Rules and Conditions guiding Al-wasiyyah in Islām

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 beneficiaries of testator’s bequest  again as affirmed by Prophet Muhammad.
4.  The Legatee (Al-Mūṣā lahu) must be in existence at the time of death of the testator. However, if the legatee dies before the testator , the Waṣiyyah is void and invalid, but if he or she dies after the death of the testator but has not taken the possession of the Waṣiyyah, the heirs of the legatee has the rights to succeed into his or her rights in the testament.
5.  The legal heirs have no right to partially or fully reject the testament of the Waṣiyyah once it does not prejudice their rights.
6.  Al-Waṣiyyah  is valid, binding and effective if it does not violate the right of the legal heirs; hence, Sharī‘ah Court has the right to nullify discriminatory  bequest at the consent of the heirs.  
7.  The benefits of Waṣiyyah especially in this modern civilization is that it displaced customary practices and unholy statutory provisions and also grants positive display of wishes in as much it does not contradicts Sharī‘ah. 
8.  In Islām, a valid will must be attested to willingly by at least two witnesses who are appointed as will-executors. They must be trustworthy(Q5:105-106) and the Waṣiyyah must not be tempered with by anyone; either the legal heirs, the beneficiaries or the will executors (Q2:181) and if any disagreement arise, a third party could be accepted to settle the dispute(Q2:182)
9.  Al-Waṣiyyah  gives non-Inheriting relatives such as adopted child/children and non-biological parents leverages of being legitimately enriched and accommodated into testator’s largesse. 
10.  There must be an existence of a genuinely written will by the testator or a witnessed verbal pronouncement attested to by relatives as made by the testator while the Sīqah (pronouncement) of Ijāb and Qubūl- offer and acceptance- is necessary.
Inshā’ Allāh we continue in the next class.  
Jazākumullāhu Khayran for reading today’s lesson.  
Yours in Islām  
©Busari Muhammad Jamiu  (Abū  ‘Ᾱishah)
https://sites.google.com/view/alfaraidestateconsultnigeria 
The Founder/Instructor (+2348023670884) 
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