Writing Islamic Will as a Muslim in non-Islamic State (Part 1)

Bismillāhi Rahmāni Rahīm 
You are welcome to today's class on inheritance law in Islām.
Date:   16th Jumādah Thānnī , 1441 A H /  10th February, 2020
Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories  
Lesson:   50
Topic:  How can a Muslim write a Shari ‘ah-Compliant Will in non-Islamic State? (Part 1)

Alhamdulillāhi  for  the guidance of Islām. In the last two weeks, we have enunciated the meaning, concept and features of Islamic Will (Al-Wasiyyah) and the Common Law Will. We also enumerated the few similarities and differences among the two processes. This week, we are looking at a phenomenon whereby a devoted Muslim living in non-Islamic State would write a Shari‘ah-Compliant Will and would be admissible and valid in the operational Courts of law and legal systems where Shari‘ah is mostly not applicable. To start with, what is Shari‘ah-Compliant Will and what do we mean by non-Islamic State? 
     A Shari‘ah-Compliant Will is the testamentary document (Bequest) written by a Muslim (Testator) in accordance with the laid down rules in the Qur’ān and Sunnah. Such Will is not written purposefully to favour the legal heirs, does not exceed one-third of the total estate and the content is not sinful. In essence, a  Shari‘ah-Compliant Will is written by the owner of the property discretionally to soothe the non-heirs (such as the deceased’s non-Muslim children, parents or wives), for the cause of Allah’s religion, for humanity and so on.    
        On the other hand, for clarity, a non-Islamic State is a sovereign nation where lived Muslims as citizen, migrants or sojourners  but are subjected to the whims and caprices of either alien or customary systems of law in which little or no room is given to Shari‘ah (Islamic law) to thrive. In such state, Shari‘ah might not be recognized at all or be subjugated and categorized as a customary law and its operation restricted to family law. Examples of these nation are mostly African and Asian countries colonized by the Europeans; in which the alien legal systems were imposed and the existing Shari‘ah system is subdued or reformed to suit the purpose of colonization.
        Inshā Allāh, in our next classes, the fate of Muslims living under these dilemmas as regards Will writing shall be discussed and these shall be done in piece-meal for better assimilation.
Jazākumullāhu Khaeran for reading today’s lesson. 
Yours in Islām  
© Abū  ‘Ᾱisha 
The Instructor (+2348023670884)
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