Short answer
It depends. A will is wajib (required) in the Hanafi school when you owe debts, hold trusts, or have unpaid duties such as zakat or fidya that would be lost without it. Otherwise it is recommended. In non-Muslim countries, many Hanafi muftis say a legal Islamic will is effectively necessary so the estate is divided by the sharia.
Wasiyyah is mustahabb in general and wajib when rights of Allah or of people would otherwise be lost. The command in 2:180 to bequeath to parents and relatives was abrogated for heirs by the verses of inheritance.
The four schools agree on this.
Explanation
A will (wasiyyah) has two jobs in Islam. It records what you owe and what you are owed, so nothing is lost. And it lets you leave up to one third of your estate to people and causes that do not inherit from you. It cannot change the shares Allah set for your heirs; see how much you can leave in a will. The four schools agree on these principles.
The Prophet ﷺ said it is not right for a Muslim who has something to bequeath to spend two nights without his will written down with him.
- You owe money, or are owed money that others do not know about.
- You hold something in trust for someone, or own property jointly in an informal way.
- You have unpaid zakat, missed prayers or fasts for which fidya must be paid, or an unfulfilled vow or Hajj.
- Without a will, your local law would divide your estate against the sharia. In the US, UK, Canada and elsewhere, intestacy rules can give a spouse or others shares that differ from the Quran and leave out heirs Allah named.
- A will can also leave up to a third to non-heirs and charity.
- It can name a guardian for young children.
- It can ask for a Muslim burial and no cremation; see cremation.
Write it while you are healthy, have it witnessed as your local law requires, and tell your family where it is. The Islamic will builder helps you draft one. Every family is different, so have a mufti and a lawyer review it.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah Al-Baqara 2:180
كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ ٱلْمَوْتُ إِن تَرَكَ خَيْرًا ٱلْوَصِيَّةُ لِلْوَٰلِدَيْنِ وَٱلْأَقْرَبِينَ بِٱلْمَعْرُوفِ ۖ حَقًّا عَلَى ٱلْمُتَّقِينَ ﴿١٨٠﴾
Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable - a duty upon the righteous.
The bequest is rooted in the Quran; Hanafis hold its duty toward heirs was replaced by the fixed shares.
Quran, Surah Al-Baqara 2:181
فَمَنۢ بَدَّلَهُۥ بَعْدَمَا سَمِعَهُۥ فَإِنَّمَآ إِثْمُهُۥ عَلَى ٱلَّذِينَ يُبَدِّلُونَهُۥٓ ۚ إِنَّ ٱللَّهَ سَمِيعٌ عَلِيمٌۭ ﴿١٨١﴾
Then whoever alters the bequest after he has heard it - the sin is only upon those who have altered it. Indeed, Allah is Hearing and Knowing.
A valid bequest must be carried out faithfully.
Sahih al-Bukhari 2738
Sahih... ما حق امرئ مسلم له شيء يوصي فيه يبيت ليلتين إلا ووصيته مكتوبة عنده ...
"It is not right for a Muslim who has something to bequeath to spend two nights without his will written down with him."
This urges every Muslim with obligations to write a will.
Sunan Abi Dawud 2870
Graded hasan sahih... إن الله قد أعطى كل ذي حق حقه فلا وصية لوارث ...
"Allah has given everyone with a right his right, so there is no bequest for an heir."
A will cannot change the heirs' shares.
Where the ruling is recorded
- al-Hidaya, Kitab al-Wasaya. When a will is recommended and when it is required.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Wasaya. The will as wajib for debts, trusts and duties to Allah.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.