Islamic Wills & Estates – Jamiatul Ulama South Africa

Why It Matters

Why You Need an Islamic Will

Distributing your estate without a valid Islamic will can cause hardship, family disputes and Shariah non-compliance.

Quranic Obligation

Allah ﷻ explicitly outlines inheritance shares in Surah An-Nisa. Following these rulings is a Fardh (obligatory) act.

Protect Your Family

Prevent family disputes after your passing by clearly documenting your wishes and ensuring fairness among all heirs.

Civil & Islamic Compliance

Our service ensures your Islamic will is also legally recognised under South African civil law, preventing complications.

Honour Your Debts & Wishes

Ensure outstanding debts, Zakaat, Qadha Salaah kaffarah and charitable bequests are fulfilled after your passing.

Our Services

What We Offer

Will Drafting

Our qualified Ulama and legal advisors work together to draft a comprehensive Islamic will that is Shariah-compliant and legally valid under South African law.

Estate Administration

We assist executors and family members with the administration of deceased estates, ensuring assets are distributed correctly and efficiently.

Inheritance Calculation

Complex inheritance calculations involving multiple heirs, different asset classes, and specific Shariah rules are handled by our expert Ulama.

Our Approach

The Process

1

Consultation

Initial meeting to understand your assets, family structure, debts and wishes. No obligation or fee for the first session.

2

Documentation

We prepare a full inventory of assets and liabilities and begin drafting the Shariah-compliant will.

3

Review & Signing

You review the draft, we address any questions, and the will is signed in the presence of witnesses as required by law.

4

Safekeeping

Certified copies are stored securely. Your family can contact us after your passing for estate administration.

Book Now

Book a Consultation

Common Questions

Frequently Asked Questions

Is an Islamic will the same as a civil will?

No. An Islamic will (wasiyyah) distributes your estate according to the Quranic rules of inheritance (miraath/faraid). A civil will distributes as you instruct. Our service drafts a document that satisfies both – it is Shariah-compliant AND legally valid under the South African Wills Act.

Can I leave everything to my wife or eldest son?

Under Shariah, you cannot override the fixed inheritance shares (faraid) for heirs. However, you may bequeath up to one-third of your estate to non-heirs or charitable causes via wasiyyah. Our Ulama can explain your options in detail.

What happens if I die without a will in South Africa?

Your estate would be distributed under the South African Intestate Succession Act – which differs significantly from Islamic inheritance law. This often means the wrong heirs receive the wrong amounts, and Islamic obligations like unpaid zakaat or kaffara may be overlooked.

How much does it cost to draft an Islamic will with JUSA?

We offer this service at a nominal administrative fee to cover costs. No one will be turned away due to inability to pay. Please contact us to discuss your specific situation.

I already have a civil will. Do I still need to see JUSA?

Quite possibly, yes. Many civil wills do not comply with Shariah inheritance rules. We can review your existing will and advise on any amendments needed to ensure Shariah compliance.

Wills & Estates Department

+27 11 373 8000

wills@jamiatsa.org

Monday – Friday, 08:00 – 16:30