Islamic Last Will and Testament
Islamic Last Will and Testament
Islamic Last Will and Testament
ARTICLE I: PREAMBLE
The Prophet Muhammad (may peace be upon him) ordered all Muslims to prepare a Last Will &
Testament. Abdullah bin ‘Umar narrated that the Prophet (pbuh) said, "It is not permissible for any
Muslim who has something to will to stay for two nights without having his Will and Testament written
and kept ready with him." (Sahih Al-Bukhari).
While being in full mental capacity and good health, I, MARK ANTHONY B. OSUMO, a Muslim, do
hereby declare and certify this as my Last Will and Testament. I also do hereby declare that this
document revokes any and all former wills and codicils that I may have previously written.
I bear witness that there is none worthy of worship except Allah (God), and I bear witness that Prophet
Muhammad (pbuh), is His servant and Messenger. I ask my relatives, friends and anyone reading this
will, whether or not they believe as I do, to respect my beliefs and wishes. Please do not obstruct or
alter this document. Rather, ensure that I am buried as I ask, and that my property is divided as I ask.
I also say to my relatives and friends what the prophets Ibrahim and Ya’cob (Peace be upon them)
said to their sons: "O my sons, indeed God has chosen for you this religion, so do not die
except while you are Muslims." (Surat-ul-Baqarah, 2:132).
7. For men is a share of what parents and close relatives leave, and for women is a share of what the
parents and close relatives leave, be it little or much – an obligatory share.
8. And when [other] relatives and orphans and the needy are present at the [time of] division, then
provide for them [something] out of it [ i.e., the estate] and speak to them words of appropriate
kindness.
9. And let those [executors and guardians] fear [injustice] as if they [themselves] had left weak
offspring behind and feared for them. So let them fear Allah and speak words of appropriate kindness.
10. Indeed, those who devour the property of orphans unjustly are only consuming into their bellies
fire. And they will be burned in a Blaze [i.e. Hellfire].
11. Allah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is
equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds
of one’s estate. (Literally, “that which is left.”). And if there is only one, for her is half. And for one’s
parents, to each one of them is a sixth of his estate if he left children. But if he had no children, and
the parents [alone] inherit for him, then for his mother is one third. And if he had brothers [and/or
sisters], for his mother is a sixth, (Although the siblings themselves do not inherit in this case.) after
any bequest he [may have] made or debt. Your parents or your children – you know not which of
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them, are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah
is ever Knowing and Wise.
12. And for you is half of what your wives leave if they have no child. But if they have a child, for you is
one fourth of what they leave, after any bequest you [may have] made or debt. And if a man or woman
leaves neither ascendants nor descendants but has a brother or a sister, then for each one is a sixth.
But if they are more than two, they share a third, (these shares are divided equally between males
and females), after any bequest which was made or debt, as long as there is no detriment [caused].
(This is a condition for any bequest. If it has been violated by the deceased, his bequest is not to be
honored, or it may be adjusted by the executor). [This is] an ordinance from Allah, and Allah is
knowing and Forebearing.
13. These are the limits of Allah, and whosoever obeys Allah and His Messenger will be admitted by
Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great
attainment.
14. And whosoever disobeys Allah and His Messenger, and transgresses His limits - He will put him
into the Fire to abide eternally therein, and he will have a humiliating punishment.
A. I am married to MA. LOVELLA EBONA-OSUMO and all references in this Will to my wife are
references to this person.
B. I am the father of the following children whose names and dates of birth are:
1. MARK CHRISTIAN E. OSUMO - JULY 15, 2004 2. MARK AIDAN JACE E. OSUMO - MAY 3, 2009
A. I hereby appoint the person named below to serve as the executor of my will. I thereby entrust
control of my entire estate (cash, bank accounts, real property, shares in any business, and any other
property not mentioned in this Will), to the person named below, who shall distribute it according to my
wishes and Islamic law.
