Code of Muslim Personal Laws

Article 101

A will (wasiya) is a declaration whereby a person is permitted, with the formalities prescribed by law, to control the disposition after his death of not more than one-third of his estate, if there are heirs, or the whole of it, if there are no heirs or distant kindred.

Article 102

(1) The making of a will is strictly a personal act; it cannot be left in whole or in part to the discretion of a third person or accomplished through the instrumentality of an agent. (2) A will may be declared orally or in writing in a manner that shows clearly the intention of the testator to execute it in the presence of a least two competent, credible and disinterested witnesses.

Article 103

(1) No nuncupative will shall pass any property of the decedent unless it is proved and allowed in accordance with a solemn oath or affirmation of all the witnesses who attested to its declaration. (2) No will of any other kind, holographic or formal, shall pass any property unless it is proved and allowed in accordance with this Code.

Article 104

An endowment for Islamic purposes to take effect after the death of the donor (wagf-bill-wasiya) partakes of the nature of a testamentary disposition.

Article 105

Any person of sound and disposing mind and who is not expressly prohibited by Islamic law may make a will. Persons of either sex under the age of puberty cannot make a will.

Article 106

(1) The testator, in his will, cannot dispose of more than one-third of his estate. Any bequest in excess thereof shall not be given effect unless ratified by the heirs. In any case, the bequest must be accepted by the legatee. (2) A bequest to any sharer or residuary shall not be valid unless ratified by the testator's heirs existing at the time of his death.

Article 107

Should the testator die without having made a bequest in favor of any child of his son who predeceased him, or who simultaneously dies with him, such child shall be entitled to one-third of the share that would have pertained to the father if he were alive. The parent or spouse, who is otherwise disqualified to inherit in view of Article 93 (c), shall be entitled to one-third of what he or she would have received without such disqualification.

Article 108

Will may be expressly or impliedly revoked by the testator at any time before his death. Any waiver or restriction of this right shall be void.

Article 109

The invalidity of one of several provisions of a will shall not result in the invalidity of the others, unless it is to be presumed that the testator would not have made such other provisions if the first invalid provision had not been made.