How to Make an Islamic Will in South Africa: A Step-by-Step Guide

Every South African Muslim needs a valid Islamic will — yet most do not have one. The most common reason is not reluctance or cost; it is simply not knowing where to start. This step-by-step guide takes you through the entire process of making a valid integrated Islamic will in South Africa, from the first decision to the signed, witnessed document.

Step 1: Understand What an Integrated Islamic Will Must Do

An integrated Islamic will serves two purposes simultaneously: it is a legally valid South African will (meeting all requirements of the Wills Act 7 of 1953) AND it correctly implements Islamic faraid (the Quranic inheritance shares). A standard South African will drafted by a general attorney typically does not implement faraid. Read our guide on the complete guide to Islamic wills to understand what your will must contain.

Step 2: Take a Full Inventory of Your Estate

Before any will can be drafted, you need to know what you own. List everything:

• Fixed property (your home, investment properties) — current market value, outstanding bond or Islamic home finance balance
• Vehicles — current value, outstanding finance
• Bank accounts — balances at your Islamic bank
• Investments — RA, TFSA, unit trusts, ETFs, stocks, sukuk
• Gold and jewellery
• Business interests — shares, partnership interests, sole proprietor assets
• Retirement funds — GEPF, pension, provident, RA (note: these do not form part of your estate)
• Life takaful or insurance — note: paid to nominated beneficiaries, not through estate
• Debts and liabilities — home loan, car finance, personal loans, credit card balances

Your estate for faraid purposes is: assets minus debts minus funeral expenses minus the wasiyyah (up to one-third). The remainder is distributed according to faraid shares. Use our Islamic Inheritance Calculator to model your distribution.

Step 3: Identify Your Faraid Heirs

Your faraid heirs are determined by Islamic inheritance law — not by your personal wishes. List all your surviving relatives in the following categories and how many of each: spouse(s), sons, daughters, father, mother, paternal grandfather, paternal grandmother, brothers, sisters. The faraid calculation depends on exactly which relatives survive you. Calculate your distribution using our Islamic Inheritance Calculator.

Step 4: Decide on Your Wasiyyah

The wasiyyah is the discretionary portion of your estate — up to one-third of your net estate — that you can direct to non-heirs (people who do not receive a faraid share). Common wasiyyah beneficiaries include: a mosque or Islamic charity, grandchildren (who do not inherit while their parent is alive), a non-Muslim family member, a stepchild, or a specific cause you wish to support. Decide the amount (up to one-third) and the recipients. The wasiyyah cannot benefit your faraid heirs.

Step 5: Appoint Your Executor

Your executor is the person who winds up your estate after your death — collecting assets, settling debts, paying estate duty, and distributing the remainder to heirs. Choose an executor who either understands Islamic inheritance law or is willing to engage a Shariah scholar for the faraid calculation. You can appoint a professional executor (an attorney or trust company) with specific instructions to implement faraid, or a trusted family member. Consider appointing a substitute executor in case your first choice is unable to act.

Step 6: Appoint a Guardian for Minor Children

If you have minor children, appoint a Muslim guardian who will raise them according to Islamic values if both parents die. Discuss this with the proposed guardian first — guardianship is a serious responsibility and should not be a surprise. Appoint a substitute guardian as well.

Step 7: Set Up a Testamentary Trust for Minor Children

Minor children cannot legally receive assets directly. Your will should create a testamentary trust that holds the minor children’s inheritance on their behalf until they reach a specified age (typically 18, 21, or 25 — your choice). Appoint trustees and specify the purpose of the trust (education, maintenance, care). Read our guide on trusts and Islamic inheritance.

Step 8: Include Funeral Instructions

Your will should specify your wish for a Muslim burial — the janazah prayer, Islamic rites, your preference for a Muslim burial society, and burial direction. These instructions provide clear guidance to your family at a difficult time.

Step 9: Have the Will Drafted by a Qualified Islamic Estate Planner

This is the critical step. A valid Islamic will must be drafted correctly: it must meet South African Wills Act requirements AND correctly implement faraid for your specific family structure. An incorrectly drafted will that fails on either count is a serious problem. Work with an attorney or Islamic estate planner who specifically understands both South African law and Islamic inheritance. Read our guide on how to choose a Shariah-compliant financial advisor.

Step 10: Sign the Will Correctly

Under the South African Wills Act, your will must be: in writing; signed by you at the end of the will AND on every page; signed in the presence of two competent witnesses who are both present at the same time; and signed by the two witnesses in your presence. The witnesses must not be beneficiaries under the will (or spouses of beneficiaries) — if they are, the bequest to them is voided. Keep the original will in a safe place and tell your executor where it is.

Step 11: Update Your Retirement Fund and Takaful Nominations

Your Islamic will does not govern your retirement fund death benefit or your takaful payout — these go to your nominated beneficiaries. Immediately after making your will, update your nominations with your pension fund administrator and your takaful provider to ensure they are consistent with your estate plan. Read our guide on retirement funds and Islamic inheritance.

Step 12: Review Regularly

Your will is not a once-and-done document. Review it after every major life event: marriage, divorce, birth of a child, death of an heir, significant change in assets. At minimum, review it every three years. Our team at MuslimFin drafts and reviews integrated Islamic wills for South African Muslim families. Book a consultation to start the process today.