An Islamic will (wasiyya) lets you plan for your family in line with your faith and gives your heirs clarity when they need it most. SMC Advocates drafts wills that respect the fixed shares of Islamic inheritance and are properly executed under Kenyan law, so they can be relied on in the Kadhis’ Courts and the High Court.
What an Islamic will covers
- Confirming the fixed Quranic shares (fara’id) for your heirs, so the estate is divided correctly.
- Bequests of up to one third of the estate to people or causes who are not fixed heirs, such as charities, a Waqf or relatives who would otherwise not inherit.
- Appointing executors and guardians for minor children.
- Directions on debts, funeral arrangements and charitable giving, including zakat due from the estate.
- Business and property interests, including shares, land and assets held abroad.
Why a written will matters in Kenya
Kenya’s Law of Succession Act recognises that the estates of Muslims are generally governed by Islamic law. Without clear written instructions, families often face delays, disagreements and costly court applications. A well-drafted will, kept with your advocate, reduces that risk and speeds up the transfer of assets to your heirs.
Our approach
Your will is prepared under the guidance of Swaleh Kanyeki, our Senior Partner and a former Sharia Board Member of Gulf African Bank. We take time to understand your family, explain the shares each heir will receive, and record any permitted bequests clearly. We keep the original will in safe custody and review it with you when your circumstances change.
Frequently asked questions
Is an Islamic will legally valid in Kenya?
Yes. A will that meets the formal requirements of Kenyan law, including proper signing and witnessing, is valid, and Kenyan law recognises Islamic law for the succession of Muslims.
Can I leave my estate to whoever I choose?
Under Islamic law the fixed heirs receive set shares. You may freely bequeath up to one third of the estate to people or causes who are not fixed heirs.
Can I include property held outside Kenya?
Yes. We advise on assets in other countries and coordinate with partner firms in the AZTAN Law Network where local formalities apply.
How long does it take to prepare an Islamic will?
Most wills are ready within one to two weeks after our first consultation, once we have details of your family and assets.
Speak to our Islamic law team. Call (+254) 793 368 555, email info@swalehmwangi.co.ke, or request a free consultation. Our offices are on the 10th Floor, Highway Heights, Marcus Garvey Road, Kilimani, Nairobi.