Question:
In the second chapter of the Holy Qur’an, verse 180 states that making a will at the time of death is an obligation. However, you and many other scholars say that it is better to not write a will and that the heirs should divide the wealth according to the law prescribed by Allahﷻ . These two seem to be contradictory. Please explain.
Answer:
The verse 2:180 says: “Prescribed for you when death approaches one of you, if he leaves behind wealth, is that he makes a will for his parents and close relatives in a good manner – a duty upon the righteous.” In this verse, Allahﷻ uses the word “duty” twice, emphasizing that making a will for parents and close relatives is obligatory. According to this verse, it appears that making a will is mandatory.
However, this was a law for a specific period. This law was later abrogated and changed. Which period are we referring to? Before the verses on inheritance rights were revealed, the Arab society held that only a man’s son was entitled to inherit his wealth. Daughters would not receive anything. Only the son was considered an heir. In such a time, if all the wealth went to the son, parents would be left with nothing.
During that period, when the Islamic inheritance law had not yet come, whatever the local custom was would prevail. If Allahﷻ ‘s law has come, it would be implemented. If no law from Allahﷻ had come, then people would follow whatever custom was prevalent in that land. In that context, if only the son took all the wealth, the relatives would suffer. Parents would struggle, receiving nothing.
It was during this time when wealth was exclusively for sons that this verse was revealed. Understanding the context of why this verse was revealed changes how we interpret it. This is recorded in Sahih Bukhari, Hadith 2747. Ibn Abbas narrates: “Wealth was considered to belong only to the son during the pre-Islamic period of ignorance.“
During the time of Jahiliyyah, and even during the early period of Islam before the revelation of inheritance verses, all wealth belonged solely to the male child. Therefore, Allahﷻ commanded that you make a will for your parents—so that they might receive something. Since the Jahiliyyah law was still in place, which gave wealth only to the child, Allahﷻ introduced an amendment within that framework. He said: Make a will. Give whatever you intend to give to your parents and relatives and let your son take the remainder. That is what this verse conveys.
At that time, wealth belonged to the son, and making a will was for the benefit of parents. This was the situation. From this, Allahﷻ brought about a change. He changed it according to His will. Then He revealed: “Allahﷻ commands you concerning your children: for the male, the share equal to that of two females.” Allahﷻ transformed the system. He changed the condition where daughters had no share to one where both sons and daughters inherit—a son receives the share of two daughters. Similarly, He ordained for parents: “For each parent, one-sixth of the inheritance.” Likewise, He established shares for the wife: one-eighth if there are children, one-fourth if there are none. And for the husband: half if there are no children, one-fourth if there are children.
Because Allahﷻ made these changes, making a will as prescribed in verse 2:180 is no longer necessary. When wealth was solely for sons, the instruction to include parents through a will was given. Then Allahﷻ provided a complete law of inheritance, establishing shares for daughters, parents, and spouses. After Allahﷻ granted these fixed shares, why would one need to make a will for them? Whatever was due to them has already been given.
In his final sermon during the Farewell Hajj, Prophetﷺ ﷺsaid: “Verily, Allahﷻ has given every rightful owner their due.” Through the inheritance law, Allahﷻ Himself has determined who inherits and how much. Therefore, “La wasiyyata li warithin” — there is no will for an heir. If someone is entitled to a share through inheritance, one cannot make a will for them.
Does this mean verse 2:180 has been completely abrogated? Not entirely. While those who receive inheritance shares cannot be given a will, there are relatives who do not receive any share in the inheritance. For such relatives, making a will is still relevant. For example, consider a man who has children. His paternal uncles may be in difficulty. They are close relatives but do not receive any share in the inheritance. If the father is alive, uncles do not inherit. If the son is alive, uncles do not inherit. So, if a person sees that his uncles are in hardship, he can make a will for them because they do not receive any share through inheritance.
There are countless relatives who do not get a share in inheritance. They may be in need, but according to inheritance laws, they will receive nothing. For such relatives, making a will is permissible. However, this is not an obligation; it is permitted. Initially, it was a compulsory duty, but after the inheritance laws were revealed, the requirement to make a will was completely lifted. However, if you wish to make a will for those who do not receive inheritance shares—such as paternal uncles, maternal uncles, or in-laws who are in difficulty—there is no prohibition.
In summary, the initial situation at the dawn of Islam was that only male children inherited. During that time, making a will for parents and close relatives was obligatory. After Allahﷻ revealed the detailed inheritance laws specifying fixed shares for children, parents, spouses, and other heirs, the obligation of making a will for those who receive inheritance shares was abrogated. However, for relatives who do not receive any share in the inheritance, making a will remains permissible and is a way to provide for those in need.