Writing Islamic Will as a Muslim in non-Islamic State (Part 3)

 Bismillāhi Rahmāni Rahīm 
You are welcome to today's class on inheritance law in Islām.
Date:   22nd  Jumādah Thānnī , 1441 A H /  17th February, 2020
Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories  
Lesson:   52
Topic:  Writing a Shari ‘ah-Compliant Will as a Muslim in non-Islamic State? (Part 3)
Alhamdulillāhi! Last week, we had two classes on how a Muslims living in non-Islamic State could write a Shari ‘ah-Compliant Will that could be admissible at the Courts of Law. We made it clear that there is no compatibility between Islamic Will and Common Law Will in term of content, application and execution. It was also made clear that under these circumstances, a Muslim can still manage to follow the dictates of his or her religion as regards inheritance law especially on Will writing and application.
However, as explained then (See the Part 1 and 2), what are we going to do after writing the will as dictated by Islām. It was said that the written Shari‘ah-Compliant Will would be taken to High Court of Justice precisely to be registered, documented and deposited at the Court’s Probate Registry; in other word, a testator would seek the grant of probate (which would be granted by the Courts) to be validated by his relatives or appointed administrator after his demise through application. The questions then would be, what is probate and Probate Registry? Probate is the legal process of settling a deceased person’s estate under the supervision of Courts while the  Probate Registry is a section in Court where all activities related to obtaining legal documents to facilitate the legal administration and management of deceased’s estates either testacy or intestacy takes place.
Inshā Allāh, may Allah guide, the explanation on what to be done in the probate registry continues,
Jazākumullāhu Khayran for reading today’s lesson. 
Yours in Islām  
© Abū  ‘Ᾱisha 
The Instructor (+2348023670884)
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