Writing your Islamic will in Germany — Berliner Testament + Wasiyyah. A practical step-by-step guide for Muslim families living and settling in Germany.
If you die in Germany without a will, German inheritance law (BGB) automatically decides who gets your assets. This often conflicts with Islamic law (Faraid).
In Germany, dying without a will means the court follows "gesetzliche Erbfolge" (legal succession). A written will gives YOU full control over your estate and ensures your Islamic wishes are respected.
| Topic | German Law (BGB) | Islamic Law (Faraid) |
|---|---|---|
| Spouse share | Between 1/4 and 1/2 depending on children | 1/8 for wife, 1/4 for husband |
| Children | Equal shares for all children | Son gets double daughter's share |
| Parents | Inherit if no children | Always get a fixed share |
| Non-Muslim heirs | Can inherit | Cannot inherit |
| Charitable gift | No limit | Maximum 1/3 of estate |
| Notarisation | Required for notarial will only | Not required but recommended |
German law ALWAYS takes legal priority. However, you can use German law tools — like the Berliner Testament — to achieve an outcome that closely follows Islamic principles.
Option A — Berliner Testament
For married couples (§ 2265 BGB). Surviving spouse inherits everything first, then children inherit. Both spouses sign one document. Can be handwritten or notarised.
Option B — Individual Wasiyyah
For anyone — married or single. States Islamic faith and funeral wishes. Can include up to 1/3 charitable gifts. Must be entirely handwritten and signed.
Recommendation: If married, use the Berliner Testament. If single, or want a personal Islamic document alongside your Berliner Testament, write a separate Wasiyyah. Both can exist together.
Full names and dates of birth of all beneficiaries, list of all assets (property, bank accounts, business shares), outstanding debts, and charitable intentions.
Married? Use Berliner Testament. Single or want an individual Islamic will? Use the Wasiyyah template. You can use both together.
EVERY word must be handwritten by you — not typed, not printed. Include date and place at the top. Sign at the bottom with your full name.
"I am a Muslim. I request that Islamic funeral rites be observed including Ghusl, Kafan, Janazah prayer, and burial in a Muslim cemetery as soon as possible. No cremation."
List who gets what with full legal names, percentages or amounts. For property: full address. For accounts: bank name. For business shares: company name and percentage.
Name a trusted person as your Wasi (Testamentsvollstrecker in German law). Also name a substitute in case your first choice cannot serve.
Provides legal certainty, prevents disputes, registers your will with the Zentrales Testamentsregister. Cost: approx. EUR 100–300.
Keep original in secure location. Tell executor where it is. Consider depositing with the Amtsgericht (district court) for approx. EUR 75.
This is a template guide only. Your actual will MUST be written entirely by hand — not typed. Replace all [BRACKETED] fields with your real information.
بسم الله الرحمن الرحيم
GEMEINSCHAFTLICHES TESTAMENT — BERLINER TESTAMENT
Joint Islamic Married Couple's Will (Wasiyyah) — gemäß § 2265 BGB
1. Testators
Husband full name: [FULL NAME] · Date of birth: [DD.MM.YYYY]
Wife full name: [FULL NAME] · Date of birth: [DD.MM.YYYY]
Address: [FULL ADDRESS, CITY, GERMANY]
Date: [DD.MM.YYYY] · Place: [CITY], Germany
2. Declaration of Faith
We both declare that we are Muslims. We request that upon the death of either of us, all Islamic rites be strictly observed: Ghusl, Kafan, Janazah prayer, and burial in a Muslim cemetery as soon as possible. No cremation under any circumstances.
3. Settlement of Debts
Before any distribution, all debts shall be settled: personal loans, business debts, unpaid Zakat, Kaffarah, Hajj expenses, and pending Mahr.
4. First Death — Spouse Inherits
Upon the death of either spouse, the SURVIVING SPOUSE shall inherit the ENTIRETY of the deceased's estate as sole universal heir (Alleinerbe).
5. Second Death — Children Inherit
Child 1: [FULL NAME], DOB: [DD.MM.YYYY] — [SHARE %]
Child 2: [FULL NAME], DOB: [DD.MM.YYYY] — [SHARE %]
Child 3: [FULL NAME], DOB: [DD.MM.YYYY] — [SHARE %]
If any child is a minor, their share shall be held by [TRUSTEE NAME] until age 18.
6. Property
Property address: [FULL ADDRESS]
First death: Full ownership transfers to surviving spouse.
Second death: Full ownership transfers equally to all children named above.
7. Executor (Wasi) / Testamentsvollstrecker
Primary: The surviving spouse
Substitute: [FULL NAME, RELATIONSHIP]
8. Guardian for Minor Children
Primary: [FULL NAME, RELATIONSHIP]
Substitute: [FULL NAME, RELATIONSHIP]
9. Charitable Bequest (Optional — max 1/3)
[___]% of net estate to: [ORGANISATION / CAUSE]
10. Signatures
Husband: ________________________ Date: ____________ Place: ____________
Wife: ________________________ Date: ____________ Place: ____________
Must be written entirely by hand. For individuals — single, divorced, widowed, or as a supplement to the Berliner Testament.
بسم الله الرحمن الرحيم
This is my Wasiyyah (Islamic Will) written on [DATE] in [CITY], Germany.
I, [FULL NAME], born on [DD.MM.YYYY], residing at [FULL ADDRESS], Germany, hereby declare this to be my Last Will and Testament.
Declaration of Faith
I declare that I am a Muslim. I request that upon my death: Ghusl, Kafan, Janazah prayer, and burial in a Muslim cemetery as soon as possible. No cremation.
Settlement of Debts
Before any distribution: settle all personal debts, unpaid Zakat, Kaffarah, Hajj expenses, and pending Mahr.
Distribution of Assets
1. To [FULL NAME] ([RELATIONSHIP]): [ASSET OR %]
2. To [FULL NAME] ([RELATIONSHIP]): [ASSET OR %]
3. To [FULL NAME] ([RELATIONSHIP]): [ASSET OR %]
Charitable bequest: [___]% of net estate to [ORGANISATION] (max 1/3)
Executor (Wasi)
Primary: [FULL NAME]
Substitute: [FULL NAME]
Signature
Signed by my hand on [DATE] in [CITY], Germany.
Signature: ________________________
Full name: ________________________
| Mistake | Why it matters | How to fix |
|---|---|---|
| Assuming spouse automatically inherits everything | In Germany, children have legal claim too | Write Berliner Testament giving spouse everything first |
| Writing the will on a computer | Invalid — handwritten wills must be 100% handwritten | Write every word by hand, or use a Notar |
| Not including Islamic funeral wishes | Hospitals follow German default — not Islamic rites | Include explicit Ghusl, Kafan, Janazah, cemetery wishes |
| Not updating after major life events | Old will may not cover new property or children | Review every 2–3 years |
| Leaving more than 1/3 to charity | Islamic law limits charitable bequests to 1/3 | Keep charitable portion at or below 1/3 |
| Not appointing a guardian | German court appoints one — may not share your values | Always name a guardian for minor children |
| Being vague about assets | "My savings" causes legal delays | Name specific accounts, addresses, shareholdings |
May Allah grant you and your family barakah, health, and ease.
آمين