How to Make an Islamic Will — A Practical Guide for Muslims in France

In brief: An Islamic will (Wassiya) can be written in six steps, without a notary, lawyer, or fee. It must meet two sets of requirements: the rules of Sharia, including the one-third limit, debts, and funeral wishes, and the formal requirements of French law, namely that a holographic will be handwritten, dated, and signed. Once written, it records the wishes to be followed after your death.

Key points to remember

• The Prophet ﷺ taught Muslims not to let two nights pass without having their will ready when they have something to bequeath. This deserves prompt attention, not indefinite delay.
• In France, if there is no written will, French civil law alone governs the estate and your personal religious wishes may not be carried out.
• An Islamic will may be written by hand without a notary and remains legally valid if it is properly dated and signed.
• Under the hadith-based one-third rule, you may bequeath up to one third of your net estate; Islamic inheritance shares concern the remainder, within the limits of mandatory French law.
• A Wassiya can record funeral wishes, religious debts, your preferred guardian for minor children, and a gift to a charitable cause.

Why writing an Islamic will matters

Allah says in the Qur’an: “It is prescribed for you that when death approaches one of you – if he leaves behind any wealth – a bequest should be made in favor of parents and immediate family members[78] with fairness, this is a duty upon the righteous.” (Qur’an 2:180 · Rowwad Translation Center · QuranEnc v1.0.19).

[78] This ruling was abrogated in Surah an-Nisā’, stipulating obligatory shares for parents and close relatives. Those who do not inherit by law may be remembered in a bequest.

The Prophet Muhammad ﷺ said that it is not right for a Muslim who has something to bequeath to spend two nights without having a written will with them (Sahih al-Bukhari 2738; Sahih Muslim 1627a for two nights; Muslim 1627d for three nights).

For Muslims living in France, this act has an added practical importance. Without a will, French civil law applies by default: religious funeral wishes may be unknown, the estate is distributed without reference to your stated Islamic wishes, and no preferred guardian may have been named for your children. Your directions remain subject to mandatory French law.

The six steps for writing your Wassiya

Step 1 — The Shahada

Begin your will with the profession of faith. This affirms your Muslim identity and grounds the document in your faith.

“I bear witness that there is no deity except Allah and that Muhammad is His Messenger.”

Step 2 — Your funeral wishes

State clearly:

• That you want the Islamic ritual washing (Ghusl) to be performed by trusted people
• That you want the funeral prayer (Salat al-Janazah)
• That you wish to be buried in a Muslim section of a cemetery
• That you refuse cremation
• Whether you wish to be repatriated to your country of origin or buried in France

Step 3 — Your debts

List all your financial and religious debts. They take priority over any bequest and should be discharged before the testamentary gift is applied.

Financial debts: loans, borrowed money, and unpaid rent.

Religious debts: unpaid Zakat, missed Ramadan fasts that remain to be made up, an unperformed Hajj if it had become obligatory and you had the means, and any Kaffara owed.

Step 4 — Guardianship of your minor children

If you have minor children, nominate a trusted guardian—preferably a practising Muslim capable of supporting their Islamic upbringing. Give the person’s full name, their relationship to you, and your expectations. In France, the guardianship judge takes this nomination into account while deciding according to the child’s best interests.

Step 5 — The bequest itself

You may freely bequeath up to one third of your net estate, after funeral expenses and debts have been deducted. This hadith-based maximum may benefit:

• An Islamic or charitable organisation
• Someone who is not already a legal heir
• A charitable religious project, such as a mosque, school, or support for orphans

Important: According to the majority scholarly view, this bequest cannot benefit an Islamic heir unless the other heirs consent freely after the death, subject to applicable law. The Prophet ﷺ said: “There is no bequest for an heir.” (Sunan Abi Dawud 2870).

Islamic inheritance shares concern the balance of the estate and vary according to the surviving spouse, children, and parents. In France, all arrangements must also comply with mandatory civil-law rules, including the hereditary reserve.

