(Part 2)
The Will (Al-wasiyya) The Islamic will includes both bequests and legacies, instructions and admonishments, and assignments of rights. no specific wording is necessary for making a will. In Islamic law the will (wasiyya) can be oral or written, and the intention of the testator must be clear that the wasiyya is to be executed after his death. any expression which signifies the intention of the testator is sufficient for the purpose of constituting a bequest. there should be two witnesses to the declaration of the wasiyya. A written wasiyya where there are no witnesses to an oral declaration is valid if it is written in the known handwriting/signature of the testator according to Maliki and Hanbali fiqh. the wasiyya is executed after payment of debts and funeral expenses. the majority view is that debts to Allah (SWT) such as zakh, obligatory expiation etc. should be paid whether mentioned in the will or not. However, there is difference of opinion on this matter amongst the Muslim jurists. To be continued, insha'Allah . . . R.M. Quarels, LDA R.M.Quarels Legal Form Help legal document preparation service Tel: (323) 900-9837 Email: [email protected] http://legalformhelp.weebly.com R.M. Quarels Legal Form Assistance is a non-attorney alternative for typing your legal documents. We are not attorneys and cannot provide you with legal advice, select forms, nor represent you in court.
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