Vous êtes sur la page 1sur 7

In the name of Allah, the Most Beneficent, the Most Merciful

LAST WILL AND TESTAMENT


I, ____________, presently residing at _____________________________________ , being of sound mind and memory, do hereby revoke any and all former Wills and codicils made by me, and do make, ordain, publish, and declare this document as my last will and testament hereinafter referred to as Will or WILL.

1 PREAMBLE
As a firm believer in the tenets of Islam, I bear witness that there is no deity but Allah(swt), the ONE, the Merciful, the Almighty-Creator of the heavens and the earth and all therein, God of Abraham, Moses, Jesus, Muhammad, and all the Prophets (mercy and peace be upon them all). He is One God and He has no partner. I bear witness that the Prophet Muhammad ( mercy and peace be upon him) is the Servant and the Messenger of Allah (swt) and the Last and the Final of all the Prophets (mercy and peace be upon them all ). I bear witness that Quran is the true word of Allah (swt) and the final holy and divine revelation to the Prophet Muhammad ( mercy and peace be upon him). I bear witness that after the Final Prophet Muhammad ( mercy and peace be upon him) no other prophet in any form is to be appointed by the Almighty Allah (swt). I bear witness that Prophet Muhammad (mercy and peace be upon him) physically embarked on the Night Journey (the Isra, the Maeraaj) to the heavens. I bear witness that Mehdi (ra) has not appeared to this date and is yet to appear according to the Ahadith of Prophet Muhammad (mercy and peace be upon him). I bear witness that Prophet Esa (as) (Jesus peace be upon him) never died and was raised Alive to the Heavens. I bear witness that Prophet Esa(as) (Jesus peace be upon him) has not descended to this date and is yet to descend from heavens in His(pbuh) second coming according to the Ahadith of Prophet Muhammad (mercy and peace be upon him). I bear witness that no part of the Quran has ever been abrogated or corrupted or changed and that the Allah (swt) has protected Quran from any such corruption. I bear witness that ALL the Wives (ra) of the Prophet Muhammad ( mercy and peace be upon him) are the most pious women and ALL (ra) are free from any corruption and ALL (ra) are mothers of the Muslim believers according to the Quran. I bear witness that all of the four main Sahaba(ra) the companions of the Prophet Muhammad ( mercy and peace be upon him) the Caliphs of the Caliphat-e-Rashida are the best of the Muslims and are free from any corruption and are equal in ranks. I bear witness that Allah (swt) is the Truth, that His promise is Truth, and that the Meeting with Him is Truth. I bear witness that Paradise is Truth and that Hell is Truth. I bear witness that the coming of the Day of Judgment is Truth, there is no doubt about it, and that Allah(swt),who is exalted above all deficiencies and imperfections, will surely resurrect the dead of all generations of mankind, first and last and those in between. I bear witness that a person who unconditionally believes by heart in ALL the tenets described here-above is a Muslim. I bear witness that the denial of all or any of the tenets described hereabove puts the denier out of the fold of Islam. This is my counsel to my all Muslim relatives and my all Muslim friends who remain after me: that they strive to be true Muslims, that they submit to their Creatormay He Be exaltedand worship Him as He alone is to be worshiped, fear Him as He alone is to be feared, love and obey Him and love and obey His Prophet Muhammad ( mercy and peace be upon him) with a completeness that is rivaled by nothing besides them. Hold Fast to the Shariah of Prophet
WILL of MALE Signature_____________

Muhammad (mercy and peace be upon him ). I remind them that no man dies before his time and no woman dies before her time. The exact duration of each life span is precisely determined before we are born by the AllPowerful Creator, may He be exalted. So, do not preoccupy yourselves with my death, but instead make the proper preparations. Maintain patience and self-composure as the Islam requires. Finally, I make this earnest appeal to all my relatives, friends, and all others; (who choose to believe or not to believe as I believe) to honor my Constitutional right to my beliefs and I ask them to honor my Will, which I have made, and not to try to obstruct it or change it in any way. Rather, extend every cooperative help to the Executors and facilitate my burial be executed as I have willed to be buried and let my properties be divided as I have willed them to be divided, and let my children be brought under the custody as I have willed, without any prejudice.

