Al-Fara'id Online Forum

Bismillāhi Raḥmāni Raḥīm  Date:  12th Muharram, 1442 A H / 31st August, 2020 Subject:  Al-Farā’id (The Islamic Law of Inheritance)  Lesson: 82 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 8 Sub-Topic:  Writing a Sharī‘ah-Compliant Will as a Muslim (Lesson 1) Dear Participants, This week Inshā’ Allāh, we are looking at phenomenon through which a Muslim can write a Sharī‘ah-Compliant Will (Al-Waṣiyyah) that will be admissible at Courts of law especially for those Muslims living in non- Sharī‘ah Countries or non-Islamic State.  To start with, what is Sharī‘ah-Compliant Will and non-Islamic State? A Sharī‘ah-Compliant Will is the testamentary document (Bequest) written by a Muslim (Testator) in accordance with the laid down rules in the Qur’ān and Sunnah. Such Will is not written purposefully to favour the legal heirs, does not exceed one-third of the total estate and the content is not sinful. In essence, a   Sharī‘ah-Compliant Wi...

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 M...

Bismillāhi Raḥmāni Raḥīm  Date:   2nd Muharram, 1442 A H / 21st August, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   80 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 7 Sub-Topic:  Similarities and Differences of Al-Waṣiyyah (Bequest) and Common Law Will (Lesson 2) Dear Participants, Alhamdulillah, in our last class, we started the discourse on the similarities and the differences between Islamic Will (Al-Waṣiyyah) and Common law Will where we discussed distinctly the definition of each. In continuance of this, Inshā’ Allāh today, we are looking at the similarities between the two; these include:  1.  Al-Waṣiyyah and Common law Will are ambulatory, that is, they become effective and operational after the death of the deceased (Testator) 2.  Both are revocable before the death of the testator. That is, the deceased has the right to change the content of the Will in accordance with the ...

Bismillāhi Raḥmāni Raḥīm  Date:   28th Dhul-Hijjah, 1441 A H / 18th August, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   79 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 7 Sub-Topic:  Similarities and Differences of Al-Waṣiyyah (Bequest) and Common Law Will (Lesson 1) Dear Participants, Alhamdulillāhi, in cognizance of what we have learnt so far as regards Al-Waṣiyyah in Islām, it is imperative for us to discuss the differences and similarities between Islamic Will and Common law Will. This, without mincing words is necessary because millions of Muslims world over are living under the process of legal pluralism in a manner whereby Islamic Law( Sharī‘ah) are sometimes subjected to scrutiny, domestication  as customary law or facing superior imposition of colonial rules especially in Muslim countries where Sharī‘ah is not in force. Nonetheless, we need to explore an avenue of opening the eyes of...

Bismillāhi Raḥmāni Raḥīm  Date:   24th  Dhul-Hijjjah, 1441 A H / 13th August, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   78 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 6 Sub-Topic:  Al-Waṣiyyah and non-Muslim Relatives (Lesson 2) Dear Participants, As we enunciated during the last class, non-Muslim heirs are eligible to inherit deceased Muslims through     bequest (Al-Waṣiyyah) Also, in tandem with the Waṣiyyah rules, the maximum bequeathal through which they can be bequeathed is one-third of the entire estate. Thus, the non-Muslim parents, spouses, children and siblings are eligible to be beneficiaries of deceased Muslim’s estate through Waṣiyyah alongside other beneficiaries chosen by the deceased why alive; the Will or bequest will therefore remain ambulatory, that is, it becomes effective after the demise of the testator.  Furthermore, in a situation whereby the dec...

Bismillāhi Raḥmāni Raḥīm  Date:   21st Dhul-Hijjah, 1441 A H / 11th August, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   77 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 6 Sub-Topic:  Al-Waṣiyyah and non-Muslim Relatives (Lesson 1) Dear Participants, In the last four weeks, we have discussed the meaning, legal standings, types, rules and conditions guiding Al-Waṣiyyah in Islām. Today Inshā’ Allāh, we are looking at the execution of Islamic Will towards the non-Muslims relatives. As stipulated under Shar‘īah, non-Muslims are not eligible to inherit the Muslims and vice versa. This is in conformity with the Prophetic ḥadīth which says “Muslims would not inherit the non-Muslims and vice-versa”. The ḥadīth has been linguistically, legally and jurisprudentially put under the spotlight by scholars of ages as regards its application. However, albeit minor differences, the majority of scholars believed tha...

Bismillāhi Raḥmāni Raḥīm  Date:   15th Dhul-Hijjah, 1441 A H / 5th August, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   76 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 5 Sub-Topic:  Types of Al-Waṣiyyah in Islām Dear Participants, Alhamdulillāh, in our previous classes, we have deliberated on the meaning, origin, legal standings and Rules and Conditions guiding Al-Waṣiyyah in Islām. Today Inshā’ Allāh, we are looking at the types of Al-Waṣiyyah as enshrined under Islamic law. According to scholars, Al-Waṣiyyah can be classified as follows:  i.  Compulsory Bequest (Al-Waṣiyyah Al-Wājibah): This is a bequest that must be made by the testator if he has liabilities to discharge such as given one-third of estate to non-Muslim parents, non-Muslim children, non-Muslim wives and non-Muslim husband or non-Muslim relatives who are all presumed indigents. These are also bequests that can be made as...

Bismillāhi Raḥmāni Raḥīm  Date:   13th Dhul-Hijjah, 1441 A H / 3rd   August, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   75 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 4 Sub-Topic:  Rules and Conditions guiding Al-Waṣiyyah in Islām Dear Participants, We happily wish you a meritorious and rewarding ‘Eid Al-adhā. May Allah accept all our sacrifices and supplications as acts of Ibādah (Ᾱmīn). Today, Inshā’ Allāh, in continuation of our classes on bequest, we are looking at the rules and conditions guiding Al-Waṣiyyah in Islām. As propounded under Sharī‘ah, these include: 1.  Al-Waṣiyyah  is only executable after the death of Al-Mūṣiy (Testator). 2.  The maximum bequeathal of Waṣiyyah is one-third (thuluth) of the entire testator’s estate.  3.  There is no bequest for the heir. In essence, those heirs that are mentioned in the Qur’ān are not eligible to be benefici...