Is a will obligatory if the deceased resided in a non-Islamic country, knowing that the laws of this country permit wills?
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 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 · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/141335
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 141335
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy