Al-Fara'id Online Forum

Bismillāhi Raḥmāni Raḥīm  Date:16th Muharram, 1442 A H / 4th September, 2020 Subject: Al-Farā’id (The Islamic Law of Inheritance)  Lesson: 84 Topic: Al-Waṣiyyah (Sharī‘ah-compliant Will/Bequest): Part 8 Sub-Topic: Writing a Sharī‘ah-compliant Will as a Muslim (Lesson 3) Dear Participants In concluding our lessons on Writing a Sharī‘ah-compliant Will as a Muslim, we need to look at what to be done after we must have written our Will document complying with the Sharī‘ah provisions as enumerated in the last class. The following are to be done to conclude the process of writing a Sharī‘ah-compliant Will admissible at Court of law: 1. Kindly engage the services of Muslim legal practitioners or Islamic scholars who are conversant with both Islamic and Common law provisions as your attorneys.  2. Your Will would be taken to High Court of Justice precisely to be registered, documented and deposited at the Court’s Probate Registry; in other word, a testator would seek the gran...

Bismillāhi Raḥmāni Raḥīm  Date:  14th Muharram, 1442 A H / 2nd September, 2020 Subject:  Al-Farā’id (The Islamic Law of Inheritance)  Lesson: 83 Topic:  Al-Waṣiyyah (Sharī‘ah-compliant Will/Bequest): Part 8 Sub-Topic:  Writing a Sharī‘ah-compliant Will as a Muslim (Lesson 2) Dear Participants, Glory be to Allah. In out last class, we spelt out the meanings of Sharī‘ah-compliant Will and non-Islamic State. It is now imperative to look at the modalities that could be adopted by a Muslim living in non-Islamic state to write his Wasiyyah and make it valid and tenable in the Court of law after his demise. We must bear it in mind however, that, as we exemplified previously, the Common law Will and its content are not the same as Sharī‘ah-compliant Will because in Islām, a Muslim cannot use his or her Will to decimate or share his property while alive as obtainable in Common law, but, he could use it to give out one-third (Thuluth) of his total estate discretional...

Bismillāhi Raḥmāni Raḥīm  Date:  12th Muharram, 1442 A H / 31st August, 2020 Subject:  Al-Farā’id (The Islamic Law of Inheritance)  Lesson: 82 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 8 Sub-Topic:  Writing a Sharī‘ah-Compliant Will as a Muslim (Lesson 1) Dear Participants, This week Inshā’ Allāh, we are looking at phenomenon through which a Muslim can write a Sharī‘ah-Compliant Will (Al-Waṣiyyah) that will be admissible at Courts of law especially for those Muslims living in non- Sharī‘ah Countries or non-Islamic State.  To start with, what is Sharī‘ah-Compliant Will and non-Islamic State? A Sharī‘ah-Compliant Will is the testamentary document (Bequest) written by a Muslim (Testator) in accordance with the laid down rules in the Qur’ān and Sunnah. Such Will is not written purposefully to favour the legal heirs, does not exceed one-third of the total estate and the content is not sinful. In essence, a   Sharī‘ah-Compliant Wi...

Bismillāhi Raḥmāni Raḥīm  Date:  7th Muharram, 1442 A H /  26th August, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   81 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 7 Sub-Topic:  Similarities and Differences of Al-Waṣiyyah (Bequest) and Common Law Will (Lesson 3) Dear Participants, In our last class, we enumerated some similarities between Al-Wasiyyah and the Common law Will. Today,  Inshā Allāh, we are looking at the differences between the two and what distinguished the former from the latter as the most appropriate method of writing Will in term of content, application and appropriateness. In nutshell, some of the differences between the two are: 1. Al-Wasiyyah was divinely promulgated by Allah (See Q2: 180-182); hence, its uniformity while the Common  law Will world over was a product of man’s discretion; hence its discrepancy from a county to the other. 2. The maximum bequeathal a M...

Bismillāhi Raḥmāni Raḥīm  Date:   2nd Muharram, 1442 A H / 21st August, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   80 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 7 Sub-Topic:  Similarities and Differences of Al-Waṣiyyah (Bequest) and Common Law Will (Lesson 2) Dear Participants, Alhamdulillah, in our last class, we started the discourse on the similarities and the differences between Islamic Will (Al-Waṣiyyah) and Common law Will where we discussed distinctly the definition of each. In continuance of this, Inshā’ Allāh today, we are looking at the similarities between the two; these include:  1.  Al-Waṣiyyah and Common law Will are ambulatory, that is, they become effective and operational after the death of the deceased (Testator) 2.  Both are revocable before the death of the testator. That is, the deceased has the right to change the content of the Will in accordance with the ...

Bismillāhi Raḥmāni Raḥīm  Date:   28th Dhul-Hijjah, 1441 A H / 18th August, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   79 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 7 Sub-Topic:  Similarities and Differences of Al-Waṣiyyah (Bequest) and Common Law Will (Lesson 1) Dear Participants, Alhamdulillāhi, in cognizance of what we have learnt so far as regards Al-Waṣiyyah in Islām, it is imperative for us to discuss the differences and similarities between Islamic Will and Common law Will. This, without mincing words is necessary because millions of Muslims world over are living under the process of legal pluralism in a manner whereby Islamic Law( Sharī‘ah) are sometimes subjected to scrutiny, domestication  as customary law or facing superior imposition of colonial rules especially in Muslim countries where Sharī‘ah is not in force. Nonetheless, we need to explore an avenue of opening the eyes of...