Will drafting—Islamic Wills (Shia)
Will drafting—Islamic Wills (Shia)

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Will drafting—Islamic Wills (Shia)
  • Shia principles
  • Drafting the Will

Every Muslim should deal with the distribution of their estate according to the principles of inheritance set by Islamic law. Dealing with all the Muslims sects would be a mammoth task as the principles relating to such issues of inheritance may vary substantially between those sects. Consequently, it is only possible to give very general guidance.

Shia principles

Generally, it is necessary for a member of this sect to follow the wisdom of an A'alam Mujtahid, who will be a skilled jurist but it is possible that one of these eminent experts will interpret the principles relating to inheritance in an entirely different way to one of his equally eminent colleagues. With that in mind, it is difficult to have a consistent approach but for the purposes of the following the rulings on Shia principles by His Eminence the Grand-Ayatollah As-Sayid Ali-Husseini As-Sistani will be used.

There are a number of important issues that will have to be considered in drafting a Will and in dealing with succession.

Burial

Disposal of the body is of prime importance and it is paramount that burial is conducted in accordance with the full rites of the religion. In general, a post mortem is not permitted and from this it follows that a body must not be used for medical research or therapeutic purposes. However,