Waṣiyyah (Bequest) in Islamic Law

After funeral expenses and debts have been settled, Islamic law permits a deceased person to make a Waṣiyyah (bequest) from the remaining estate, subject to specific conditions and limitations.

Principles Governing Waṣiyyah

Waṣiyyah is a voluntary bequest. It is a discretionary gift made by the deceased, effective only after death, and is not obligatory.
The maximum limit is one-third of the estate. A Waṣiyyah may not exceed one-third (1/3) of the net estate after funeral expenses and debts have been paid.
A Waṣiyyah cannot be made in favor of a legal heir. Bequests to heirs who are already entitled to fixed shares under Islamic law are invalid unless all other heirs consent after the death of the testator.
Consent of heirs. If a Waṣiyyah exceeds one-third of the estate or benefits a legal heir, it is only valid if all adult heirs willingly approve it after the death of the deceased.
Purpose of Waṣiyyah. A Waṣiyyah is commonly used to benefit non-heirs, such as distant relatives, adopted children, charitable causes, or religious institutions.
Waṣiyyah precedes inheritance distribution. The bequest must be executed before the remaining estate is distributed among the legal heirs.