( The translation of the Arabic Will )
This is what I want to be done:______________________:
To bear witness that there is no God but ALLAH and that Mohammad is His slave and messenger, and the truthfulness of the day of reckoning, and that ALLAH Resurrects those who are in the graves.
I want from the readers of this Will and from those whom I left behind from my kinfolks and my friends to fear ALLAH (SWT) and not to be enticed by the lowest life (the present life), and if they commit wrong doings, repent and hope for the forgiveness of ALLAH (SWT), and to be kind among themselves. In case of my death, the following is my Will:
· Have some of the good worshippers be present while I am dying to remind me to put my trust in my Lord and to hope for His mercy and to repeat for me the word of oneness [LA ILLAHA ILLA ALLAH (SWT)].
· To close my eyes promptly after my spirit has departed from my body and to tie my legs together with a handkerchief and to supplicate with good words on my behalf.
· My cloths should be taken off me and I should be covered with a cover other than what I died into.
· After my death no woman who has her period on nor a person who has not washed and cleaned after having an intercourse should be allowed near me, and no body should kiss me after my death except those who had the right to do so while I was living.
· Yelling, loud crying, slapping ones face, tearing off the pockets of the cloths and the sayings of un-Islamic supplications is absolutely forbidden and I bear no responsibility for these doings.
· Pay off my debts.
· Wrap my body with three white wraps (cloths / Kafan) using the least expensive ones.
· Those of my kinfolks who will go with me to the burial place must direct my body towards Mecca Al Qebla, and I want ___________________________ to perform the washing rites on my body. No body should be present during the washing procedure except those needed.
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· Who will wash my body when he/she comes to my sensitive part (genitals) must wear a piece of cloth on his/her hands so that my genitals could not be touched.
· Whoever will be present with my body must mention ALLAH (SWT) repeatedly and supplicate with good words because the angels second his/her supplication.
· The funeral must be done as soon as possible. Those who attend the funeral must be silent and thinking about the death and beyond.
· I bear no responsibility for any sacrifice (of an animal) to be done in front of the funeral or in front of my Casket.
· Try to increase the rows of the people who attend my funeral when they perform the prayers on my spirit and ask them to supplicate sincerely on my behalf.
· Do not allow any recitation of the Holy Quran from paid professionals.
· There will be no condolences after three days, and do not designate any other days for condolences after the third day such as the seventh day, the fifteens day and the fortieth.
· Kinfolks of the dead person are forbidden from offering food for the people attending the funeral.
· Life has to continue as normal for all my relatives after the third day of my death. Also wearing special cloth ( black and or white ) has to stop after that.
· I want ____________________________________ to put my body in my grave and to direct me towards Mecca Al Qebla, raise my head by putting something underneath it, lay me on my right side, and throw dust on my body three times, in the first saying from it (the earth) We Have Created you, in the second saying in it (the earth) We Return you, and in the third saying and from it (the earth) We Get you out another time. Afterwards he (the person who is putting my body in the grave) says In The Name of ALLAH and on the religion of The Messenger of ALLAH (pbuh), then the attendees should supplicate on my behalf for my sins to be forgiven and to be steadfast when the angels question me in my grave.
· After burying me stay at the site of my grave for sometime ( about an hour ), to feel your company and being at peace with your presence until getting myself ready to face my Lords angels.
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· All what I own must be divided according to the rules of ALLAH (SWT), and give about one third of it to the poor and the misfortunate.
· I give my books to _______________________________________to be a continuing beneficial source and give my cloths to the poor and the misfortunate.
· I ask my posterity to fear ALLAH (SWT) and not to be enticed by the luster of this life and to repeatedly ask ALLAH (SWT) to Bestow His mercy upon me, and I ask ALLAH (SWT) to Guide them to the right path.
· This is a proxy for who is in charge of the Islamic rules implementation in the region and overall I deem myself irresponsible in front of ALLAH (SWT) of any act that violates His rules.
· Whoever will not act properly in implementing this Will or make any changes in it or violates the rules of ALLAH (SWT) in any part of it, will be committing wrong doing and he will be answering to ALLAH (SWT).