Step 6 — The legal form

For a holographic will to be valid in France, it must be:

• Written entirely by hand, with no printed portion
• Dated, with the day, month, and year
• Signed with your name

That is all the form itself requires. A notary is not compulsory merely to make a holographic will; notarial involvement is required when real property is transferred as the estate is settled.

It is advisable to deposit the will with a notary so that it can be registered in the Fichier Central des Dispositions de Dernières Volontés (FCDDV) and found when needed.

Read also: Writing a Wassiya without a notary — 2026 guide

Holographic will vs authentic will

For many Muslims, a holographic will is sufficient and can be prepared immediately, although tailored professional advice remains useful for a complex estate.

How Wassiya differs from generic templates

Most downloadable Islamic-will PDF templates are the same for everyone: identical wording and structure, with no adaptation to the user’s circumstances. They ask nothing about your debts, country of residence, children, or assets.

Wassiya uses a guided questionnaire to adapt each clause to your real situation. There is no blind copying and pasting and no unexplained blanks to fill. The result is a personalised, multilingual document that can be downloaded as a PDF, without requiring a notarial consultation merely to write it.

Read also: Wassiya and minor children: appointing a guardian in Islam

When an Islamic will is not enough

Even a carefully written Islamic will does not replace:

• A notary when real property is transferred as part of an estate in France
• A properly written life-insurance beneficiary clause when protecting your spouse
• An estate-planning agreement or tailored advice if your family situation is complex, such as children from different relationships or an international estate

In these cases, consult a lawyer or notary specialising in French succession law in addition to preparing your Wassiya.

Create your Wassiya now — in 10 minutes

Once you understand the rules, writing your will takes only a few minutes when you are guided step by step. Wassiyatoun covers these six stages and produces a personalised testament PDF ready for you to handwrite or execute in the form required by French law. Create your Wassiya here.

Continue reading

• Writing a Wassiya without a notary — 2026 guide
• Wassiya and minor children: appointing a guardian in Islam

Frequently asked questions

Is an Islamic will valid in France? Yes. A holographic will—written entirely by hand, dated, and signed—is legally valid in France regardless of its religious content, provided that its substance and execution comply with mandatory French law.

What is the one-third rule in Islam? The rule comes from the Prophet’s ﷺ instruction to Sa‘d ibn Abi Waqqas: one third may be bequeathed, although “one third is much” (Sahih al-Bukhari 2742; Sahih Muslim 1628a). It is not a Qur’anic rule. The calculation is made on the net estate after debts and funeral expenses, and its application in France remains subject to mandatory French succession law.

Do I need a notary to make an Islamic will? No, not merely to make a holographic will. Notarial involvement becomes compulsory in the settlement of an estate that includes real property.

Can a Wassiya leave a bequest to a legal heir? According to the majority view, an heir should not receive an additional testamentary gift unless the other heirs agree after the testator’s death. This rule is based on the hadith, “There is no bequest for an heir” (Sunan Abi Dawud 2870).

How should religious debts be included in a Wassiya? List them expressly: unpaid Zakat, fasting days still owed, an outstanding Hajj obligation, and any Kaffara. Their precise civil treatment depends on French law, but recording them gives your executor and family clear instructions.

At what age should I write my Wassiya? French law generally permits a minor aged 16 or over to make a will, within specific legal limits. Islam encourages believers not to delay once they have property, responsibilities, or debts.

How do I nominate a guardian for my children in a Wassiya? Identify the person clearly by full name and relationship, and state your wishes for your children’s Islamic upbringing. The French judge considers this nomination but retains the final decision in the children’s best interests.

Sources

1. Muslim wills in France: Islamic rules and French law — pompes-funebres-musulmanes.fr — accessed April 2026
2. Making a will under Islamic rules — islamweb.net — accessed April 2026
3. How to write your will according to Islam — al-kanz.org — October 2024
4. Wills: Islam and French law — imanemagazine.com — accessed April 2026
5. How should a will be prepared in Islam? — abtal.paris — accessed April 2026