Writing an Islamic Will Step by Step — 2026 Guide
In brief: A complete Wassiya can be organised in seven steps: faith declaration, executor, debts, funeral wishes, guardianship, bequest, and legal execution. In France, the final holographic will must be entirely handwritten, fully dated, and signed.
Key points to remember
- Record debts and entrusted property accurately before planning any gift.
- The voluntary bequest is capped at one third by hadith, not by a Qur’anic verse.
- Under the majority view, do not add a testamentary gift for an existing heir without the other heirs’ post-death consent.
- French hereditary-reserve rules remain binding and can reduce what is freely disposable.
- Tell a trusted person where the signed original is kept.
Step 1 — Begin with the declaration of faith (Shahada)
Open with the Basmala and write the Shahada: “I bear witness that there is no deity except Allah and that Muhammad is His Messenger.” Then identify yourself by full name, date and place of birth, and address. State that you are acting freely and with sound capacity.
The Prophet ﷺ taught that a Muslim with something to bequeath should not let two nights pass without a written will (Sahih al-Bukhari 2738; Sahih Muslim 1627a for two nights; Muslim 1627d for three nights). The opening makes your religious intention unmistakable.
Step 2 — Appoint an executor (wali al-wassiya)
Choose a trustworthy adult who understands your instructions and can work with the notary and family. Identify a replacement in case the first person cannot act.
What the executor should do:
- Locate the will and notify the family and professionals
- Help identify the estate, debts, and entrusted property
- Support implementation of lawful funeral wishes
- Monitor payment of debts before gifts and distribution
- Ensure that charitable bequests are carried out within the applicable limits
This private nomination does not give the executor powers contrary to French law; formal estate administration remains governed by French rules.
Step 3 — List religious and civil debts
Debts are addressed before testamentary gifts and inheritance distribution. Give creditor names, amounts, documents, and contact details.
Religious obligations to mention:
- Unpaid Zakat
- Fasting days still owed and any related compensation
- An outstanding Hajj obligation if it had become due
- Kaffara and entrusted charitable funds
Civil debts:
- Mortgages, personal loans, and credit balances
- Rent, taxes, invoices, and private loans
- Property borrowed from or held for another person
Do not treat every religious instruction as an automatically enforceable civil debt. Clear records allow the family and advisers to determine the correct treatment.
Step 4 — State Islamic funeral wishes
Points to specify:
- Ghusl performed by suitable trusted Muslims
- Shrouding and Salat al-Janazah
- Burial as soon as practicable under French rules
- Burial in a Muslim cemetery section or repatriation
- Refusal of cremation and unnecessarily lavish expenses
- People or an association to contact immediately
Keep the funeral directions somewhere accessible; a will discovered after burial cannot guide the funeral.
Step 5 — Nominate a guardian for minor children
State:
- The proposed guardian’s full identity and contact details
- A replacement guardian
- Your reasons and wishes for Islamic upbringing, schooling, health, and family relationships
- Whether different trusted people should help with the child and the property
In France, the judge decides guardianship in the child’s best interests. Your reasoned nomination is important evidence but cannot bind the court absolutely.
Step 6 — Write the bequest, up to one third
The Islamic one-third rule:
When Sa‘d ibn Abi Waqqas asked how much he could give away by will, the Prophet ﷺ permitted one third and said that one third was much (Sahih al-Bukhari 2742; Sahih Muslim 1628a). This is a hadith-based rule, not a Qur’anic rule. Calculate it from the net estate after debts and funeral expenses.
Who may benefit?
- A relative who is not an Islamic heir
- A friend, neighbour, or convert’s non-Muslim relative
- A mosque, school, humanitarian organisation, or continuing charity
Who should not receive an additional Wassiya bequest?
According to the majority view, an existing heir should not receive an extra bequest unless the other heirs approve after death: “There is no bequest for an heir” (Sunan Abi Dawud 2870). In France, every gift must also fit within the available portion after the hereditary reserve is protected.
Step 7 — Date, sign, and preserve it
For the French holographic form, copy the whole will in your own handwriting, write the exact day, month, and year, and sign at the end. Avoid blank spaces and identify any corrections clearly. Keep the original safely, inform your executor, and consider notarial deposit and FCDDV registration.
Review the Wassiya after marriage, divorce, a birth, a death, a conversion in the family, a move abroad, or a significant change in assets. A later valid will can revoke the earlier one.
Create your guided Wassiya in about ten minutes.
Frequently asked questions
Can I write a Wassiya online and print it? Yes as a will, but copy it entirely by hand if you want a holographic will under Article 970.
What is the difference between a Wassiya and a civil will? A Wassiya expresses Islamic wishes; French law determines the form and civil effect in France.
What happens if more than one third is bequeathed? The excess requires the heirs’ post-death consent under the majority Islamic view, and French law may reduce it to protect reserved heirs.
How long does it take? About ten minutes for a guided will, plus time to review and handwrite it.
Should I write it myself or consult an imam? You can write it yourself. Consult an imam for difficult religious questions and a French succession professional for difficult legal ones.
Sources
- Legifrance — Code civil, Article 970
- Service-Public — Making a will
- Islamweb — Making a will under Islamic rules
- L.E.S. Musulmans — Islamic will guide
- Muslim wills in France