Al-Wasiyyah and Common Law Will: Differences and Similarities (Part 1)

 Bismillāhi Rahmāni Rahīm 
You are welcome to today's class on inheritance law in Islām.
Date:   7th  Jumādah Thānnī , 1441 A H /  31st     January, 2020
Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories  
Lesson:   47
Topic:   Al-Waṣiyyah (Bequest) and Common Law Will Writing and Execution 
Sub-Topic:  The Similarities and Differences (Part 1)
Alhamdulillāhi, in the last two weeks, we have enunciated the definitions, origin, types, features and benefit of  Al-Waṣiyyah in Islam. It is then 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, domesticated 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 Muslims living under such atmosphere that, the Sharī‘ah implementation especially in the matters of Muslim Family or personal law (Ahwāl  Al-Shakhsiyyah) is possible and could be activated. Therefore, we must explain the two phenomena inshā Allāh. We have said that  Al-Waṣiyyah as a micro-institution of Islamic Inheritance system  which entails a legal document that outlines  how one’s estate is to be distributed in the event of affairs after the demise of the testator according to Islamic law (Sharī‘ah). Then, what is Will under common law?
         Under common law, a Will is a declaration intended to have legal effect of the intentions of a testator with respect to his property or other matters which he desires to be carried into effect after his death. Accordingly,  It is also seen as a testamentary and revocable declaration in a prescribed form which  declares the intention and directives of the testator concerning his property as he deems fit. It is also believed that there are convergent and divergent laws guiding the writing, application and execution of Common law Will against the uniformity of Al-Waṣiyyah as enshrined in Q2:180-182.
Inshā Allāh, the class continues next week.
Jazākumullāhu Khaeran for reading today’s lesson. 
Yours in Islām  
© Abū  ‘Ᾱisha 
The Instructor (+2348023670884)
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References: Yusuf, A. R. and Sheriff, E. E. O, Succession Under Islamic Law, Al-Jibali,  M,  Inheritance Regulation and Exhortation, Doi, A.I, Shariah: The Islamic Law and Ambali, M. A, The Practice of Muslim Family Law in Nigeria, 2nd ed.

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