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Drawing up non-Shariah Wills

no name given · Jamiatul Ulama KZN – Council of Muslim Theologians (Suedafrika) · 2026-09-15 · Durban · Source

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A Muslim solicitor may not draw up a non-Shariah-compliant will for Muslim clients, as this is considered aiding in sin and contravenes the Quranic prohibition against assistance in sin and transgression.

It is not permissible for a solicitor (legal expert) to prepare a non-Shariah-compliant will for a Muslim client, as this would amount to aiding in sin.

The text is a fatwa from the Jamiatul Ulama KZN that answers a specific question posed by a Muslim solicitor. The question is whether it is permissible for a Muslim lawyer to draw up a will that is not structured in accordance with the Shariah for Muslim clients. The answer denies this on the grounds that it would amount to aiding in sin. As a basis, a hadith of the Prophet is cited, which designates the permissible and the prohibited as clear and warns against doubtful matters in between. In addition, a passage from the Quran (Surah Ma'idah) is referenced, which calls for assistance in sin and transgression. The text recommends turning to the Jamiatul Ulama KZN, which offers free consultation on Islamic wills. It is emphasised that Muslims should engage with estate planning at an early stage. The fatwa is based specifically on Hanafi fiqh.

Worldview

what this means
What, according to this text, is the root of the evil?
Sin, personal failure, guilt before God; Ignorance, illusion, a false view of reality
Where does the evil reside?
in the heart, the will, or the soul of the individual
What helps against it?
keeping the commandments, maintaining order, fulfiling one's duties; insight, learning, enlightenment, right understanding
What is human being according to this text?
willed by God, with a task and a responsibility
Where is history heading?
the message stands outside of history
What does the text base its claim on?
on the founder or prophet of the tradition; on the holy scripture of its own tradition
To whom does the text's call for devotion apply?
to one's own fellow believers
Where is the text's criticism directed?
at one's own community and at oneself

Related texts from other traditions

by similarity of the analysis, one text per tradition

What the text calls for

Passages cited

Sunan Tirmidhi · Koran 5:2

Measured

Basic stance
-1 from -2 to 2
Insistence
2 of 3
Reach
3 of 5
Concreteness
3 of 3
Boundary
1 of 3
Time
past 2, present 2, future 1

Analysed with qwen3.8-27b, version v3. The same standards apply to every tradition, see Values.

Show the full text
Nasihah (Advice): Halaal & Haraam are clear Sayyiduna Numaan Ibn Basheer radiyallahu anhu reported that Rasulullah (sallallahu alayhi wa sallam) said, “The lawful is clear and the unlawful is clear, and between that are matters that are doubtful (not clear); many of the people do not know whether it is lawful or unlawful. So, whoever leaves it to protect his religion and his honour, then he will be safe, and whoever falls into something from them, then he soon will have fallen into the unlawful.” [Sunan Tirmidhi] ______________________________ Question and Answer: As a Muslim solicitor, is it permissible for me to draw up a non-Shariah will for my Muslim clients? It is not permissible for a solicitor (legal professional) to prepare a non-Shariah-compliant will for a Muslim client, as it will amount to assisting in sin. Allah Ta’ala says in the Qur’an: “Do not assist each other in sin and transgression.” (Surah Maaidah) N.B. The Jamiatul Ulama KZN offers a free service to the public to assist Muslims with their Islamic Wills. We can advise you and answer questions relating to your Will, inheritance, and any proposed estate planning, to ensure that your arrangements are valid according to Shariah. We encourage Muslims to attend to these matters during their lifetime and not leave them until it is too late. To arrange an appointment, please contact the Jamiatul Ulama KZN office on 031 207 7099. Islamic Wills are also available to download here . And Allah Ta’ala Knows Best Mufti Muhammed Hamza Farooqui Mufti Taahir Hansa (The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians 223 Alpine Road, Overport Durban, South Africa Tel : +27 (0) 31 2077099 Email: fatwa@jamiat.org.za Fax : +27(0) 31 2074163 Website : www.jamiat.org.za