2 EXECUTION OF THE WILL IN THE ENTIRETY


The execution of my Will in the entirety constitutes with the fulfillment of all of the following components of the Will all as consequence of my death. 2.1 My burial as in the ArticleI of the Will 2.2 Custody of my children as in the ArticleII of the Will 2.3 Division and distribution of my property and wealth as in the ArticleIII of the Will 2.4 Separability of the Will as in the Article IV of the Will

3 NOMINATIONS FOR THE EXECUTION OF THE WILL


3.1 I hereby nominate and appoint following persons, hereinafter referred to as Executor(s) to execute my Will in the entirety construed with the clause 2 above. These nominations shall remain valid as long as the Executor(s) remain Muslim and of sound mind and judgment and do not fall under the exclusion construed with clause 4 of the Will. 3.1.1 AAAA , Residing at ____________________________________________ 3.1.2 BBBB, Residing at _____________________________________________ In the event that AAAA shall be unable to execute my Will. 3.1.3 CCCC, Residing at _____________________________________________ In the event that CCCC shall be unable to execute my Will. 3.2 Only in the event that all of the Executors in 3.1 above are unable to execute my Will, I appoint the President or the Chairman of MCC (Muslims Council Calgary) hereinafter referred to as MCC, having official address at 5615 14 Avenue SW Calgary AB Canada, to execute my Will in the entirety. If during the process of execution of the Will by MCC, any or all Executors become available and able, the execution of the Will shall be transferred to those Executor(s).
WILL of MALE Signature_____________

3.3 I ordain my Executors to always consult my wife and uphold her opinion while executing the whole or any part of my Will.

4 DIRECTIVE OF EXCLUSION
4.1 I direct the Executors and the MCC, that while executing my Will in the entirety or in part (as the case may be) and / or while seeking counsel from another Islamic Organization in the process of execution of the Will, to strictly exclude Jamaat-eAhmediyya also known as Qadiani group AND strictly exclude the Lahori group AND strictly exclude the Pervezi group AND strictly exclude the Shia group AND strictly exclude the Brelvi/Sufi Muslim group AND any non-Muslim group. The group shall imply many individuals or a single individual belonging to any of these particular faiths. Whereas, all such exclusions are without any intent of hatred or prejudice against any faith group and are only based upon my faith.

5 POWER OF THE EXECUTORS AND MCC


5.1 I hereby confer necessary power to my Executors and MCC to settle any claim(s) for or against me or my estate and power to sell any property, real, personal, or mixed, in which I have a share, without court order and without bond. I direct no bond or surety for any bond is required for my Executors or MCC in the execution of the Will. 5.2 I authorize my Executors or MCC to recover any expending that they incur in executing my Will from my Family or if necessary from my bank account thru the court of law of the jurisdiction.

WILL of MALE

Signature_____________

ARTICLE I FUNERAL AND MY BURIAL I shall carry adequate information in my possession facilitating person(s) in my companionship or the law enforcing authorities to notify my relatives, Executors and MCC of my death. I direct my Executors or the MCC, as the case may be, to initiate proceedings for my burial, without any unreasonable delay, in accordance with the procedure of burial as defined in the sections (a) thru (h) here below, upon receiving the notification of my death and as soon as my body is available. In case I meet with the death in a remote place, I direct my Executors or the MCC, as the case may be, to make every possible effort to relocate my body to my town of dwelling or in consultation with my relatives and Muslim family to any such place convenient for my burial in accordance with the procedure as defined in the sections (a) thru (h) here below. PROCEDURE OF BURIAL a) I ordain that no autopsy or embalming be done on my body unless required by law and that my body shall not be transported over any unreasonable distance from the locality of my death, particularly when such transportation would necessitate embalming, unless when long distance transportation is required to reach the nearest Muslim graveyard or any other graveyard selected by my Muslim family. b) I ordain that my body shall be washed, cleansed and shrouded all by Muslims in complete accordance with the specifications of Islamic practice. The shroud (kafan) shall be in the simplest form without bearing any writings. Thereafter the funeral prayer (salat e janaza) shall be offered by Muslims in complete accordance with the specifications of Islamic practice. My Muslim family may as well be consulted with for this purpose. c) I ordain that publically a call shall be made inviting any person(s), whom I might owe any legitimate debt, to come forward with the claim before my burial. My family must be consulted for settling any such debt and Executors or MCC may then adopt a suitable course to do away with the so claimed debt immediately or as latter if circumstances prohibit immediate settlement, however the claimed debt not to be left unsettled. d) I ordain that absolutely no non-Islamic religious service or observance shall be conducted upon my death or on my body. e) I ordain that no pictures, crescents or stars, decorations, crosses, flags, any symbols Islamic or otherwiseor music shall be involved at any stage of the process of conducting my burial or ever be placed at the site of my grave.
WILL of MALE Signature_____________