Date of the will:_________________________
First Witness:___________________________ Signature:____________________
Second Witness:_________________________ Signature:____________________
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In the Name of Allah, The Most Gracious, The Most Merciful
Islamic Last Will and Testament
OF ____________________________________________ SS# ____________________________ DATE __________________________
RESIDING AT ___________________________________________________________________________________________________
COUNTY __________________ STATE ___________ COUNTRY _______________________ TELEPHONE _____________________
ARTICLE I: PREAMBLE
The Prophet Muhammad (Pbuh) ordered Muslims to have their Last Will and Testament drawn up: Abdallah bin Umar narrated that the Messenger of Allah (Pbuh) said, "It is not permissible for any Muslim who has something to Will to stay for two nights without having his Will and Testament written and kept ready with him" (Sahih Al-Bukhari).
While being in full mental capacity and good health, I, ____________________________________________________ , a Muslim, do hereby declare, request, and certify this, my Last Will and Testament. I also do hereby declare that this document revokes any and all former Wills and codicils that I have made previously.
All praise to Allah (SWT), The Creator of the heavens and the earth and all within. I believe in Him and I put my trust entirely in Him.I beg for His Help and His Forgiveness. I seek refuge in Allah (SWT) from the Shaitan and the evils of the world and the evils of my deeds. I ask Him to Guide me; whom Allah (SWT) Guides there is no one can mislead him, and whom Allah (SWT) leaves to stray, there is none to guide him. I testify that I believe that The Hour ( hereafter ) will come for certain, and that Allah will resurrect all those who are in the graves. I testify that there is no deity except Allah, He is One and has no partners, and I testify that Muhammed is Allahs servant and last Messenger (Peace and Blessings of Allah be on him).
I request of all of my immediate relatives and closest friends, and any others involved in the proceedures surrounding my death and burial, whether they be Muslims or non-Muslims, to honor my human and Constitutional right and choice to be a Muslim. I ask them to also honor the spirit as well as letter of this document and to not obstruct or change it in any way. Let them see to it that I am buried as a Muslim, and my property divided and disperse as I ordered , according to the Sunni Muslim Islamic Law ( Shariah ). Under no circumstances, does anyone have the authority to change the contents of this Will.
I request of all of my immediate relatives and closest friends, for the sake of Allah and out of fear of Him, to settle their disputes and correct their relationships among themselves according to the following orders of Allah in The Quran: "So fear Allah and keep straight the relations between yourselves and obey Allah and His Messenger if you are indeed believers" (Surah al-Anfal, 8:1).
I request of all of my immediate relatives and closest friends to do what the prophets Ibrahim and Yacob (Peace be upon them) directed their sons: "O my sons, Allah has chosen for you the religion [of Islam], so do not die except as Muslims [in submission to Allah]" (Surat-ul-Baqarah, 2:132).
I request of all of my immediate relatives and closest friends, when I am on the brink of death, that they insist that I say the Shahadah: "La ilaha ill-Allah, Muhammadun Rasulullah (Salla-Lahu alaihi wa Salam)." This is in observance of the Prophets (Pbuh) saying : "Anyone whose last words were La ilaha ill-Allah will enter Paradise". ( Ahmad, Abu Dawud, and al-Hakim - Sahih).
I insist that no one wail, slap their cheeks, or rent their clothes because of my death, as the Prophet (pbuh) has prohibited these acts. After you have buried me, the first thing you must do is to clear me of my debts (if there are any), as the believers soul is held back by his liabilities.
ARTICLE II : MY IMMEDIATE FAMILY
A. I am married to ________________________________, _________________________________
B. And all references in this Will to my husband/wife (s) are references to this person.
C. I am the father/mother of the following children whose names and dates of birth are:
1. ___________________________________________ M / F Date of Birth ____________________________
2. ___________________________________________ M / F Date of Birth ____________________________
3. ___________________________________________ M / F Date of Birth ____________________________
4. ___________________________________________ M / F Date of Birth ____________________________
5. ___________________________________________ M / F Date of Birth ____________________________
6. ___________________________________________ M / F Date of Birth ____________________________
7. ___________________________________________ M / F Date of Birth ____________________________
ARTICLE III : EXECUTOR AND BENEFICIARY
A. I hereby entrust all my estate: cash, bank accounts, real property, shares in any business, and any other property not mentioned in this Will, to the person named below, who shall act as my executor to serve without bond, to distribute it according to Shariah. I ordain that the executor of this Will be a Muslim.
