Although the law (Canadian as well as Islamic) does not say that making of the will is a must, but by looking at the consequences of not having a will, it is necessary - both from legal aspect as well from the shari’ah aspect.
Firstly, if a person dies without a will, the government appoints an executor who will divide the estate among the heirs as he/she seems fit. The pay of the executor for this job will come out of your estate, and the government system takes it time in getting jobs done!
Secondly, from the shari’ah point of view, your heirs may get more or less than the shares specified for them in Islam. By not writing a will, you are leaving the door open for a non-Islamic authority to distribute your estate according to its own views.
So not having a will is costly as well as problematic from both Canadian and Islamic points of view. Considering the consequences, I think it is wâjib for a Muslim in Canada to have an Islamic will; more so when you realize that the law of the land allows you to do so.
Firstly, if a person dies without a will, the government appoints an executor who will divide the estate among the heirs as he/she seems fit. The pay of the executor for this job will come out of your estate, and the government system takes it time in getting jobs done!
Secondly, from the shari’ah point of view, your heirs may get more or less than the shares specified for them in Islam. By not writing a will, you are leaving the door open for a non-Islamic authority to distribute your estate according to its own views.
So not having a will is costly as well as problematic from both Canadian and Islamic points of view. Considering the consequences, I think it is wâjib for a Muslim in Canada to have an Islamic will; more so when you realize that the law of the land allows you to do so.