Rafed English

Executor or Executrix

Adapted from: "Making an Islamic Will" by: "Sayyid Muhammad Rizvi"

(A) It is a normal practice to appoint your spouse or another family member as the executor of your will. There is nothing wrong with this. The only conditions which are necessary for an executor/executrix is he or she should be bâligh, sane, and Muslim. It is not necessary for him/her to be `âdil; trustworthiness would be a sufficient quality for an executor.

(B) I am told that by making your children the heirs of their shares, your children will end up paying tax on that; whereas if your wife becomes the heir of everything than no tax is applied. If this is true, than you can do the following:

You can make your wife the executrix of your will and also leave everything to her – BUT she must know (through a supplementary private will or a letter) that she owns only her specified share according to the shari'ah and she has to hand over the shares of her children when they become mature enough (not just bâligh) to handle their own finances.

(C) If you accept to be an executor for someone's will, then it becomes wâjib for you to fulfill your duty. You can only reject this responsibility while the testator is alive; you cannot reject this role after his/her death.


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