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)
Join Us On:
•  Facebook: https://www.facebook.com/alfaraidonlineforum/?ref=bookmarks
•  Telegram: https://t.me/AlFaraidOnlineForum  
•  WhatsApp: https://chat.whatsapp.com/Krj4J7TFsHZ1LpRfJGT6mh 
•  LinkedIn: https://www.linkedin.com/in/al-faraid-online-forum-islamic-inheritance-law  
•  WordPress:  www.alfaraidonlineforum.wordpress.com  
•  Twitter: www.twitter.com/@alfaraidforum  
•  Blogger: https://alfaraidonlineforum.blogspot.com 
•  Wix: https://wix.to/6sCcBmo

Comments

Post a Comment

Popular posts from this blog

Inheritance of a Missing Person under Islamic Law by Abu Aisha (Part 2)

Bismillāhi Rahmāni Rahīm  Date:   21st Rajab, 1441 A H / 16th March, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   56 Topic: Inheritance of the Missing Heir (Mīrāth Al-Mafqūd): Part 2   You are welcome to today's class on inheritance law in Islām!!! In our last class, we defined who Al-Mafqūd is. He or she is someone whose whereabouts are unknown and it is not certain whether he or she is alive or dead. We also said that there are a lot of contentious debates among the four schools of thought and various jurists as regard whether the missing person can be a beneficiary of estate devolution as a potential heir or would he or she be inherited in absence by his legal heirs.  In solving these questions, the scholars propounded verdicts on the waiting period, Al-Mafqūd’s shares as heir, appearance of Al-Mafqūd and the Iddah of Al-Mafqūd’s wife/wives. However, due to limited space, we shall be discussing the verdicts one after the other: Waiting P
Read more

Weekend's Questions and Answers Session on Inheritance Law in Islam

Salam Alaykum Warahmatullah Wabarakatuh. Dear participants, all our platforms are now opened for weekend's questions and answers session. Please don't post unnecessary messages on the platforms to avoid been sanctioned. You can join the session and contribute or ask questions on inheritance cases in Islam and in our contemporary world as affects Muslims through all these platforms👇👇                                            •  Facebook: https://www.facebook.com/alfaraidonlineforum/?ref=bookmarks •  Telegram: https://t.me/AlFaraidOnlineForum   •  WhatsApp: https://chat.whatsapp.com/Krj4J7TFsHZ1LpRfJGT6mh  •  LinkedIn: https://www.linkedin.com/in/al-faraid.online-forum-islamic-inheritance-la-2972351aO  •  WordPress:  www.alfaraidonlineforum.wordpress.com   •  Blogger: https://alfaraidonlineforum.blogspot.com  •  Wix: https://wix.to/6sCcBmo Jazakumullahu khayran. Yours in Islam @Abu Aisha The Instructor.
Read more

Similarities and Differences between Al-wasiyyah and Common law Will (Part 3)

Bismillāhi Raḥmāni Raḥīm  Date:  7th Muharram, 1442 A H /  26th August, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   81 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 7 Sub-Topic:  Similarities and Differences of Al-Waṣiyyah (Bequest) and Common Law Will (Lesson 3) Dear Participants, In our last class, we enumerated some similarities between Al-Wasiyyah and the Common law Will. Today,  Inshā Allāh, we are looking at the differences between the two and what distinguished the former from the latter as the most appropriate method of writing Will in term of content, application and appropriateness. In nutshell, some of the differences between the two are: 1. Al-Wasiyyah was divinely promulgated by Allah (See Q2: 180-182); hence, its uniformity while the Common  law Will world over was a product of man’s discretion; hence its discrepancy from a county to the other. 2. The maximum bequeathal a Muslim (Testator) can give out as testamentary disposition (
Read more