Al-Fara'id Online Forum

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...

Bismillāhi Raḥmāni Raḥīm  Date:8th Dhul-Hijjah,1441A.H /29th July, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   74 Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 3 Sub-Topic: Pillars of Al-Waṣiyyah  Dear Participants, In our last three classes, we have defined Al-Waṣiyyah and made it known that Al-Waṣiyyah is not abrogated nor obligatory but recommendatory under Islamic Law of Inheritance.  Today, Inshā’ Allāh we are examining the pillars of Al-Waṣiyyah under Sharī‘ah. Al-Waṣiyyah would not be valid and binding without the presence of some fundamental pillars on which the Will-making and execution procedures hinged. These pillars are: a.  The Testator (al-Mūṣiy): Someone who bequeathed properties to someone.  b.   The Legatee (al-Mūṣā  lahu): This is the beneficiary of the Al-Waṣiyyah  c.  The Willed Property (al-Mūṣā bihi). This is the property from which the testament...

 *📚Bismillāhi Raḥmāni Raḥīm📚* Date:   6th  Dhul-Hijjah, 1441 A H /  27th  July, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   73 Topic:  Al-Waṣiyyah (Shariah-Compliant Will/Bequest): Part 2 Sub-Topic: Is Al-Waṣiyyah an Abrogated Institution in Al-Farā’id ? (Lesson 2) Dear Participants, In our last lesson, we started a discussion on the legal standing of Al-Waṣiyyah as abrogated or not, and today Inshā’ Allāh we intend to conclude it. On this discourse, majority of Ṣahābah such as  Ibn ‘Umar, Ibn  ‘Abbās,  Ibn Zayd and some scholars believed that the obligation of  Q2:180-82 has been abrogated and replaced with inheritance verses; hence, Al-Waṣiyyah (bequest) remain recommendatory in as much it does not infringe upon the  rights of the legal heirs and does not exceed one-third of the estate.   Muslim jurists also unanimously agreed that quantum of wealth or property o...

*📚Bismillāhi Raḥmāni Raḥīm📚* Date:   1st   Dhul-Hijjah, 1441 A H /  22nd  July, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   72 Topic:  Al-Waṣiyyah (Shariah-Compliant Will/Bequest): Part 2 Sub-Topic: Is Al-Waṣiyyah an Abrogated Institution in Al-Farā’id ? (Lesson 1) Dear Participants, In our last class, we defined Al-Waṣiyyah among other definitions as a process of gifting out a portion of someone estate to other contingent as a form of sadaqah to be taken over after someone’s death. In essence, Al-Waṣiyyah is a micro-institution of Islamic Inheritance system which entails a legal document that outlines how one-third (Thuluth) of one’s estate is to be distributed in the event of affairs after the demise of the testator according to Islamic law (Sharī‘ah). However, today, we are looking at the legal standing of Al-Waṣiyyah under Sharī‘ah, is it an abrogated institution or not? Al-Waṣiyyah practice pre...