B. I direct that my executor take all actions legally permissible to execute the distribution of my estate
as simply and as expeditiously as possible.
C. I give my executor power to sell my property, real, personal or mixed, without a court order and
without bond.
Any disputes regarding this Will shall be adjudicated via private, binding Arbitration by a neutral
Arbitrator. I hereby appoint ATTY. MUNIR T. HASSAN to serve as the Arbitrator. If he is unable or
unwilling to serve as Arbitrator, I direct that MOH. DASSAN JAMASALI be appointed. The Arbitrator
shall use his judgment and knowledge to resolve any and all disputes regarding this Will while
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adhering strictly to the directions contained therein as well as Islamic law. The judgment of the
Arbitrator shall be final and legally enforceable, no matter whether the disputing parties consider his
judgment imperfect.
I ordain that my body be prepared for burial in keeping with the Sunni Muslim Law (Shariah). I ask that
under no circumstances shall my body be voluntarily turned over for an autopsy, or embalming, or
organ donation. My body must be prepared for burial, and buried, according to the Shariah. Absolutely
no non-Islamic religious service or observance shall be conducted upon my death, or on my body, or
at the grave site. No pictures, symbols, or music should be involved at any stage of my burial.
My body may not be transported over any unreasonable distance from the locality of my death unless
necessitated by the circumstances or consensus of my Muslim family members. My grave should face
in the direction of the Ka’aba in Makkah, Saudi Arabia. My body must be buried without casket or any
other encasement that separates the shroud from the surrounding soil. My grave must be covered
with dirt only. My burial must take place as soon as possible, preferably before sunset on the day of
my death or the following day.
If, at my death, any of my children are minors, I recommend that my wife MA. LOVELLA E. OSUMO
be appointed guardian of my minor children, provided she is a Muslim. If She is unable or unwilling to
serve as personal guardian, I recommend that IRENE E. EBONA be appointed guardian of my minor
children. If she is unable or unwilling to serve as personal guardian, I recommend that
CHRISTOPHER E. EBONA be appointed guardian of my minor children. If he is unable or unwilling to
serve as personal guardian, I recommend that MARY ANN O. BACO be appointed guardian of my
minor children.
In all cases, I urge that all my minor children be raised as practicing Muslims and not in any way be
indoctrinated into any other faith, religion, or sect of Islam. I direct that no bond be required of any
personal guardian. Any property or other inheritance that this Will gives to any of my minor children
shall be administered by their guardian in their best interest.
I direct my executor:
A. Return to the rightful owners all trust and property that are in my care at the time of my death.
B. To first apply the assets of my estate to the payment of all my legal debts, including such expenses
incurred by my last illness and burial as well as the expenses of the administration of my estate.
C. To pay any outstanding "obligation due to God" binding on me, including unpaid zakat, kaffaraat of
unperformed pilgrimage (Hajj), etc.
If any part of this will is determined invalid by a court, the other parts shall remain valid and
enforceable.
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ARTICLE IX: CONCLUSION
This concludes my Last Will and Testament. “Then, whoever alters it [i.e. the bequest] after he
has heard it - the sin is only upon those who have altered it." (Surah al-Baqarah 2:181).
I subscribe my name to this Will this 30th day of May, 2018 at 2:00 o’ clock in the afternoon and do
hereby declare that I sign and execute this instrument as my last Will and that I sign it willingly, that I
execute it as my free and voluntary act for the purposes therein expressed, and that I am of age or
otherwise legally empowered to make a Will, under no constraint or undue influence.
WITNESSES
On this day, MAY 30, 2018, the undersigned declared to us that this instrument was his Will and
requested us to act as witnesses to it. He thereupon signed this Will in our presence, all of us being
present at the same time. We now, at his request, in his presence, and in the presence of each other,
subscribe our names as witness and declare that we understand this to be his Last Will, and that, to
the best of our knowledge the testator is of the age of majority, or is otherwise legally empowered to
make a Will, and under no constraint or undue influence.
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