We will begin a several part series on Wasiyyah (Islamic Wills) (Part 1) What is a Wasiyyah? Wasiyyah --Wow, Suaad, Ya. A wasiyyah is a will or bequest. It has instructions given by a person who is about to die that must be executed after his death. It provides a set of instructions given by a person to individuals whom he expects to survive him. “It is ordained for you, when death approaches any of you and he is leaving wealth, that he should make a fair bequest (Wasiyyah) for the parents and near relatives, a duty upon the righteous” [AlBaqarah 2:180] The part pertaining to parent has been abrogated, but the other part is still valid. “(Give these shares) after payment of any bequeathal (wasiyyah) that he may have made, or debts (that he owed)” [AnNisa 4:11] A Wasiyyah serves the interests of our beloved ones. It guarantees the transfer of our estate to our rightful heirs. If there are things worth bequeathing, the person must hasten to write his will. This is an obligation upon such people. “It is not rightful for Muslim who has something to bequeath to sleep two consecutive nights without having his will written with him.” (Bukhari) Ibn Umar said: “Since I heard this (hadith) from the Prophet (Sallalahu Alayhi Wasallam), I did not pass even one night without having my will with me.” (Bukhari) A will clarifies things before the death of a person. This helps prevent later confusion & conflicts. A will can help override non‐Islamic distribution of wealth imposed by the state. A will has a special sanctity that must be observed and executed. Writing a will is emphasized when a person--
There are four types of wills: 1) Verbal--This will not be accepted in Islamic court. Heirs may consider this internally. It is makrooh [AlBaqara 2:282] 2) Hand written 3) Typed 4) Electronic To be continued, insha'Allah . . . R.M. Quarels, LDA R.M.Quarels Legal Form Help legal document preparation service Tel: (323) 900-9837 Email: C[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.
0 Comments
Leave a Reply. |
Archives
November 2016
Categories |