Wasiyyah: Your Guide to the Islamic Charitable Bequest

What Is a Wasiyyah?

A wasiyyah (Arabic: وصية) is a charitable bequest — a portion of your estate that you designate for specific people or causes before the faraid (inheritance) calculation takes place. It is deducted from the total estate first, and then the remaining amount is distributed among heirs according to Islamic inheritance law.

Think of it as your opportunity to support causes, institutions, or individuals who would not otherwise inherit from your estate under faraid rules.

The One-Third Rule

The maximum wasiyyah is one-third (33.33%) of the total estate. This limit comes from the hadith of Sa'd ibn Abi Waqqas, who asked the Prophet (peace be upon him) if he could bequeath all his wealth. The Prophet replied:

“One-third, and one-third is a lot. It is better for you to leave your heirs rich than to leave them poor, begging from others.”

This means you cannot disinherit your heirs or redirect more than one-third of your estate away from the faraid distribution. The remaining two-thirds (at minimum) must be distributed according to Quranic inheritance shares.

Who Can Receive a Wasiyyah?

A wasiyyah can go to:

• Charitable organizations — mosques, Islamic schools, humanitarian organizations
• Non-heirs — friends, distant relatives who don't inherit under faraid, neighbors in need
• Non-Muslim relatives — who are excluded from faraid inheritance
• Endowments (waqf) — creating or contributing to a charitable endowment

Important: A wasiyyah generally cannot go to someone who already receives a share through faraid, unless the other heirs unanimously consent. This prevents using the wasiyyah to circumvent Quranic shares.

How Wasiyyah Affects Your Distribution

The wasiyyah is deducted before faraid calculation. This means it reduces every heir's actual amount proportionally.

Why Wasiyyah Matters for Muslims in the West

For Muslims living in countries where secular estate law applies by default, a wasiyyah serves two critical purposes:

1. Fulfilling your religious obligation — many scholars consider it recommended (mustahabb) or even obligatory for Muslims to have a wasiyyah, especially when living in non-Muslim-majority countries.
2. Supporting causes that matter to you — your local mosque, an Islamic school, a water well project, or helping a non-Muslim relative who wouldn't otherwise inherit.

Without a will that specifies your wasiyyah and faraid distribution, your estate will be distributed according to secular intestacy laws — which do not follow Islamic principles.

Using Mirath to Plan Your Wasiyyah

Mirath's faraid calculator lets you set a wasiyyah percentage (0–33.33%) and see exactly how it affects each heir's share. This helps you make an informed decision about how much to allocate before consulting with your scholar and attorney.