Islamic Will (Wasiyya): Faraid, NZ Law & How to Create One
Reviewed quarterly and updated for major content changes.
In New Zealand, faraid inheritance shares do NOT apply by default: without a valid will, the Administration Act's intestacy rules distribute your estate on a completely different basis. That makes the wasiyya essential here, not optional. It directs the faraid distribution itself, plus the one-third you may leave 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 under the Wills Act 2007, and the free community services that help.
Quick Answer
In New Zealand, faraid (Quranic inheritance shares) does not apply automatically: a Muslim who dies without a valid will has their estate distributed under the Administration Act's intestacy rules, which differ from the Quranic shares. A faraid-compliant will fixes this. It must meet the Wills Act 2007 formalities (written, signed, two witnesses present together), may direct up to one-third to charity or non-heirs, and is available free through Darul Ifta NZ's template or the AhlulBayt Centre's will assistance.
Key Takeaways
- Faraid does NOT apply by default in NZ; only a valid will makes the Quranic shares legally effective
- 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
- Wills Act 2007 formalities: written, signed, two witnesses present at the same time
- Executors collect assets via High Court probate and distribute per the will's faraid directions
- Two free community services help: Darul Ifta NZ's template and the AhlulBayt Centre's will assistance
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 scholars and drafters 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 status), bank accounts, KiwiSaver, shares and funds, business interests, vehicles, gold, and debts owed to and by you. Most inheritance disputes are disputes about what existed.
Identify your faraid heirs
Faraid-eligible heirs are your spouse, children, parents, and in some cases siblings. In New Zealand these shares apply ONLY if your will directs them: without a valid will, the Administration Act's intestacy rules distribute your estate on a completely different basis.
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
Meet the Wills Act 2007 formalities: sign the document in the presence of two witnesses who are both present at the same time and who also sign. Witnesses should not be beneficiaries. Get this wrong and the will can fail entirely.
Review with a professional and keep it findable
Darul Ifta NZ offers a free faraid-compliant will template, and the AhlulBayt Centre in Auckland provides free will assistance. For complex estates, have a lawyer confirm the drafting stands up to the Family Protection Act. Tell your family where the will is kept, and review it after marriages, births, deaths, and major purchases.
Learn More About Inheritance in New Zealand
Our estate planning hub covers faraid in depth, probate, hiba (lifetime gifts), the Family Protection Act, and when to engage a lawyer.
Halal Finance Score
An Islamic will matters. So does everything else. Check your full score.
Average score: 63/100
Important: HalalWallet provides educational information and comparisons to help you explore halal financial options. We do not provide financial, legal, or religious advice. Product structures and Shariah compliance oversight vary by provider. Always verify halal compliance directly with providers and consult with qualified Islamic finance advisors or scholars for guidance on specific products and your individual circumstances.
Frequently Asked Questions
Frequently Asked Questions
Sources and review process
This page is reviewed against HalalWallet editorial standards and source documentation.
Reviewed by: HalalWallet Editorial Team
Last reviewed: 2026-08-03
How to cite this page
Preferred format:
For time-sensitive claims (rates, fees, state availability), please verify directly with the provider's official documentation and note the retrieval date.