1. My husband/wife __________________________________, or, if he/she fails to survive me by 45 days,
2. ______________________________________________________ , or, if fails to survive me by 45 days,
3. ______________________________________________________, or, if fails to survive me by 45 days,
4. ______________________________________________________, or, if fails to survive me by 45 days,
B. The Imam of the local Sunni Muslim community.
C. I direct that the executor take all actions legally permissible to have the probate of my estate done as simply and as expeditiently as possible.
D. I give my executor power to sell any property, real, personal or mixed, in which I have interest, without a court order and without bond.
E. I give my executor power to settle any claim for or against my estate.
ARTICLE IV: BURIAL ARRANGEMENTS
1. I ordain that my body be prepared for burial in keeping with the Sunni Muslim Law (Shariah),
2. Under no circumstances shall my body be voluntarily turned over for an autopsy, or embalming ,or organ donation.
3. My body must be prepared for burial according to the Shariah
4. Once the body is prepared for burial there is to be no viewing of my remains.
5. Absolutely no non-Islamic religious service or observance shall be conducted upon my death, or on my body, or at the grave site. No pictures, stars and crescents, decorations, flags, flowers, plants, signs, symbols, or music be involved at any stage of my burial.
6. My body may not be transported over any unreasonable distance from the locality of my death unless necessitated by the circumstances or consensus of my Muslim family members.
7. My grave must be dug in complete accordance with the Shariah practice. It should face in the direction of the Qiblah (Kaaba in Makkah, Saudi Arabia).
8. My body must be buried without casket or any other encasement that separates the shroud from the surrounding soil.
9. My grave must be covered with dirt only. The marking, if necessary, should be a simple rock. There should be no inscriptions or symbols on it .
10. My burial must take place as soon as possible, preferable before sunset on the day of my death or the following day. Under no circumstances should the burial be unduly delayed.
11. In the event that the local laws require casket-encasement, I command that such encasement be of the simplest, most modest, and least expensive type possible, and I furthermore command that the encasement be left open during burial and filled with dirt unless prohibited by law.
12. No one is permitted to cry out, moan or wail. I demand that such a person leave the burial site. Only what comes from the eye is acceptable (tears). Muslims should say a duaa (supplication) for me and that there be a moment of silence when they pray that my grave is made spacious and comfortable.
ARTICLE V: CUSTODY OF MINOR CHILDREN AND GUARDIAN
If , at my death, any of my children are minors,
I recommend that my husband/wife ________________________________________________________ be appointed guardian of my minor children, provided he/she is a Muslim. If he/she is unable or unwilling to serve as personal guardian,
I recommend that ________________________________________________________ be appointed guardian of my minor children. If he/she is unable or unwilling to serve as personal guardian,
I recommend that ________________________________________________________ be appointed guardian of my minor children. If he/she is unable or unwilling to serve as personal guardian,
I recommend that __________________________________________________________ be appointed guardian of my minor children. In all cases, I urge that all my minor children be raised to be practicing Sunni Muslims and not in any way be indoctrinated into any other faith, religion, or sect of Islam. I direct that no bond be required of any personal guardian. Any property or other inheritance that this Will gives to any of my minor children shall be administered by their guardian in their best interest.
ARTICLE VI: DEBTS AND EXPENSES
I direct my executor: _______________________________________________________
A. I direct to return to the rightful owners all trust and property that are in my care at the time of my death.
B. To first apply the assets of my estate to the payment of all my legal debts, including such expenses incurred by my last illness and burial as well as the expenses of the administration of my estate.
C. To pay any outstanding "obligation due to Allah (SWT)" (huquq Allah) which are binding on me including unpaid zakat, kaffaraat of unperformed pilgrimage (Hajj), etc.
ARTICLE VII: BEQUESTS
I direct my executor __________________________________________________________________ to: Pay the following amount from the remainder of my estate after paying all the expenses mentioned above, to the person/s or organization/s named below. The total must not exceed 33 percent (one third) of the remainder of my estate.
1. ______________________________________________________ ...... % of the total remainder
2. _____________________________________________________ .. ... % of the total remainder
3. ____________________________________________________ . % of the total remainder
4. _______________________________________________________. .. % of the total remainder
5. ______________________________________________________ ... % of the total remainder
TOTAL BEQUESTS (must not be more than 33%) ..... % of the total remainder
ARTICLE VIII: DISTRIBUTION OF THE REMAINDER OF MY ESTATE
1. Distribute the residue and remainder of my estate strictly in accordance with the tenets of Sunni Muslim law of inheritance.
