How much may be left to someone outside the family in Islam?

Up to one third of the net estate under Sahih al-Bukhari 2742 and Sahih Muslim 1628a, subject in France to the available portion and mandatory succession law.

Is a Wassiya legally valid in France?

Yes. A holographic Wassiya must be entirely handwritten, dated, and signed under Article 970 of the Code civil, and its provisions must comply with mandatory French law.

Is a notary required to write a Wassiya?

No. Notarial advice and deposit are optional when writing a holographic will, although a notary is required when an estate containing real property is settled.

What happens if I die without a Wassiya?

French intestacy law governs the estate and unrecorded Islamic funeral, guardianship, and charitable wishes may not be known.

Completed Wassiya Example — Full Annotated Template

Q: What is the structure of a well-written Wassiya?

A complete Wassiya covers faith, identity, debts, permitted voluntary bequests, executor, preferred guardian where needed, funeral wishes, date, and signature.

Q: Can funeral wishes be included?

Yes. State Ghusl, shrouding, Salat al-Janazah, burial, repatriation, and cremation wishes clearly and tell relatives where to find them.

Q: How should debts be stated?

Identify every creditor, approximate amount, and supporting record. Also record unpaid Zakat, Kaffara, entrusted property, and other religious obligations.

In brief: A Wassiya is organised into clear sections covering faith, debts, a voluntary bequest of no more than one third, heirs, guardianship, an executor, and funeral wishes. The annotated example below shows what to write and why. It remains an illustration, not individual legal advice.

Key points to remember

The one-third maximum is based on the hadith of Sa‘d ibn Abi Waqqas (Sahih al-Bukhari 2742; Sahih Muslim 1628a), not a Qur’anic rule.
Debts and funeral expenses are addressed before voluntary bequests and inheritance distribution.
A French holographic will must be entirely handwritten, precisely dated, and signed under Article 970 of the Code civil.
Registering the will’s existence in the FCDDV helps relatives find it; check the current notarial fee rather than relying on an old quoted price.
Qur’an 4:11–12 and 4:176 set out Islamic inheritance shares, while mandatory French law still governs civil effect in France.

The complete example: a Wassiya section by section

This example concerns a fictional testator, Youssef Benali, who is married, has two children, and lives in France. Each clause is followed by an explanation.

Example Wassiya — Complete document

WASSIYA OF YOUSSEF BENALI Islamic will — Written on 15 March 2026 in Lyon, France

SECTION 1 — Declaration of faith

“I bear witness that none is worthy of worship except Allah and that Muhammad is His servant and Messenger. I write this Wassiya with full capacity, hoping for Allah’s mercy and seeking to obey Him and His Prophet ﷺ.”

Why include this section? The declaration records the Islamic intention (niyya) and the testator’s Muslim identity. It has spiritual significance but does not replace the civil requirements for a valid French will.

SECTION 2 — Identity of the testator

I, Youssef Benali, born on 12 June 1978 in Casablanca, Morocco, a French national residing at 14 rue des Acacias, 69003 Lyon, married to Fatima Benali, née Hamdaoui, and father of Amine Benali, born 3 May 2005, and Leïla Benali, born 17 September 2008, make this Islamic will.

Why include this section? Full name, birth details, address, nationality, and family circumstances remove doubt about who made the document and help identify the people concerned.

SECTION 3 — My debts and obligations

I ask that the following debts be discharged before any gift or distribution:

1. Crédit Lyonnais bank loan, account no. XXXX-XXXX: the balance outstanding at death, as confirmed by the institution. 2. Private loan from my friend Karim Mansouri, 12 rue Victor Hugo, 69002 Lyon: €2,000 lent in January 2024 and not yet repaid. 3. Any unpaid Zakat al-fitr and Zakat al-mal for 2025: I ask my family to obtain qualified religious and legal advice on discharging this obligation.

Why include this section? Accurate records protect creditors and the family. Sahih al-Bukhari 2289 reports the Prophet’s ﷺ initial refusal to lead the funeral prayer of a debtor until responsibility for the debt was assumed. Include informal loans, entrusted property, Zakat, Kaffara, and unfulfilled vows, while recognising that their civil treatment must be assessed under French law.

SECTION 4 — Voluntary bequest (wasiyyat al-thuluth)

Within the lower of (a) one third of my net estate after debts and funeral expenses and (b) the portion freely disposable under French law, I bequeath:

— 15% of my net estate to Association Bayt Al-Hikma, Paris 75010, for its Islamic education programmes. — The balance of the permitted bequest to Fondation Eau Claire (Paris 75010), to finance water wells as continuing charity. If it no longer exists or cannot accept the bequest, the executor shall select a registered French charity with the same purpose.

If these gifts exceed the permitted amount, they shall be reduced proportionately.

Why include this section? The voluntary bequest is the part the testator can direct to non-heirs and charities. The one-third ceiling is hadith-based, and French mandatory-heirship rules may impose a lower freely disposable portion.

