An Islamic Will Under South African Law: Why You Need One

Many Muslim families assume that their estate will automatically be distributed according to Islamic law. In South Africa, it won't. Unless you leave a valid will that says otherwise, the law of the country decides who inherits and in what shares.

What happens without a will

If you die without a will, your estate is divided under the Intestate Succession Act. The courts have extended inheritance rights to spouses in Muslim marriages, but the division still follows civil rules rather than Shariah. For example, children inherit equal shares under intestate law, while Islamic law sets different shares for sons and daughters. The result may not reflect your beliefs or wishes.

How an Islamic will works

South African law allows you to direct that your estate be distributed according to Islamic law, provided your will meets the requirements of the Wills Act. A typical Islamic will provides for funeral costs and debts to be settled first, allows a bequest (wasiyyah) of up to one-third of the estate to people who are not heirs or to charity, and directs that the rest be divided among your heirs according to Islamic law.

Making sure it is legally valid

• The will must be in writing and signed by you, including on every page.

• Two competent witnesses aged 14 or older must sign in your presence and in each other's presence.

• A witness, the person who writes the will, and their spouses should not be beneficiaries, as this can disqualify them from inheriting.

• Keep the original somewhere safe and tell your family and executor where it is.

What your will does not control

Some assets pass outside your will. Death benefits from pension, provident and retirement annuity funds are allocated by the fund's trustees, who consider your dependants and nominees. Life policies with a named beneficiary are usually paid directly to that person. Review your nominations so they sit comfortably with your Islamic will.

Other things to plan for

Name a guardian for minor children. Choose an executor with experience in Islamic estates. Make sure the estate will have enough cash to settle debts, costs and taxes without forcing a quick sale of property. From 1 March 2026, the capital gains tax exclusion on death increased to R440,000, which may reduce the tax bill on some estates. Finally, review your will after any major life event, such as marriage, a birth, a divorce or buying property.

We can help

Sapphire Global can help you plan your estate as a whole, including your retirement nominations, life cover and liquidity, and work alongside your attorney or Islamic will specialist. Get in touch to book an estate planning review.

This article is general information only and is not legal advice or a religious ruling. Please consult an attorney and a qualified Islamic scholar or recognised Islamic will service when drafting your will.