Islamic Will (Wasiyyat): Faraid, Nigerian Law & How to Create One
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In Nigeria's northern states, Sharia courts apply faraid inheritance shares to Muslim estates; elsewhere, a valid will directing Islamic distribution does that job. A wasiyyat does not change the fixed shares; it handles what faraid leaves open: the one-third you may direct to charity or non-heirs, guardianship wishes for minor children, and the documentation that prevents family disputes. This guide covers the Quranic shares, what a valid will requires in Nigeria, and how succession works in practice.
Quick Answer
In Nigeria, faraid (Quranic inheritance shares) governs Muslim estates through the Sharia courts in the northern states, and a will directing Islamic distribution secures it elsewhere. A wasiyyat (Islamic will) can direct up to one-third of the net estate to charity or non-heirs, record guardianship wishes, and document assets, but it cannot change heirs' fixed shares. A valid will needs the testator's signature and two adult witnesses; lodging it at the probate registry is optional but strengthens it.
Key Takeaways
- Sharia courts apply faraid to Muslim estates in the northern states; elsewhere a will directing Islamic distribution is essential
- The wasiyyat covers at most one-third of the net estate, for charity or non-heirs only
- Bequests to existing heirs or beyond one-third need the other heirs' consent after death
- A written will signed before two adult witnesses is valid; lodging it at the probate registry is optional
- Heirs collect assets via probate or letters of administration from the state probate registry
- Use a succession lawyer for property disputes, family land, business shares, or heirs abroad
Faraid Inheritance Shares
These are the primary Quranic shares (from Surah An-Nisa 4:11-12). Actual distribution depends on which heirs survive the deceased. When multiple categories are present, the calculation becomes complex, and Nigerian courts and lawyers work from the full faraid rules rather than summaries.
| Heir | Condition | Share |
|---|---|---|
| Husband | Wife has no children | 1/2 |
| Husband | Wife has children | 1/4 |
| Wife | Husband has no children | 1/4 |
| Wife | Husband has children | 1/8 |
| Son | With other heirs | Residuary (asaba) |
| Daughter | No son, one daughter | 1/2 |
| Daughter | No son, two+ daughters | 2/3 (shared) |
| Father | Deceased has children | 1/6 |
| Mother | Deceased has children | 1/6 |
| Mother | No children, no 2+ siblings | 1/3 |
How to Create an Islamic Will
Inventory your assets
List property (with title documents), bank accounts, shares and funds, business interests, vehicles, gold, and debts owed to and by you. Most inheritance disputes in Nigeria are disputes about what existed.
Identify your legal heirs
Faraid-eligible heirs are your spouse, children, parents, and in some cases siblings. Their fixed shares are set by Islamic law; your will does not change them.
Decide your one-third wasiyyat
You may direct up to one-third of your net estate to charity or to people who are not already heirs. Bequests beyond one-third, or to existing heirs, need the other heirs' consent after death.
Record guardianship and administration wishes
State who should care for minor children and who should administer your affairs. The guardian court decides finally, but written wishes carry weight.
Execute the will properly
Sign the document in the presence of two adult witnesses who also sign. Lodging the will at the state probate registry is optional but strengthens the document against challenges.
Review with a lawyer and keep it findable
Have a succession lawyer confirm the one-third limit and witnessing are correctly handled, then tell your family where the will and asset documents are kept. Review after marriages, births, deaths, and major purchases.
Learn More About Inheritance in Nigeria
Our estate planning hub covers faraid in depth, succession certificates, hiba (lifetime gifts), and when to engage a lawyer.
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Reviewed by: HalalWallet Editorial Team
Last reviewed: 2026-08-03
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