The Compulsory Bequest (al-Wasiyyah al-Wājibah)

Dr. Ghassan Arnous
Legal Advisor at Zayed Al Shamsi Advocates and Legal Consultants.

The Qur’anic verses on inheritance establish a precise and balanced system that ensures justice among heirs, reflecting the nature of their obligations toward the deceased. These divine rulings are clear in their meaning, safeguarding rights, achieving fairness, and preserving harmony and unity within society.

While Islamic law allows a person, during his lifetime, to make a voluntary will (wasiyyah ikhtiyāriyah) for up to one-third of his estate in favor of non-heirs, certain situations arise that call for what is known as the compulsory bequest (al-wasiyyah al-wājibah). This rule applies when a person dies leaving behind grandchildren through a deceased son or daughter, i.e., when the parent of these grandchildren (the son or daughter of the deceased) has passed away before or at the same time as their own parent (the grandparent). In such cases, those grandchildren become entitled to a compulsory bequest.

The amount of this compulsory bequest equals what their deceased parent would have inherited if he or she had been alive, provided that it does not exceed one-third of the estate.

However, it is important to note that if these grandchildren already inherit from their grandparent, or if the grandparent, during his lifetime, made a will for them or gave them gifts equal to what they would receive under the compulsory bequest, they are not entitled to claim it again.

The distribution of the compulsory bequest among these grandchildren follows the same principle as inheritance: for a male, the share of two females.

Additionally, the compulsory bequest takes precedence over voluntary wills in settlement from the one-third portion of the estate.

The UAE legislator addressed the rules of the compulsory bequest in Article (179) of the Personal Status Law of 2024, which states:

1. If a person dies (even if deemed deceased by ruling) leaving descendants of a son or daughter who predeceased or died simultaneously with him, these grandchildren are entitled to a compulsory bequest from one-third of the estate under the following conditions:
a. The bequest is equal to the share that their parent would have inherited from the deceased grandparent, as if that parent had died immediately after the grandparent, provided that it does not exceed one-third of the estate.
b. These grandchildren are not entitled to the compulsory bequest if they are already heirs of the deceased grandparent, or if the grandparent had made a will or given them gifts during life equal to what they would receive under the compulsory bequest. If the will or gift is less, it must be completed; if it is more, the excess is considered a voluntary will; and if some but not all grandchildren were included, the others are entitled to their respective shares.
c. The compulsory bequest applies to descendants of sons and daughters, however far removed, with each branch taking only the share of its immediate parent, and males receiving twice the share of females.
2. The compulsory bequest takes precedence over voluntary wills when distributing the one-third of the estate.
3. A person who kills the deceased or an apostate is disqualified from receiving the compulsory bequest under this law.

From these provisions, it becomes clear that the laws of inheritance, compulsory bequest, and voluntary will together reflect the divine wisdom of Almighty Allah in ensuring justice, compassion, and balance among people. The system of inheritance in Islam remains an enduring symbol of fairness and equity, guaranteeing stability and social harmony across generations.