In Islam, a will is called ‘wasiat’, ‘wassiyah’ or ‘wasiyyah’. This comes from the Arabic term “wass” which means ‘connecting’ or ‘delivering’.

So ‘wasiat’, ‘wassiyah’ or ‘wasiyyah’ is the transfer of wealth by a person to chosen beneficiaries after death.

“Wasiat is a will settlement document in a form of instructions to the will executor to implement all the wishes of the will testator including to execute all the plans and wealth distribution after the death of the testator” (https://www.malaysia.gov.my/portal/content/27675).

The Civil Law Act 1956 of Malaysia (‘the Civil Law Act’) says that the administration of a Muslim’s property shall in be accordance with Islamic law.

In Malaysia, the Wills Act 1957 does not apply to Muslims. Wills made by Muslims (‘wasiat’) must comply with Syariah principles. However, in Malaysia there is no specific legislation on Islamic wills other than the following:

1. Muslim Wills Enactment (Selangor) 1999 (“the Enactment”);
2. Muslim Wills Enactment (Negeri Sembilan) 2004;
3. Muslim Wills (State of Malacca) Enactment, 2005;
4. Muslim Wills (Kelantan) Enactment 2009;
5. Muslim Wills (Pahang) Enactment 2017.

The four later enactments largely following closely what is set out in the Enactment.

Section 3 of the Enactment says that an Islamic Will may be made orally, in writing or by a gesture and a written Will may be made in the form set out by the Schedule to the Enactment.

There is no requirement in the Enactment or any other law that says a written Islamic Will must be made by a lawyer. Any Muslim is free to make a written Will without needing to go to a lawyer.

EzWasiat has been built to help Muslims make their own written Will by themselves validly.