Al-Wasiyyah and the Common Law Will: Part 2

  Bismillāhi Rahmāni Rahīm 
You are welcome to today's class on inheritance law in Islām.
Date:   10th Jumādah Thānnī , 1441 A H /  3rd    February, 2020
Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories  
Lesson:   48
Topic:   Al-Waṣiyyah (Bequest) and Common Law Will Writing and Execution 
Sub-Topic:  The Similarities and Differences (Part 2)
Alhamdulillah, last week 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, we are looking at the similarities between the two as follow:
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 law that guided each process
3.  The pillars inherent in both processes to become valid are the “Testator”, the “Legatee” (that is, the beneficiary of the will) and the “Will Testament” (that is, the content)
4.  Al-Waṣiyyah and Common law Will is tenable if they are written or pronounced by the testator who is sane and possess mental capability and was not under undue influence while making the will. 
        However, the aforementioned are the only known similarities that existed between the Al-Waṣiyyah and Common law Will. There exist numerous differences which distinguished Al-Waṣiyyah from Common law Will in term of content, execution and application and Inshā Allāh these would be our focus in the next class.
Jazākumullāhu Khaeran for reading today’s lesson. 
Yours in Islām  
© Abū  ‘Ᾱisha 
The Instructor (+2348023670884)
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