The World Federation Islamic Laws

Ruling 2714

A testator (mūṣī) [i.e. a person who makes a will] must be of the age of legal responsibility (bāligh) and sane (ʿāqil); he must not be foolish with finances (safīh)1 and he must voluntarily make the will. Therefore, the will of a child who is not bāligh is not valid unless the child is ten years old and his will is for his close relatives or it is for spending on general charitable causes; in these two cases, the will is valid. However, if he makes a will for other than close relatives, or if the child is seven years old and he makes a will that pertains to a small part of his estate, then the validity of such a will is problematic (maḥall al‐ishkāl);2 therefore, precaution (iḥtiyāṭ) must be observed here. If the person is foolish with finances, his will pertaining to his wealth is ineffective but it is effective with regard to other matters, such as preparing his body for burial.

1 Ruling 2091 provides further clarification of this term: it refers to someone who spends his wealth in futile ways.

2 As mentioned in Ruling 6, the term ‘problematic’ (maḥall al‐ishkāl) amounts to saying that the ruling is based on obligatory precaution.