f) I ordain that my grave shall be dug deep into the ground in complete accordance with the specifications of Islamic practice and that it faces the direction of Qiblah (the direction of the city of Mecca in the Arabian Peninsula, towards which Muslims face for prayer). g) I ordain that my body shall be buried without a casket or any encasement that separates the wrapped body from the surrounding soil. In the event that local laws require casket encasement, I ordain that such encasement be of the simplest and least expensive, be made of a thinnest possible and degradable material. I further ordain that the encasement be left open during burial and filled with soil, unless prohibited by law. h) I ordain that my grave shall be level with the ground or slightly mounded, with no construction or permanent structure of any kind over it. The markingif necessary should be a simple rock or marker, merely to indicate the presence of the grave. There should be no inscriptions or symbols on the said marking. ARTICLE II CUSTODY OF MY CHILDREN 1. 2. I ordain that the custody of my minor children shall go to their mother. In the event that the mother of my minor children is not of sound mind and judgment or is unable to receive the custody of my minor children or is not alive, I nominate following persons, hereinafter referred to as Guardian or Guardians, to receive the custody of my minor children. I ordain my Executors to decide and appoint suitable person(s) as guardian of my minor children in the event all of below nominated Guardians are unable to take or maintain the custody of my minor children. Such appointees shall also be referred to as Guardian or Guardians. These nominations shall remain valid as long as the Guardian(s) remain a Muslim of sound mind and judgment and free from serving any personal interest whatsoever from the custody. 4.1 MMMMM, Residing at _______________________________________________ 4.2 JJJJJ, Residing at ___________________________________________________ In the event that MMMMM shall be unable to receive the custody of minor children. 4.3 NNNNN , Residing at _________________________________________________ In the event that JJJJJ shall be unable to receive the custody of minor children. 4.3 KKKKK, Residing at _________________________________________________
WILL of MALE Signature_____________

3.

4.

In the event that NNNNN shall be unable to receive the custody of minor children. 4.4 Person(s) as appointed by the Executors in the event none of my above nominated Guardians is able to take or maintain the custody of my minor children. I prefer that Executors consult the heirs or children of the above mentioned Guardians to identify such appointee(s). 5. I ordain the Guardians to look after the estates and wealth of my minor children, during their minority. 6. I ordain the Guardians to make every possible effort to ensure emotional and physical well being, health and continued education of my minor children. 7. I ordain the Guardians to always ensure that my children in their custody remain together and in no case those children are separated. 8. I ordain the Guardians to expend in a reasonable manner from the wealth of my minor children to meet the expenses for the well being of my minor children. 9. I ordain my Executors to follow up, on regular basis, with the Guardians to ensure their ability of taking care of my minor children. 10. I ordain my Executors to arrange to transfer the custody of my minor children to the first nominated Guardian or the second nominated Guardian in the event the first nominated Guardian is found no longer able to take care of my minor children or any next Guardian as the case may be. 11. I ordain my Executors to cooperate with the Guardians as and when required to maintain the custody. 12. I ordain the Guardians to disburse to the Executors from the wealth of my minor children on account of any expenditure incurred by the Executors while executing any of the obligations as ordained in this article. ARTICLE III: DIVISION AND DISTRIBUTION OF MY PROPERTY AND WEALTH a. I direct that my executor(s) apply first, the assets of my estate to the payment of all my legal debtsincluding such expenses incurred by my last illness and burial as well as the expenses of administrating my estate. I direct the said executor(s) to pay any obligations to Allah (Huquq Allah) which are binding on me, such as unpaid Zakah, Kaffarat. I direct that all inheritance, estate, and succession taxes (including other penalties thereon) payable by reason of my death shall be paid out of and be charged generally against my residuary estate, without reimbursement from any person; except that this provision shall not be construed as a waiver of any right which my executor has, by law
Signature_____________

b.

WILL of MALE

or otherwise, to claim reimbursement for any such taxes which become payable on account of property, if any, over which I have a power of appointment. c. I direct my executor(s) that all the residue and remainder of my estate, after making provision for payment of my obligations and distributions provided in Article III, be transferred to only my Muslim heirs whose relation to me, whether ascending or descending, has occurred through Islamic or lawful marriage at each and every point. The distribution of the residue and remainder of my estate shall be made strictly in accordance with Islamic Sharia Law and Jurisprudence. ARTICLE IV: SEPARABILITY I direct and ordain that if any part of this Last Will and Testament is determined invalid by a court of competent jurisdiction, the other parts shall remain valid and enforceable. In witness whereof, I have hereunto set my hand and seal this ___________day of _____________of the year ____________________. Legal Name ___________________________________________________________________________ We hereby certify that the foregoing instrument was on the date thereof signed, published, and declared by the Testator______________, and as for his Last Will and Testament, in our presence, who at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses thereto, believing said Testator at the time of the signing to be of sound mind and memory. 1. ______________________________of________________________________ 2.______________________________of________________________________ 3.______________________________of________________________________ This document, comprising __Seven (7) _ pages is made in enough copies. One copy each is with ____The Executors_____:

Notary Public:

WILL of MALE

Signature_____________

Vous aimerez peut-être aussi