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By MOHAMED JAFFER
Death may come without warning, yet many Muslims postpone drafting a valid Islamic will. Proper planning protects spouses and children, honours Allah’s inheritance laws and prevents grief from becoming a costly legal crisis for them.
“It won’t happen to me.”
Those are perhaps the four most dangerous words we tell ourselves.
Every day we hear of someone who has passed away unexpectedly. A young father. A mother. A successful businessman. A student. Someone who left home in the morning never expecting that it would be their final journey.
Yet, despite knowing that death is inevitable, many of us continue to postpone one of the greatest responsibilities we owe to our families – a properly drafted Islamic will.
As Muslims, we often spend years building wealth, paying off our homes, investing for retirement and providing the very best for our children. Ironically, we sometimes spend more time planning our annual holiday than we do planning what will happen to everything we leave behind.
The reality is that death is not a possibility. It is a certainty.
Allah reminds us: “Every soul shall taste death…” (Sura Ali Imran, 3:185) And again: “No soul knows what it will earn tomorrow, nor does any soul know in what land it will die.” (Sura Luqman, 31:34)
This is precisely why the Prophet Muhammad ﷺ instructed us not to delay.
He said: “It is not permissible for any Muslim who has something to bequeath to stay for two nights (or three nights in another narration) without having his will written and kept ready with him.” (Sahih Bukhari and Sahih Muslim)
Notice that the Prophet Muhammad ﷺ did not say this instruction was only for the elderly or the terminally ill. He addressed every Muslim.
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The Companion Abdullah ibn Umar (RA) understood the seriousness of this instruction. He said that, from the day he heard these words, not a single night passed except that his will was ready.
The question we should all ask ourselves is simple:
If Allah were to call me home tonight, have I fulfilled this Sunnah?
One of the greatest beauties of Islam is that Allah did not leave inheritance to human opinion. In Sura An Nisa, Allah Himself determined who inherits and in what proportions.
No government drafted these rules. No judge formulated them. No family elder negotiated them.
Allah says: “Allah commands you concerning your children…” (Sura An Nisa, 4:11)
He concludes these verses with a powerful reminder: “These are the limits set by Allah.” (Sura An Nisa, 4:13)
How remarkable is our deen that, even after our death, Allah protects our families from human bias, greed and favouritism? Sadly, many Muslims assume that, because the Quran has already determined the shares, there is no need for a will.
Nothing could be further from the truth.
A will is the document that enables your Islamic wishes to be carried out. It records your assets and liabilities, appoints an executor, identifies your heirs, records your burial wishes, deals with outstanding debts and ensures that your estate can be administered properly. Without it, your loved ones are left to search through files, guess your intentions and navigate legal processes while grieving your loss.
The consequences become even more serious in South Africa.
If you die without a valid will, your estate is administered under the Intestate Succession Act, not according to your personal wishes and, depending on the circumstances, not necessarily in accordance with the Islamic law of succession. Families often assume that “everyone knows what I wanted”. Unfortunately, the law cannot administer assumptions.
Instead, delays arise. The appointment of an executor may take longer. Disputes emerge. Costs increase. Relationships that took decades to build can be destroyed in a matter of months.
Perhaps the greatest victims are our children.
Many parents proudly tell us: “I’ve already appointed a guardian.” That is only half the solution.
The more important question is: Have you provided the guardian with the financial means to raise your children?
Who will pay for school fees, university education, medical expenses and provide for their daily needs? Love alone cannot raise a child.
Without proper planning, money inherited by minor children may, in certain circumstances, be paid into the Guardians Fund administered by the Master of the High Court. Although the Fund serves an important protective purpose, families may experience delays and administrative procedures when applying for money for school fees, maintenance or medical expenses.
Imagine a widow who has just buried her husband. She now has to comfort grieving children, adjust to life without her spouse and, at the same time, navigate legal procedures to access money intended for those very children.
No husband. No wife. No parent would knowingly choose that for their family.
This is why a professionally drafted Islamic will should often be accompanied by appropriate estate planning, including a properly structured testamentary trust where suitable. Such planning can ensure that trustees manage assets responsibly for the benefit of minor children, making funds available for education, maintenance and future needs without exposing families to unnecessary complications.
Unfortunately, many Muslims rely on inexpensive “DIY” or internet wills. These documents may appear convenient, but they seldom deal with the complexities of modern family life. They often fail to address debts owed to a spouse, the appointment of suitable executors and trustees, testamentary trusts for minor children, protection of inheritances from matrimonial property claims where legally permissible, or compliance with both South African law and Islamic principles.
The cheapest will can easily become the most expensive mistake your family ever inherits.
As Muslims, we strive to leave behind sadaqah jariyah, beneficial knowledge and righteous children who make dua for us. We should also strive to leave behind order instead of confusion, clarity instead of uncertainty and peace instead of conflict.
A will is not simply about distributing wealth. It is about protecting your spouse, safeguarding your children, preserving family unity and fulfilling the rights of those you leave behind.
And above all, it is about meeting Allah knowing that you took seriously one of the responsibilities entrusted to you.
Don’t leave your family carrying your janazah and the burden of unnecessary legal disputes. Leave them with your dua, your legacy and the comfort of knowing that, even after your departure, you planned for their dignity, their security and their future.
Because a will is not a document for the dying. It is a responsibility for every Muslim who is living.
Mohamed Jaffer is the founder and principal financial planner at Mojaff Financial Services and Mojaff Legacy. He is currently completing an Advanced Diploma in Estates and Trust Administration. For an assessment and guidance, call his office at 021 638 7786 or email mjaffer@mojaff.co.za.