SECTION 5 — Inheritance (miras)

After debts, expenses, and valid bequests, I ask my family to seek qualified advice regarding the Islamic inheritance rules in Qur’an 4:11–12 and 4:176 and the mandatory provisions of French succession law.

Under the Islamic calculation, my wife’s share would ordinarily be one eighth if I leave descendants, and a son ordinarily receives the share of two daughters in the circumstances described by Qur’an 4:11. These statements do not purport to override the French hereditary reserve or determine the final civil distribution.

Why include this section? Islamic shares depend on everyone who survives the testator and should not be calculated from an incomplete family list. In France, reserved heirs have protected entitlements. The will should guide the family without falsely claiming that Islamic shares automatically displace French law.

SECTION 6 — Guardian for minor children

If my wife dies before me or at the same time as me, I express the wish that my brother Omar Benali, born 5 January 1982 and residing at 8 impasse des Lilas, 69006 Lyon, be considered as guardian for any of my minor children. I trust him to support their welfare, family relationships, and Islamic upbringing.

Why include this section? A parent’s nomination is important, but in France the guardianship judge retains the final decision and must act in the child’s best interests. Name a trusted replacement as well.

SECTION 7 — Executor

I appoint my wife, Fatima Benali, as my principal executor and my brother, Omar Benali, as substitute. I ask them to coordinate with the notary and relevant organisations so far as French law permits.

Why include this section? A trustworthy, organised executor helps locate information and carry out lawful wishes. Discuss the role with that person while you are alive.

SECTION 8 — Islamic funeral wishes

I wish my funeral to follow Sunni Islamic practice, subject to French law: — Ghusl performed by suitable practising Muslim men. — A simple white Kafan. — Salat al-Janazah at Al-Taqwa Mosque in Lyon, or another available mosque. — Burial in the earth, facing the qibla where permitted, in a Muslim cemetery section. I prefer burial in France near my family. — No cremation. — I ask my family to make du‘a and lawful charitable donations on my behalf.

Why include this section? Clear, accessible funeral wishes guide relatives during an urgent and emotional time. Give a copy of this section to someone who can act before the full will is formally opened.

SECTION 9 — Signature and date

Made in Lyon on 15 March 2026. Read and approved. Signature: Youssef Benali

Why include this section? A French holographic will must be written entirely by the testator’s hand, dated with the day, month, and year, and signed. An optional fingerprint cannot cure a failure to meet those requirements.

Read also: Free Wassiya PDF · Free Islamic will Word template

Adapting this example to your situation

Your Wassiya must reflect your actual family, assets, debts, and charitable intentions.

If you are single without children: do not assume that you have no Islamic heirs; parents and siblings may inherit depending on who survives. Obtain an individual calculation.

If you have non-Muslim relatives: the classical rule on inheritance between Muslims and non-Muslims requires qualified advice. The voluntary bequest may provide a lawful way to support a non-heir, within both Islamic and French limits.

If you own real property: identify it accurately. A French notary will be needed to administer an estate containing real property.

If you have life insurance: review the beneficiary clause directly with the insurer and an adviser. Its French civil treatment differs from ordinary estate assets, while Islamic analysis varies; do not rely on a generic statement that it is always outside the Islamic estate.

Wassiya and French law: what to know

France recognises a holographic will that meets Article 970, including one written in a foreign language the testator understands. Three common tensions require care:

The hereditary reserve: children have a protected minimum share that cannot simply be removed by will.
Different distribution principles: Islamic inheritance shares are not automatically imposed by a French court where mandatory French rules lead elsewhere.
Gifts to heirs: French law and the majority Islamic rule analyse them differently; Islamic validity may require post-death consent from the other heirs.

The practical goal is a document that respects mandatory French law while expressing Islamic wishes as far as legally possible. Obtain tailored advice rather than asking heirs to sign away protected rights in advance.

Create your own Wassiya in ten minutes

An example helps, but the useful will is the one adapted to your own family. Wassiyatoun’s guided questionnaire asks the questions in order and creates a structured will that you can review and execute correctly.

Frequently asked questions

What is the structure of a well-written Wassiya? Faith, identity, debts, permitted bequests, executor, guardian where needed, funeral wishes, and legally compliant execution.

How much may be left to an outsider? At most one third of the net estate under the hadith, and no more than the French available portion.

Is it legally valid in France? Yes, when its form and provisions comply with French law.

Is a notary required? Not for writing a holographic will, but notarial help is valuable and required to settle an estate with real property.

What happens without a Wassiya? French intestacy law applies and unrecorded religious wishes may be lost.

Can funeral wishes be included? Yes. Keep them accessible and tell the people who may need to act quickly.

How should debts be stated? Give the creditor, amount, evidence, and contact details; include religious obligations separately.

Sources

Sahih al-Bukhari, Book of Wills — hadiths 2738, 2742
Legifrance — Code civil, Article 970
Notaires de France — Wills
Ibn Qudama, Al-Mughni, vol. 6 — classical jurisprudence on Wassiya and inheritance
Qur’an 4:11, Rwwad translation — see also 4:12 and 4:176