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Is a will obligatory if the deceased resided in a non-Islamic country, knowing that the laws of this country permit wills?

1 min readAlso available in العربية

The rulings concerning a will (wasiyya) vary according to its type:

A will that stipulates the fulfillment of obligatory rights, such as repaying debts and returning trusts, is obligatory.

As for a will that allocates a portion of wealth for the purpose of seeking proximity to Allah and increasing reward, it is recommendable (mustahabb) and not obligatory, by the consensus of the majority of scholars.

A will made by a Muslim to a non-Muslim, or vice versa, is permissible and there is no harm in it.

If a Muslim residing in a country that does not govern by Sharia fears that their estate will be distributed according to the laws of that country, then it is obligatory upon them to make a will stipulating the distribution of their estate according to Sharia, because that which is necessary to fulfill an obligation is itself obligatory.

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

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