Al-wasiyyah snd the non-Muslim Heirs (Part 2)

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 deceased Muslim failed to write a Waṣiyyah for his or her non-Muslim heirs and they insist to inherit him or her especially as we have the problems mostly in non- Shar‘īah States where Common law application prevails, the employment of Qiyās (Analogical Deduction) beckons on the Scholar/Muslim Family who is saddled with the sharing of the properties. These non-Muslim heirs would be given one-third of the estate as Waṣiyyah to be distributed among them while the remaining thuluthān (two-third) of the estate will be inherited and shared among the legal heirs who are Muslims according to their Qur’anic allotted shares. This verdict is supported by the majority of Scholars under the application of Maslaha (Public good and interest).
The necessity of the above verdict is also believed to forestall imminent troubles that will emanate from barring these non-Muslims heirs from inheriting because the ultimate goal of Islamic law of inheritance is to unite, enrich and instill Islamic values in the lives of the deceased family. 
However, if the deceased himself or herself  while alive had denied these non-Muslim heirs rights of sharing from Waṣiyyah and documented such; they are not eligible to be the beneficiaries after his demise because the deceased’s wish must be respected except if the Scholars or the family members see the dangers in doing so. According to Shar‘īah, the allotment of Waṣiyyah to non-Muslim heirs and other beneficiaries is recommendatory and not obligatory, failure to do it attracts no punishment while its execution accrue rewards to the dead in the hereafter. Therefore, if the deceased decided not to give Waṣiyyah to these non-Muslims, he had committed no offence but basically, disinheriting the non-Muslim parents, spouses and children from Waṣiyyah largesse is not good enough. 
Inshā’ Allāh, in our next class, we start discussion on the similarities and the differences between the Common law Will and the Islamic Will (al-Waṣiyyah) 
Jazākumullāhu Khayran for reading today’s lesson.  
Yours in Islām  
©Busari Muhammad Jamiu  (Abū  ‘Ᾱishah)
https://sites.google.com/view/alfaraidestateconsultsnigeria
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