entire estate, excluding parents, siblings, or other heirs recognised under Sharia.
• Children may inherit equally, regardless of gender.
• No provision is made for charitable giving, debt settlement, or religious preferences unless expressly stated.

This can directly conflict with Islamic principles and may lead to disputes and delays during the probate process.

Wills for Muslims in the UAE

In the UAE, the effect of a will depends on the jurisdiction where it is registered:

Dubai or Abu Dhabi Civil Courts

• Muslim inheritance defaults to Sharia law.
• A will cannot override fixed inheritance shares, but may include guardianship appointments, funeral wishes, and administrative directions.

DIFC or ADGM (Common Law Jurisdictions)

• Non-Muslims may register wills opting out of Sharia.
• Muslim expatriates must proceed carefully; any will must remain Sharia-compliant to be enforceable.

At Rubert & Partners, we assist clients in navigating these overlapping legal systems to ensure their wishes are respected.

Why Muslims Should Consider Having a Will

Protect religious values: A will helps ensure distribution in line with Sharia principles.

Use the one-third discretionary portion: Allocate funds to charities, friends, or specific relatives.

Appoint executors and guardians: Decide who administers the estate and who cares for minor children.

Avoid unintended outcomes: Prevent distribution under secular laws that may contradict your faith.

Peace of mind: Reduce uncertainty, family disputes, and administrative burden.

Conclusion: A Will Is Not Only Permissible — It Is Wise

A will is not merely a legal document; it is a spiritual responsibility. Without one, outcomes may arise that conflict with both Islamic principles and family expectations.

At Rubert & Partners, we understand the delicate balance between Sharia obligations and local legal frameworks. If you are a Muslim seeking to draft a Sharia-compliant will in the UAE or abroad, our team can guide you through the process.

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We hope this article has been helpful. For more information, explore our publications on wills in the UAE, our family law videos, or all our English publications.

Disclaimer: This content is provided for general informational purposes only and does not constitute legal advice. It serves as an introductory overview of wills for Muslims in the UAE.