Q: Is it obligatory to leave a will? Does it require witnesses? Since I do not know the legal formula of the will, please furnish me with this information. May Allah reward you!
A: The formula of the will should be as follows: I, so and so, the son/daughter of such and such, bear witness that there is no one worthy of worship but Allah Alone with no associates, and I bear witness that Muhammad is His Servant and Messenger, and that `Eisa (Jesus) is the Servant and Messenger of Allah and His Word which He bestowed on Maryam (Mary) and a soul created at a command from Him. I also bear witness that Jannah (Paradise) is true and Nar (Hellfire) is true, and that the Hour (the day of Resurrection) is coming, about which there is no doubt, and that Allah will resurrect those in the graves. I advise whoever I leave behind among my family, children and the rest of my relatives to have Taqwa (fear/wary of offending Allah), make peace between themselves, obey Allah and His Messenger, and exhort one another to truth and patience. I advise them in the same way as Ibrahim (Abraham, peace be upon him) and Ya`qub (Jacob, peace be upon him) had advised their children:
And this (submission to Allâh, Islâm) was enjoined by Ibrâhîm (Abraham) upon his sons and by Ya'qûb (Jacob) (saying), "O my sons! Allâh has chosen for you the (true) religion, then die not except in the Faith of Islâm (as Muslims Islâmic Monotheism)."
Then one should state what he wishes to bequeath, within onethird of their wealth. The bequeather should clarify the legal apportionments of the bequest and determine who shall be the executor. Making a will is not obligatory, but desirable for whoever would like to leave bequest. It is reportedin the Two Sahih (authentic) Books of Hadith (i.e. AlBukhari and Muslim)on the authority of Ibn `Umar (may Allah be pleased with them) that the Prophet (peace be upon him) stated:
It is inappropriate for a Muslim who desires to leave a bequest to stay for two nights without having their will written and kept with them.
However, if one has undocumented debts or rights for others, they should clearly state them in his will so as not to consume people's rights unlawfully. And the will should be deposed by two upright witnesses. Moreover, the legator should write it before and have it ratified by reliable people of knowledge so that it may become accredited. The legator should also not solely rely on his own handwriting, for his handwriting might be misread or difficult to recognize by the reliable people. May Allah grant us success!