Writing a Shari'ah-compliant Will as a Muslim (Lesson 1)

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 Will is written by the owner of the property discretionally to soothe the non-heirs (such as the deceased’s non-Muslim children, parents or wives), for the cause of Allah’s religion and for humanity. 

On the other hand, for clarity, a non-Islamic State is a sovereign nation where lived Muslims as citizen, migrants or sojourners  but are subjected to the whims and caprices of either alien or customary systems of law in which little or no room is given to Sharī‘ah (Islamic law) implementation to thrive. In such a state, Sharī‘ah might not be recognized at all or be subjugated and categorized as a customary law and its operation restricted to family law. Examples of these nation are mostly African and Asian countries colonized by the Europeans; in which the alien legal systems known as Common law were imposed and the existing Sharī‘ah system is subdued or reformed to suit the purpose of colonization.

Inshā’ Allāh, in our next classes, the fate of Muslims living under these dilemmas as regards Will writing shall be discussed and these shall be done in piece-meal for better assimilation. 
Jazākumullāhu Khayran for reading today’s lesson. 
Yours in Islām  
©Busari Muhammad Jamiu (Abū  ‘Ᾱishah)
The Founder/Instructor  
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