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How does a married Muslim woman write a legal will, especially concerning the distribution of her assets (savings account, house and real estate investments shared with her husband, and personal belongings) to her heirs (husband, father, brothers and sisters, and nephews and nieces)? And must all assets be distributed in specific shares, or is it permissible to give some of them to whomever she wishes, such as her nieces, and does this conflict with Quranic rulings?

1 min readAlso available in العربية

A gift (hibah) differs from a bequest (wasiyyah). A gift is a donation of wealth during one's lifetime, and justice must be observed among children in its distribution. A bequest, on the other hand, is an instruction for the disposal of property after death, and it is legislated by the Qur'an, Sunnah, and scholarly consensus (ijma'). A bequest is obligatory for rights that lack proof and is recommended for acts of charity, within the limits of one-third of the wealth or less. It is not permissible for an heir, and harming the heirs through it is forbidden. It is permissible to revoke a bequest, and its execution is emphasized in Islamic law. A person does not have the right to distribute their possessions after death, as the shares of heirs are determined by Allah's limits in the Qur'an, and these limits may not be transgressed. As for giving money to the sons and daughters of brothers and sisters during one's lifetime, this is permissible without the obligation of equality. One may also bequeath to them up to one-third of the wealth or less, because they are not heirs.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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