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

Introduction to Wills for Muslims in UAE

The registration of wills for Muslims in the UAE is a top topic. For many Muslims, the question of whether to write a will may seem unnecessary—especially when Islamic inheritance rules are already clearly laid out in the Qur’an. But in practice, particularly for Muslims living in non-Muslim-majority countries or mixed legal systems like the UAE, the absence of a will can lead to unintended consequences.

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

Islamic Guidelines on Wills (Wasiyyah)

Islamic law provides specific and detailed inheritance rules (faraid), distributing fixed shares of a deceased person’s estate among certain family members. However, Islam also 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)

According to Islamic teachings, a Muslim can leave up to one-third of their estate to beneficiaries who are not already entitled under faraid—such as friends, more distant relatives, or charities. The remaining two-thirds must follow the mandated shares.

What Happens Without a Will?

If a Muslim passes away without a will in place:

• In non-Muslim countries, the estate is distributed under civil law, not Islamic law.
• Spouses may inherit everything, leaving out parents, siblings, or children.
• Children may inherit equally, regardless of gender.
• No provision is made for charitable giving, debt settlement, or religious preferences unless explicitly stated.

This not only contradicts Islamic principles, but also risks causing disputes and delays during the probate process.

What About Wills for Muslims in the UAE?  

In the UAE, the inheritance process depends heavily on the jurisdiction in which the will is registered:

In Dubai or Abu Dhabi Civil Courts:

• Muslim inheritance defaults to Sharia law.
• Even with a will, Muslims cannot override fixed shares, but can appoint guardians or include funeral wishes.

In DIFC or ADGM (Common Law jurisdictions):

• Non-Muslims can register wills that opt out of Sharia.
• Muslim expats must proceed with care: while some wills may be accepted, they must be drafted to comply with Sharia to be enforced.

At Rubert & Partners, we can help you navigate these complex systems to ensure your wishes are respected.

Top Reasons Muslims Should Consider Having a Will

✅ Protect your religious values
A will allows you to ensure your estate is distributed in line with Sharia.

✅ Use your one-third discretionary portion
Designate funds to support friends, charitable causes, or specific relatives.

✅ Appoint trusted executors and guardians
Take control of who handles your estate and who cares for your children.

✅ Avoid unintended consequences
Don’t leave distribution to secular laws that may contradict your faith.

✅ Peace of mind
Eliminate confusion, prevent disputes, and ease the burden on your loved ones.

Conclusion Wills for Muslims in UAE: A Will Is Not Only Permissible—It’s Wise

Having a will is not just a legal safeguard; it’s a spiritual responsibility. Whether you live in the UAE, Europe, or elsewhere, the absence of a properly drafted will could lead to outcomes that violate both your faith and your family’s expectations.

At Rubert & Partners, we understand the intersection between Islamic principles and local legal frameworks. If you’re a Muslim looking to draft a valid, Sharia-compliant will in the UAE or abroad, our team can guide you through the process.

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We hope this post will help you and remain available for any questions regarding this post of general application.

For direct publications on Wills in UAE you may click here and for specific topic videos on UAE Family Law here. For more information, feel free to explore all our publications at this link, as well as video insights on the topic from our Managing Partner, Maria Rubert here.

*The information on this page is not intended to be legal advice. This article is intended to provide an initial introduction to wills for muslims in UAE.