Wasiyyah Wajibah
وَصِيَّة وَاجِبَة
Pronunciation: wah-SEE-yah WAH-jih-bah
The "obligatory bequest" — a wasiyyah of up to 1/3 of the estate to grandchildren whose parent predeceased the grandparent, replacing the share that parent would have taken.
Definition
When a son or daughter predeceases their own parent, the grandchildren are normally blocked from inheriting if a surviving uncle exists. To address the resulting hardship, scholars including Ibn Hazm, Imam Ahmad, Al-Hasan al-Basri, al-Tabari, and Yusuf al-Qaradawi treated a wasiyyah to those grandchildren as obligatory (wajib).
Egypt (1946), Pakistan (Muslim Family Law Ordinance 1961, § 4), Morocco, UAE, Tunisia, Kuwait, Syria, and Algeria have codified the obligatory bequest, capping it at 1/3 of the estate. In the U.S., the obligatory bequest must be explicitly written into an Islamic will to take effect.
Related Terms
Wasiyyahوصية
An Islamic will — allowing a Muslim to bequeath up to one-third of their estate outside the fixed inheritance shares.
Faraidفرائض
Islamic inheritance law prescribing fixed shares for heirs based on Quranic guidelines.
Mirathميراث
Islamic inheritance — the transfer of wealth from a deceased Muslim to rightful heirs according to Shariah.
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Wasiyyah Wajibah (وَصِيَّة وَاجِبَة) — The "obligatory bequest" — a wasiyyah of up to 1/3 of the estate to grandchildren whose parent predeceased the grandparent, replacing the share that parent would have taken. When a son or daughter predeceases their own parent, the grandchildren are normally blocked from inheriting if a surviving uncle exists. To address the resulting hardship, scholars including Ibn Hazm, Imam Ahmad, Al-Hasan al-Basri, al-Tabari, and Yusuf al-Qaradawi treated a wasiyyah to those grandchildren as obligatory (wajib).
- The "obligatory bequest" — a wasiyyah of up to 1/3 of the estate to grandchildren whose parent predeceased the grandparent, replacing the share that parent would have taken.
- Category: Estate Planning
- Related: Wasiyyah, Faraid, Mirath
- Compare related Shariah-compliant products on HalalWallet
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Reviewed by: HalalWallet Editorial Team
Last reviewed: 2026-05-01
Editorial Team, HalalWallet
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