Pillars of Al-wasiyyah

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   Al-Mukhtār). In legal term, he is an appointee of the testator charged to execute his wishes after death. This appointed trustee has the right to reject or accept the offer within the life time of the testator.  
e.  Al-Shuhadāi (Witnesses) to the Wasiyyah. As agreed by majority of scholars in conformity with Allāh’s injunction in Q5:106-108, there must be at least two witnesses who would attest to the content of Wasiyya testament.
f.  The Sīqah (Statement or testament of the will) must be made clear, understandable by the testator, the legatee, the Will executor and the witnesses.
Inshā’ Allāh we continue on the rules and conditions guiding  Al-Waṣiyyah execution in the next class.  
Jazākumullāhu Khayran for reading today’s lesson.  
Yours in Islām  
©Busari Muhammad Jamiu (Abū  ‘Ᾱishah)
The Founder/Instructor (+2348023670884) 
Join us on:
•  Facebook: https://www.facebook.com/alfaraidonlineforum 
•  Telegram: https://t.me/AlFaraidOnlineForum  
•  WhatsApp: https://chat.whatsapp.com/D58vLtrZzxP7DaoeTIYU9V 
•  LinkedIn: https://www.linkedin.com/in/al-faraid-online-forum-islamic-inheritance-law-2972351a0    
•  WordPress:  www.alfaraidonlineforum.wordpress.com  
•  Twitter: https://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