What is Al-wasiyyah?

*📚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 Al-Shawkāni also defines it as “a special pledge to donate something after death”.  It is also believed that Al-Waṣiyyah is an ambulatory disposition (gift) which is classically a partial intestacy that usually transpires where a praepositus (deceased) makes an Islamic Will to cover some of his properties but leaves out other parts of his estate to be determined by rules of intestacy (Al-Mirath). 
 However, Al-Waṣiyyah as a gift may be in form of cash, claim or debt or any other benefit in which the transfer of the right from the benefactor to the beneficiary becomes effective only after the death of the benefactor. In summary, Al-Waṣiyyah is out rightly an outstanding directive pre-arranged by a person (testator) in respect of certain outstanding duties against him or her, which he or she overtly or covertly did not carry out before his or her death. 
Inshā’ Allāh we continue in the 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/Jss7kSoCSNYDDeDYX4YcqM
•  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