Is Al-wasiyyah an Abrogated Institution under Al-Fara'id ?( Part 2)

 *📚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 tandem with various aḥādith in which the Prophet advised the dying Companion  who sought his opinion on what to give out as legacy or bequest. He told him that leaving his heirs wealthy is better than leaving them poor. This was the views of our mother ‘Āishah, Khalīfah Ali bn Abī Ṭālib ,some Sahābah and jurists. It must also be noted that, invariably, according to Islamic law of inheritance, Al-Waṣiyyah’s  provision takes precedence over apportioned shares to be taken by the legal heirs, that is, the fulfillment of Al-Waṣiyyah is one of the preconditions of  al-Mīrāth  to be settled in reference to Allāh’s injunction in Q4 verses 11 and 12 where He says: “……after the payment of legacy (bequest) or debt…..” 
In conclusion, Al-Waṣiyyah is not abrogated but becomes a recommendatory act of inheritance to soothe non-heirs after the death of the testator.  Inshā’ Allāh, lessons on Al-Waṣiyyah as scheduled continues in our next class. 
Jazākumullāhu Khayran for reading today’s lesson.  
Yours in Islām  
©Busari Muhammad Jamiu (Abū  ‘Ᾱishah)
The Instructor (+2348023670884)
Join Us On:
•  Facebook: https://www.facebook.com/alfaraidonlineforum/?ref=bookmarks
•  Telegram: https://t.me/AlFaraidOnlineForum  
•  WhatsApp: https://chat.whatsapp.com/D6051FtZNQhFikgmkyOQ4 
•  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/6sCcBmo3

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