Again this would result in delay and would entail expenses.

Again this would result in delay and would entail expenses. So, although the law (the State as well as Islamic) does not say that making of the Will is a must; but by looking at the consequences of not having a Will, it is necessary – both from legal as well from Islamic aspects, to have one and avoid misuse of ones estate after death.

Every man and woman should make a Will**.** The conditions regarding the capacity of the testator making a Will are dependent upon the laws of the country in which the testator lives, and subject to such requirements, which may have an overriding effect. The One-Third Option After a person dies, there are certain possible relationships between him and his estate.

These are: he has full control over it through a Will he has partial control over it through a Will he has absolutely no control over it Islam has taken the middle position. It says that when a person dies, he still retains the right to decide about up to one-third of his entire estate. But as far as the two-thirds are concerned, the deceased person loses the right to dispose according to his wish. The two-thirds must be divided according to the shares specified by the Shariah.

(Most of these shares have been specified in the Holy Qur'an itself.) This law is part of the overall system, which Islam has introduced for the distribution of wealth in society. The right of disposing the one-third according to your own wish can be exercised only by making a Will. You can do whatever you like with the one-third: give to a family member, a relative, a friend, a charitable cause or organization, etc.

For example, you can use the 1/3 or a part of it to make – if you like – the shares of your wife or your daughter equal to those of your other children. When the Holy Qur'an talks about Wasiyyah, which is normally translated as "Will", it refers to the Will covering mainly the one-third only. For example, it says: 0 you who believe!

It is prescribed upon you that when death approaches one of you – If he leaves behind plenty – then he should make a Will (Wasiyyah) for his parents and near relatives in the one-third. This is a duty upon the pious people. (2:177) Writing more than one-third to a person or a cause means depriving the potential heirs of their rightful share in the estate; and, therefore, it is considered unjust and wrong.