Al-Fara'id Online Forum

Bismillāhi Raḥmāni Raḥīm  Date:8th Dhul-Hijjah,1441A.H /29th July, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   74 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 3 Sub-Topic: Pillars of Al-Waṣiyyah  Dear Participants, In our last three classes, we have defined Al-Waṣiyyah and made it known that Al-Waṣiyyah is not abrogated nor obligatory but recommendatory under Islamic Law of Inheritance.  Today, Inshā’ Allāh we are examining the pillars of Al-Waṣiyyah under Sharī‘ah. Al-Waṣiyyah would not be valid and binding without the presence of some fundamental pillars on which the Will-making and execution procedures hinged. These pillars are: a.  The Testator (al-Mūṣiy): Someone who bequeathed properties to someone.  b.   The Legatee (al-Mūṣā  lahu): This is the beneficiary of the Al-Waṣiyyah  c.  The Willed Property (al-Mūṣā bihi). This is the property from which the testamentary will be executed. d.  The Appointed Will Executor or Administrator (Al-Wālī

 *📚Bismillāhi Raḥmāni Raḥīm📚* Date:   6th  Dhul-Hijjah, 1441 A H /  27th  July, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   73 Topic:  Al-Waṣiyyah (Shariah-Compliant Will/Bequest): Part 2 Sub-Topic: Is Al-Waṣiyyah an Abrogated Institution in Al-Farā’id ? (Lesson 2) Dear Participants, In our last lesson, we started a discussion on the legal standing of Al-Waṣiyyah as abrogated or not, and today Inshā’ Allāh we intend to conclude it. On this discourse, majority of Ṣahābah such as  Ibn ‘Umar, Ibn  ‘Abbās,  Ibn Zayd and some scholars believed that the obligation of  Q2:180-82 has been abrogated and replaced with inheritance verses; hence, Al-Waṣiyyah (bequest) remain recommendatory in as much it does not infringe upon the  rights of the legal heirs and does not exceed one-third of the estate.   Muslim jurists also unanimously agreed that quantum of wealth or property of which a bequest or legacy can be bequeathed with  equity must be an abundant wealth in tande

*📚Bismillāhi Raḥmāni Raḥīm📚* Date:   1st   Dhul-Hijjah, 1441 A H /  22nd  July, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   72 Topic:  Al-Waṣiyyah (Shariah-Compliant Will/Bequest): Part 2 Sub-Topic: Is Al-Waṣiyyah an Abrogated Institution in Al-Farā’id ? (Lesson 1) Dear Participants, In our last class, we defined Al-Waṣiyyah among other definitions as a process of gifting out a portion of someone estate to other contingent as a form of sadaqah to be taken over after someone’s death. In essence, Al-Waṣiyyah is a micro-institution of Islamic Inheritance system which entails a legal document that outlines how one-third (Thuluth) of one’s estate is to be distributed in the event of affairs after the demise of the testator according to Islamic law (Sharī‘ah). However, today, we are looking at the legal standing of Al-Waṣiyyah under Sharī‘ah, is it an abrogated institution or not? Al-Waṣiyyah practice preceded the revelation of Qur’anic inheritance verses (Ᾱyāt A

*📚Bismillāhi Raḥmāni Raḥīm📚* Date:   28th  Dhul-Qahdah, 1441 A H /  20th July, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   71 Topic:  Al-Wasiyyah (Shariah-Compliant Will/Bequest): Part 1  Sub-What is Al-Wasiyyah? Dear Participants, Last week, we highlighted themes to be learnt under Al-Wasiyyah. Alhamdulillahi, today we are looking at the meaning of Al-Wasiyyah under Islamic law. Al-Wasiyyah simply means bequest, earmarking part of someone’s property as a gift for a beneficiary while alive, a process of gifting out a portion of someone estate to other contingent as a form of sadaqah to be taken over after someone’s death and so on. It comes from a word “Wasah” which means to “to bequest” and “to appropriate something for someone” Technically under Sharī’ah,  Imām al-Shāfi‘i was reported to have defined  Al-Waṣiyyah  as “the means of authorizing possession of one’s wealth or possession to someone else after one’s death by way of charity (Tabāru’)” while Imām