Al-Wasiyyah Continues

Bismillāhi Rahmāni Rahīm 

You are welcome to today's class on inheritance law in Islām.

Date:   29th  Jumādah al-Ullah , 1441 A H /  24th    January, 2020

Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories  

Lesson:   44

Topic:  Revision on Will or Bequest Writing in Islām (Al-Wasiyyah)

Sub-Topic: Types of  Al-Waṣiyyah (Bequest/Will)

Alhamdulillāh, in our previous classes, we have deliberated on the meaning and the origin of Al-Waṣiyyah in Islām. This week, we are looking are the types of Al-Waṣiyyah and its conditions, features, benefits and restrictions as enshrined under Islamic law. According to some scholars, there are two types of Al-Waṣiyyah; namely, specific and general bequests. Specific bequest entails a bequest made on a particular item or a special property while the general bequest is not special. They opined that the differences between the two is that the specific bequest is determined at the time the bequest is made and it must be in the possession of the testator while the general bequest is only determined at the death of the testator, that is, it must be in existence at the time of death of the testator. Furthermore,   some scholars classified Al-Waṣiyyah into following categories as follows: 

1.  Compulsory Bequest (Al-Waṣiyyah Al-Wājibah): This is a bequest that must be made by the testator if he has liabilities to discharge. These are bequests that can be made as regards someone’s arrangement for burial, or bequeathing one-third of someone’s assets to charitable works.

2.  Permissible Bequest (Al-Waṣiyyah Al-Mandūb): This is a bequest which requests a certain permissible religious acts to be performed on the testator by whomever he chooses. Example of such bequest is writing a will about certain scholars who should conduct Salat al-Janāzah after someone’s demise.

3.  Unlawful Bequest (Al-Waṣiyyah Al-Mahrūm):  This is a form of bequest requesting a forbidden action to be done after the demise of the testator or a bequest made to prejudice the heirs’ portion of the estates or meant to contribute to harām activities.

Jazākumullāhu Khaeran for reading today’s lesson. 

  Yours in Islām  

  © Abū  ‘Ᾱisha 

  The Instructor (+2348023670884)

   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.