بِسۡمِ اللهِ الرَّحۡمٰنِ الرَّحِيۡمِ
The Islamic will, known as al-wasiyyah, is a crucial aspect of Islamic law that comes into effect after the testator's death. This article provides a concise overview of the key elements and principles governing Islamic wills.
Importance of Islamic Wills
The significance of creating an Islamic will is emphasized in Islamic teachings:
• Prophet Muḥammad (
) stated that Muslims should not let two nights pass without writing a Will.
• A just Will can seal the goodness of one's deeds, while an unjust Will can lead to negative consequences in the afterlife.
Key Components of an Islamic Will
The Testator (Al-Musi)
• Must be an adult Muslim with sound reasoning ability.
• Should have legal capacity to dispose of bequeathed property.
• Must be of sane mind and not under compulsion.
The Legatee (Al-Musa Lahu)
• Generally must exist at the time of the testator's death.
• Must be capable of owning the bequest.
• Acceptance or rejection of the bequest is only relevant after the testator's death.
Limitations on Bequests
1. Quantity limitation: A testator cannot bequest more than 1/3 of their net estate unless other heirs consent.
2. Heir limitation: Under traditional Sunni law, bequests to legal heirs are invalid without other heirs' consent.
Executor of the Will (Al-Wasi Al-Mukhtar)
• Appointed by the testator to manage the estate.
• Should be trustworthy and truthful (Hanafi and Maliki schools) or just (Shafi'i school).
• Can be Muslim or non-Muslim (according to Hanafi school).
Formalities of an Islamic Will
• Can be oral or written.
• Requires clear intention that it is to be executed after death.
• Should have two witnesses for the declaration.
• Is executed after payment of funeral expenses and debts.
Execution of the Will
The Will is executed in the following order:
1. Payment of funeral expenses
2. Payment of debts
3. Execution of valid bequests (up to 1/3 of the estate)
4. Distribution of remaining estate to legal heirs according to Islamic inheritance laws
Legal Considerations
• In countries where intestate succession laws differ from Islamic law, writing a Will becomes crucial.
• The will can clarify joint accounts, appoint guardians for children, and address other important matters.
Acceptance and Rejection
- Legatees can accept or reject bequests only after the testator's death
- If a legatee dies before accepting or rejecting, the bequest may pass to his heirs (varies by school of thought)
By following these guidelines, Muslims can ensure that their assets are distributed in accordance with Islamic principles, fulfilling their religious obligations and potentially earning great rewards in the afterlife.
Conclusion
The Islamic can serve as a vital instrument for Muslims to ensure their assets are distributed according to their wishes and in compliance with Islamic principles. It provides an opportunity to support those who may not be legal heirs and to clarify important matters related to one's estate.
Dr. A. Hussain