Daily Lesson

Bismillāhi Rahmāni Rahīm 
You are welcome to today's class on inheritance law in Islām.
Date:   3rd  Jumādah Thānnī , 1441 A H /  27th    January, 2020
Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories  
Lesson:   45
Topic:  Revision on Will or Bequest Writing in Islām (Al-Waṣiyyah)
Sub-Topic: Conditions, Features and Benefits of  Al-Waṣiyyah (Bequest/Will): Part 1
As students of Islām, it’s imperative upon us to be acquainted with the conditions, features and benefits of  Al-Waṣiyyah. Generally, as inferred from Qur’anic provisions and aḥādith of the Prophet, the following are deduced by majority of scholars as conditions, features, benefits and restrictions of Al-Waṣiyyah:
1.  Bequest was mandatory before the revelation of the verses of inheritance.
2.  The Waṣiyyah verses were abrogated by inheritance verses in the cases of legal heirs but remain valid in favour of non- heirs.
3.  Al-Waṣiyyah is voluntary and recommendatory as a form of Istiḥsān (Equity or doing good).
4.  The maximum bequeathal a Muslim can give out as bequest or will is one-third of his property.  
5.  There is no Waṣiyyah for the Qur’ānic fixed sharers because the Prophet was reported to have said “there is no bequest for the Legal Heir”
6.  Bequest is unacceptable and has no merit when the wealth of the testator is meager and infinitesimal.
7.  Bequest in Islām must be Sharī‘ah-Compliant wills in the sense that a prospective testator (al-Mūṣiy) must be someone who owns a property, sane and a freeman who is not under captivity.
8.  A bequest is revocable by the testator at any given time before his death. 
9.  The testament of Al-Waṣiyyah must not be metaphorical (Kināyah) either in written or oral expression; hence, it must be well understood by the executors,  witnesses, the legatee and the potential heirs of the deceased.         
10.  The utmost benefits behind Al-Waṣiyyah is its adoption as a valuable tool that affords testator flexibility to bequeath assets to those he or she deems deserving; and it also meant to  safeguard the close kin who are entitled to their share under Sharī‘ah law from being disinherited.
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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