Does Islamic Law Permit the Use of Living Wills?

 Posted on February 25, 2025 in Estate Planning

A living will may also be called an advance directive and is an important part of an estate plan. Your living will tells health care professionals whether you want heroic measures used to keep you alive when you have a terminal illness and cannot state your wishes. Unlike a healthcare power of attorney, an advance directive only applies if you have a terminal condition – any incurable or irreversible condition that means any death-delaying procedures will only prolong the dying process.

Even if you have a living will or advance directive, food and water cannot be withheld if that would be the only cause of death. If you are pregnant and the health care professional believes you could have a live birth, the living will may not go into effect. Islamic law permits the use of living wills as described more fully below. If you are considering an estate plan, including a living will, having an Oakbrook Terrace, IL estate planning attorney from Farooqi & Husain Law Office can make a difference.

Muslim Estate Planning Regarding Living Wills

When planning an estate, including a living will, Muslims must consider the impact of Islamic inheritance laws. When Muslim law is unclear regarding living wills or other estate planning issues, an Imam should be consulted. Under Islamic law, physicians primarily make health decisions, and if that decision enables restoration of health, it should be taken.

However, if a medical decision will only keep a person alive but will not restore health, it is not necessary. If the only result of a medical decision is to keep a person on life support – alive, but only through artificial means – then while such a decision is not mandatory, heroic measures may be taken if the family agrees.

How is Death Defined and Who Should Be the Agent in a Muslim’s Living Will?

Death, in Islam, occurs when the soul leaves the body, but since there is little certainty on the exact moment, death is determined by the physical signs. Muslim faith teaches that nothing can save a person when his or her moment of death arrives and that God decides when life will end. Most Muslim countries accept the criteria for brain death as death.

Under Islamic law, the agent who should be chosen to make healthcare decisions on behalf of an individual should be that person’s parents. This is true regardless of the parents' age because of the importance afforded by Islam to one’s parents. Clarification on this issue can come through consultation with an Imam.

What About Organ Donation?

Islamic scholars generally believe organ donation is allowed under certain circumstances. The Quran says, "If anyone saves a life, it is as if he saves the lives of all humankind." Many Muslims interpret this to mean that donating one’s organs is a blessed act. In 1995, the Sharia Council UK issued a fatwa that stated organ donation is allowed.

Yet another opinion holds that organ donations from a deceased Muslim are only allowed to another Muslim if his or her life depends on it and that non-Muslim organ donations are prohibited. Typically organ transplantation in Muslim countries usually involves kidney donations from living relatives, although organ donation from the deceased continues to increase.

Contact a DuPage County, IL Estate Planning Attorney

If you have questions regarding your living will or another part of your estate plan, contact a highly skilled Oakbrook Terrace, IL estate planning lawyer from Farooqi & Husain Law Office. Attorney Husain couples his legal experience with his broad knowledge of Islamic estate planning, providing him with a unique perspective. Attorney Farooqi is also an experienced estate planning attorney with a deep understanding of the intersection of Islamic law and U.S. law. Call 630-909-9114 to set up an initial attorney meeting.