Islamic Will (Wasiyyah): Faraid, Australian Law & How to Create One
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In Australia, faraid inheritance shares do not apply automatically. If you die without a will, your state's intestacy rules distribute your estate on a formula that does not match the Quranic shares. An Islamic will is therefore essential, not optional: it is the only instrument that makes faraid legally binding on your estate. This guide covers the Quranic shares, what a valid will requires in Australia, and how superannuation fits in.
Quick Answer
In Australia, faraid (Quranic inheritance shares) does not apply automatically; state intestacy rules govern estates without a will and they do not match the Islamic shares. A wasiyyah (Islamic will) sets out the faraid distribution, directs up to one-third of the net estate to charity or non-heirs, and records guardianship wishes. A valid will needs the testator's signature and two adult non-beneficiary witnesses under state succession law.
Key Takeaways
- Faraid does not apply by default in Australia; only a valid will makes it binding
- Dying intestate means state formulas distribute your estate, not the Quranic shares
- The wasiyyah portion covers at most one-third of the net estate, for charity or non-heirs only
- A written will signed before two adult witnesses is valid; witnesses should not be beneficiaries
- Superannuation passes outside the will unless you make a binding nomination into your estate
- Use an estate lawyer for property, business interests, blended families, or family provision risk
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; Islamic will services and scholars work from the full faraid rules rather than summaries, and your will should reference the complete calculation.
| 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, bank accounts, shares and funds, superannuation, business interests, vehicles, gold, and debts owed to and by you. Note that superannuation and jointly owned property usually pass outside your will unless you direct them into your estate.
Identify your faraid heirs
Faraid-eligible heirs are your spouse, children, parents, and in some cases siblings. In Australia their fixed shares do not apply automatically; your will must set them out or reference the faraid calculation for them to be enforced.
Decide your one-third wasiyyah
You may direct up to one-third of your net estate to charity or to people who are not already heirs. The remaining two-thirds should be distributed per faraid, which your will needs to state explicitly.
Deal with superannuation separately
Super does not automatically follow your will. Make a binding death benefit nomination with your fund, or nominate your legal personal representative so the benefit flows into your estate and is distributed per your Islamic will.
Execute the will properly
Sign the document in the presence of two adult witnesses who also sign, per your state or territory's succession law. Witnesses should not be beneficiaries.
Review with a lawyer and keep it findable
Have an estate lawyer confirm the will is valid in your state and consider family provision exposure, then tell your family where the will and asset documents are kept. Review after marriages, births, deaths, and major purchases; marriage generally revokes an earlier will.
Learn More About Islamic Inheritance in Australia
Our estate planning hub covers faraid in depth, Islamic will services, superannuation nominations, and when to engage a lawyer.
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Reviewed by: HalalWallet Editorial Team
Last reviewed: 2026-08-03
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