2. Ensure that no part of the remainder of my estate shall be inherited by any non-Muslim, no matter how he/she is related to me.
3. Ensure that, should I die as a result of murder, no part of the remainder of my estate shall be inherited by my adjured murderer responsible for direct unlawful killing (actionable homicide), no matter how he/she is related to me.
4. Ensure that no part of the remainder of my estate shall be inherited by a person whose claimed relationship to me, ascending or descending, is the result of a non-Islamic or unlawful marriage, or through adoption, except if this relationship to me is through his/her mother who is biologically (through blood) related to me or if he/she is specifically mentioned in bequests above.
5. Regarding a fetus conceived before my death, whose relationship to me qualifies it to be an heir according to this article, if it is born alive within the limit of time specified by Shariah. The executor may delay the distribution of the residue and remainder of my estate after the execution of Articles I to VII, until the birth of the fetus. If he/she chooses to distribute the estate prior to the birth of the fetus then he must withhold a portion of the estate equal to the share of the fetus for distribution until after the birth of the fetus.
6. In case of any difficulty in distributing my estate according to this Will, the matter should be referred to a Muslim knowledgeable in Islamic Inheritance Law for advice and guidance.
7. The residue and remainder of my estate after the execution of Articles I to VII and Article VIII sections 1 to 6 above be donated to the following person/s or organization/s for the establishment of Islamic communities and Masajid.
8. Any portion of my estate disclaimed or refused to be received by any of the legatees names or referred to in this document be donated to the following person/s or organization/s for the establishment of Islamic communities and Masajid.
ARTICLE IX: SEPARABILITY
I direct that no part of this Will be invalidated by a court unless competent in Shariah. If any part of this will is determined invalid by a court the other parts shall remain valid and enforceable.
I insist that no one practice innovations regarding the three-day condolence period after my death, such as bringing in someone to recite excerpts from the Quran or to preparing food for guests. If you do any such innovations, I am free from that guilt and deviation, having herein charged you against it.
I declare that I forgive everyone who has backbitten me or erroneously taken anything from me. I beg of all those who knew me that they please forgive me for whatever I may have erroneously taken from them or said against them.
I request that if you differ in anything among yourselves you refer the decision to Allah and His Messenger (pbuh), for Allah (Subhanu wa Taala) said: "And know, by your Lord, they will not believe until they make you, [O Muhammad], judge in what they dispute among themselves and then find no discomfort from what you have judged and submit in full, [willing] submission" (Surah an-Nisa 4: 65).
My final bequest for my family and children is the same one that the Messenger of Allah (pbuh) enjoined upon his followers: "The prayer, the prayer". I advise and implore my family to have patience and accept Allahs will. (Surah al-Baqarah 2:156)
This concludes my Last Will and Testament. I am now free, in front of Allah (Subhanahu wa Taala), from any words or deeds that distort and contradict this document according to the guidance of Allahs Messenger (Pbuh), as forewarned by the Quranic verse: "Then, whoever alters it [i.e. the bequest] after he has heard it - the sin is only upon those who alter it." (Surah al-Baqarah 2:181).
"Glory be to our Lord, The Lord of Honor and Might, [who is free] from what they ascribe to Him. Peace be upon the Messengers, and all praise to Allah, Lord of the worlds" (Surah a-Saffat37: 180-182)
I subscribe my name to this Will this day ____________________________ at ______________________ and do hereby declare that I sign and execute this instrument as my list Will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am of the age of majority or otherwise legally empowered to make a Will, under no constraint or undue influence.
___________________________ __________________________ __________________________________________ Name Signature Address
On this day, _______________________________ date of _________________ , the undersigned declared to us that this instrument was his/her Will and requested us to act as witnesses to it. He/She thereupon signed this Will in our presence, all of us being present at the same time. We now, at his/her request, in his/her presence, and in the presence of each other, subscribe our names as witness and declare that we understand this to be his/her Last Will, and that, to the best of our knowledge the testator is of the age of majority, or is otherwise legally empowered to make a Will, and under no constraint or undue influence.
