What is a Wasiyyah? The Islamic Bequest Explained for South African Muslims

Most South African Muslims who know about Islamic inheritance are familiar with faraid — the Quranic fixed shares for heirs. Far fewer understand the wasiyyah — the Islamic bequest — which is the discretionary element of your estate that you can direct according to your own wishes. This guide explains the wasiyyah fully: what it is, who can receive it, the limits on it, and how to include it correctly in your South African Islamic will.

What is a Wasiyyah?

A wasiyyah is a bequest — a specific gift of part of your estate to a named recipient, to take effect on your death. It is the Islamic equivalent of a testamentary gift. Unlike faraid (which is fixed by the Quran and cannot be altered), the wasiyyah is at your discretion — within the limits Islam sets. The Quran encourages Muslims to make a wasiyyah: “It is prescribed for you, when death approaches one of you and he leaves wealth, that he make a bequest.” (Al-Baqarah 2:180).

The One-Third Rule

The wasiyyah is limited to a maximum of one-third of your net estate. Your net estate is your total assets minus your debts, funeral expenses, and any other prior claims. The remaining two-thirds (minimum) must be distributed according to faraid. This one-third limit is derived from the hadith of Sa’d ibn Abi Waqqas, in which the Prophet (peace be upon him) told him that one-third was already “much” when he sought to bequest the majority of his estate to charity. You may bequest less than one-third — there is no minimum. You may not bequest more.

Who Can Receive a Wasiyyah?

The wasiyyah can be made to any person or organisation that is NOT already a faraid heir. The classical scholars hold that a wasiyyah to a faraid heir is not valid without the consent of the other heirs at the time of death — the rule is “la wasiyyata li warith” (no bequest to an heir). This means the wasiyyah is specifically useful for:

• Non-Muslim family members — a non-Muslim spouse, child, parent, or sibling who does not inherit under faraid
• Grandchildren whose parent has predeceased you — grandchildren do not inherit under faraid while their uncles or aunts are alive; a wasiyyah can provide for them specifically
• Stepchildren — who have no faraid entitlement
• Islamic charities, mosques, or waqf — the wasiyyah is one of the most important tools for leaving a charitable legacy
• A specific cause or project — funding the education of an orphan, supporting a specific community project, or contributing to Islamic scholarship

Wasiyyah vs Faraid: How They Interact

The order of distribution from your estate is: (1) funeral expenses, (2) debts, (3) the wasiyyah (up to one-third), and (4) faraid distribution of the remaining two-thirds or more. The wasiyyah is paid before the faraid shares are calculated — so if you make a wasiyyah of one-third to an Islamic charity, your heirs share the remaining two-thirds according to faraid. Use our Islamic Inheritance Calculator to model exactly how your distribution would work with and without a wasiyyah.

How to Include a Wasiyyah in Your South African Will

Your wasiyyah must be included in your integrated Islamic will — the same document that implements faraid under South African law. It should specify: the recipient (full name and ID number for an individual, or registered name for an organisation), the amount or percentage (expressed as a fraction of the net estate, not as a fixed Rand amount which may become outdated), and the purpose (for a charitable wasiyyah). It is best practice to also name a substitute beneficiary in case the primary recipient predeceases you or cannot receive the bequest. Read our complete guide on Islamic wills in South Africa and our step-by-step guide on how to make an Islamic will.

Wasiyyah for Grandchildren: The Most Common Use Case

In South Africa, the most common use of the wasiyyah is to provide for grandchildren who would otherwise receive nothing — because their parent (your child) has predeceased you. Under faraid, a grandchild is excluded from inheritance when the deceased’s own children are alive. A wasiyyah of up to one-third specifically directed to these grandchildren is a powerful act of legacy planning. Many Islamic scholars also endorse the concept of “obligatory wasiyyah” (wasiyyah wajibah) specifically for grandchildren in this situation — treat it as a strong recommendation to include it. Read our guide on Islamic inheritance for grandparents and grandchildren.

Make Your Wasiyyah Today

Many South African Muslims who have a general sense of Islamic inheritance law have not thought carefully about their wasiyyah — and miss the opportunity to leave a meaningful charitable legacy or provide for family members who fall outside faraid. Our team at MuslimFin helps South African Muslims structure their complete Islamic estate plan, including a carefully considered wasiyyah. For the foundational understanding, see The Beginner’s Guide to Islamic Finance: South Africa Edition by Mogamat Ali Salie, available on Amazon at amazon.com/dp/B0HFTMK5MF.