Islamic Will (Wasiyyah): Faraid, South African Law & How to Create One
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South African law gives you freedom of testation, which means faraid inheritance shares apply to your estate only if your will directs them. Die without a valid Shariah-compliant will and the Intestate Succession Act distributes your estate on a formula that does not match the Quranic shares. This guide covers the faraid shares, what a valid will requires under the Wills Act, and how estates are wound up in practice.
Quick Answer
In South Africa, faraid (Quranic inheritance shares) applies to a Muslim's estate only through a valid Shariah-compliant will, because the law gives freedom of testation and intestate estates follow the Intestate Succession Act instead. A wasiyyah directs distribution per faraid, may allocate up to one-third of the net estate to charity or non-heirs, records guardianship wishes, and appoints an executor. A valid will needs the testator's signature on every page before two competent witnesses.
Key Takeaways
- Faraid does not apply by default in South Africa; your will must direct it
- Dying intestate triggers the Intestate Succession Act, which does not match faraid
- Bequests are Islamically limited to one-third of the net estate, for charity or non-heirs
- A valid will is signed on every page before two competent witnesses who are not beneficiaries
- Estates are wound up through the Master of the High Court via an appointed executor
- Islamic will services like Tazkiya, the MJC, and Legacy Fiduciary Services specialise in Shariah-compliant drafting
Faraid Inheritance Shares
These are the primary Quranic shares (from Surah An-Nisa 4:11-12). Actual distribution depends on which heirs survive the deceased. When multiple categories are present, the calculation becomes complex; Islamic bodies such as the Muslim Judicial Council issue faraid certificates that work from the full rules rather than summaries.
| Heir | Condition | Share |
|---|---|---|
| Husband | Wife has no children | 1/2 |
| Husband | Wife has children | 1/4 |
| Wife | Husband has no children | 1/4 |
| Wife | Husband has children | 1/8 |
| Son | With other heirs | Residuary (asaba) |
| Daughter | No son, one daughter | 1/2 |
| Daughter | No son, two+ daughters | 2/3 (shared) |
| Father | Deceased has children | 1/6 |
| Mother | Deceased has children | 1/6 |
| Mother | No children, no 2+ siblings | 1/3 |
How to Create an Islamic Will
Inventory your assets
List property, bank accounts, shares and funds, retirement savings, business interests, vehicles, gold, and debts owed to and by you. Most inheritance disputes are disputes about what existed.
Identify your faraid heirs
Faraid-eligible heirs are your spouse, children, parents, and in some cases siblings. In South Africa their shares apply only if your will says so, which is why a Shariah-compliant will matters.
Direct the estate per faraid and decide your one-third wasiyyah
Instruct that the estate be distributed according to the Islamic law of succession, often by referencing a faraid certificate from a recognised Islamic body. You may separately direct up to one-third of the net estate to charity or non-heirs.
Record guardianship and appoint an executor
Nominate a guardian for minor children and an executor to wind up the estate. Choose an executor who understands both South African estate administration and your Islamic distribution wishes.
Execute the will properly
Under the Wills Act, sign every page in the presence of two competent witnesses (14 or older) who sign at the end. Witnesses should not be beneficiaries, or they risk losing their benefit.
Review it and keep it findable
Have a fiduciary specialist or Islamic will service confirm the drafting, then tell your family where the will and asset documents are kept. Review after marriages, births, deaths, and major purchases.
Learn More About Inheritance in South Africa
Our estate planning hub covers faraid in depth, estate administration, hiba (lifetime gifts), and how to compare Islamic will services.
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Reviewed by: HalalWallet Editorial Team
Last reviewed: 2026-08-03
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