_________________________________ _______________________________ ____________________ _________ Name Signature Date Time
______________________________ _______________________________ _____________________ __________ Name Signature Date Time
Subscribed and sworn to before me this __________________ day of _________________, _________
Name Signature My Commission Expires
HEALTH CARE PROXY AND LIVING WILL
If the time comes when I am incapacitated and can no longer actively take part in decisions for my own life and am unable to direct my physician as to my own medical care, I wish this statement to stand as a testament of my wishes.
I, ___________________________________________ residing at ________________________________
Hereby appoint the following individual as my health care agent.
Name: ________________________________________ Phone No:_______________________________
This health care proxy shall take effect if and when I become unable to make my own health care decisions. In respect of each decision made for me by my agent, it is my wish and direction that my agent be guided solely by Islamic Shariah as to what my own decision would have been in the same circumstances. Without limiting the unrestricted scope of my agents authority hereunder, I expressly authorize my agent to direct that no treatment be conducted or withheld from me if to do so is against the teachings of Islam, to the best of understanding of my agent. I direct that medication be judiciously administered to me to alleviate pain. I do not intend any direct taking of my life. I also direct that "life support systems" may be used in a judicious manner and its use discontinued, just like any other medicine, if it becomes reasonably apparent that it has no curative value. The "life support systems" include but are not limited to artificial respiration, cardiopulmonary resuscitation, artificial means of providing nutrition and hydration, and any pharmaceutical drugs. I direct that my family, all physicians, hospitals and other health care providers and any court or judge honor the decision of my agent/alternate agent. This request is made, after careful reflection, while I am of sound mind.
Name :_______________________________________ Signature : _______________________________
Dated: __________________ Time: _________________ Place: ________________________________
___________________________ _____________________________ _____________________ _________ Name Signature Date Time
__________________________ ___________________________ _____________________ ___________ Name Signature Date Time
Distribution of Inheritance According to the Al-Quran
Allah says in the Quran in Sura (verse) An-Nisaa:7-14
7. There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share.
8. And when the relatives and the orphans and AlMasâkin (the poor) are present at the time of division, give them out of the property, and speak to them words of kindness and justice.
9. And let those (executors and guardians) have the same fear in their minds as they would have for their own, if they had left weak offspring behind. So let them fear Allâh and speak right words.
10. Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire!
11. Allâh commands you as regards your childrens (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All Knower, All Wise.
12. In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All Knowing, Most Forbearing.
13. These are the limits (set by) Allah (or ordainments as regards laws of inheritance), and whosoever obeys Allah and His Messenger (Muhammad SAW) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.
14. And whosoever disobeys Allah and His Messenger (Muhammad SAW), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.
In Case of Emergency Contact: (Include Masjids and all phone# s )
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THE NET VALUE OF YOUR ESTATE
I. ASSETS (Add up what you own and where located) Amount
A. Personal Property:
1. Cash ____________ Located: ___________________________________________________________
Cash _____________ Located: ___________________________________________________________
2. Savings :__________________________________ Bank ____________________________________
Savings : ___________________________________ Bank ____________________________________
3. Other : ___________________________________ Bank ____________________________________
5. Other _______________________________________________________________________________
6. Other _______________________________________________________________________________
7. Other _______________________________________________________________________________
8. Money Owed to _________________________________$___________(________________________)
9. Money Owed to ________________________________$___________(________________________)
10. Money Owed to ________________________________$___________(________________________)
11. Money Owed to ________________________________$___________(________________________)
12. Interest in Profit Sharing, Stock, Partnership, etc.____________________________________________
13. Automobiles, Boats, etc._______________________________________________________________
14. Household Goods_____________________________________________________________________
15. Jewelry & Clothing ___________________________________________________________________
B. Real Estate (describe for each property you own)
Total Value of all the above assets: _______________________________
II. LABILITIES (add what you owe)
B. Personal debts: (loans, car, etc.)_________________________________________________________
C. Other :_____________________________________________________________________________
This document, comprising _______ pages, is made in ________ copies. The original is with me, 1 copy is
deposited with __________________________________________________________
and 1 copy is with _______________________________________________________
This Will was copied from The Islamic Bulletin of San Francisco,
http://www.islamicbulletin.com, E-Mail: email@example.com