Writing a Shari'ah-compliant Will as a Muslim (Lesson 3)

Bismillāhi Raḥmāni Raḥīm 
Date:16th Muharram, 1442 A H / 4th September, 2020
Subject: Al-Farā’id (The Islamic Law of Inheritance) 
Lesson: 84
Topic: Al-Waṣiyyah (Sharī‘ah-compliant Will/Bequest): Part 8
Sub-Topic: Writing a Sharī‘ah-compliant Will as a Muslim (Lesson 3)

Dear Participants
In concluding our lessons on Writing a Sharī‘ah-compliant Will as a Muslim, we need to look at what to be done after we must have written our Will document complying with the Sharī‘ah provisions as enumerated in the last class. The following are to be done to conclude the process of writing a Sharī‘ah-compliant Will admissible at Court of law:
1. Kindly engage the services of Muslim legal practitioners or Islamic scholars who are conversant with both Islamic and Common law provisions as your attorneys. 
2. Your Will would be taken to High Court of Justice precisely to be registered, documented and deposited at the Court’s Probate Registry; in other word, a testator would seek the grant of probate (which would be granted by the Courts) to be validated by his relatives or appointed administrator after his demise through application. 
3. What is Probate and Probate Registry? Probate is the legal process of settling a deceased person’s estate under the supervision of Courts while the Probate Registry is a section in Court where all activities related to obtaining legal documents to facilitate the legal administration and management of deceased’s estates either testacy or intestacy takes place.
4. Your lawyer as your attorney is obliged to fill and file the probate form of depositing your Will on your behalf in your presence. The Probate registrar has the legal obligations to admit your Will into the Probate Registry and ask you to sign for the deposit. A certified true copies of the Will endorsed with the Probate Seal of the High Court would be given to YOU (As Testator and Will Depositor) while you can duplicate such certified copy to be given to your lawyer, Will executors and your chosen witnesses. 
5. Lastly, at this juncture, we should not forget what we said at the beginning of this lesson. The Islamic Will does not devolve your properties but only gives out one-third of your estates as waṣiyyah to some beneficiaries excluding your rightful legal heirs according to your wish once it’s a Sharī‘ah-compliant Will. It only include your pronouncement as the testament of the Will saying “I, ___________ pronounced that MY ESTATE MUST BE DEVOLVED after my demise according to the provision of Islamic Inheritance Law as enshrined in the Qur’ān and Sunnah”. May Almighty Allah guide us aright (Aaamin)
Jazākumullāhu Khayran for reading today’s lesson. 

*Yours in Islām*  
*©Busari Muhammad Jamiu (Abū ‘Ᾱishah)*
*The Founder/Instructor* 
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