Features of Al-Wasiyyah

Bismillāhi Rahmāni Rahīm 
You are welcome to today's class on inheritance law in Islām.
Date:   5th  Jumādah Thānnī , 1441 A H /  29th    January, 2020
Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories  
Lesson:   46
Topic:  Revision on Will or Bequest Writing in Islām (Al-Waṣiyyah)
Sub-Topic: Conditions, Features and Benefits of  Al-Waṣiyyah (Bequest/Will): Part 2
Previously, we mentioned some key points on the conditions, features and benefits  of  Al-Waṣiyyah. However, complimentarily, other valuable points we need to know as Muslims include:
1.  Al-Waṣiyyah  is only executable after the death of Al-Mūṣiy (Testator).
2.  There is no bequest for the heir.
3.  The Legatee (Al-Mūṣā lahu) must be in existence at the time of death of the testator. However, if the legatee dies before the testator , the Waṣiyyah is void and invalid, but if he or she dies after the death of the testator but has not taken the possession of the Waṣiyyah, the heirs of the legatee has the rights to succeed into his or her rights in the testament. 
4.  The legal heirs have no right to partially or fully reject the testament of the Waṣiyyah once it does not prejudice their rights.
5.  Al-Waṣiyyah  is valid, binding and effective if it does not violate the right of the legal heirs; hence, Sharī‘ah Court has the right to nullify discriminatory  bequest at the consent of the heirs.  
6.  The benefits of Waṣiyyah especially in this modern civilization is that it displaced customary practices and unholy statutory provisions and also grants positive display of wishes in as much it does not contradicts Sharī‘ah. 
7.  In Islām, a valid will must be attested to willingly by at least two witnesses who are appointed as will-executors. They must be trustworthy(Q5:105-106) and the Waṣiyyah must not be tempered with by anyone; either the legal heirs, the beneficiaries or the will executors (Q2:181) and if any disagreement arise, a third party could be accepted to settle the dispute(Q2:182)
8.  Al-Waṣiyyah  gives non-Inheriting relatives such as adopted child and non-biological parents leverages of being legitimately enriched and accommodated into testator’s largesse. 
9.  There must be an existence of a genuinely written will by the testator or a witnessed verbal pronouncement attested to by relatives as made by the testator while the Sīqah (pronouncement) of Ijāb and Qubūl- offer and acceptance- is necessary.
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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