Sep 26, 2012

Wasiat وصية Testamentary Wills Wasiyat

 بسم الله الرحمن الرحيم

English translation of the hadis of Rasulullah

It is the duty of a Muslim who has anything to bequest 
not to let two nights pass without writing a will about it
Sahih al-Bukhari
 

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Wasiyat (Testamentary Wills) in Islam 

Question: 

I am confused about 'wasiyat' in Islam. What is the importance of wasiat in Islam? Can a Muslim make wasiyat for everyone or only for those who are not his relatives? Can he make it for the whole assets or only for 1/3rd? Please answer this through email and do give references from Holy Qur’an and Hadith. 

Answer:

Mr Ghamidi's has stated his viewpoint on the issue in one of his articles. He writes:

The Right to Bequeath

The Qur’anic injections regarding distributing of inheritance repeatedly stress the point that the stipulated shares can only be disbursed after fulfilling any testamentary wills left by the deceased. This invites two important questions:

First, has the Shari’ah put a limit the on the part of the wealth to be bequeathed or one can bequeath as much of the assets as he wills?

Second, can one also bequeath wealth to the legal heirs?

My response to the first question is that the wording and expressions in the relevant Qur’anic edicts do leave a room for this conclusion. They do not admit putting a limit on this right to the person leaving a will. The Almighty has stated it in general terms that the wealth will only be distributed after the fulfilment of the testamentary wills. No linguistic convention allows us to make a room for the limit on this right. What then is the meaning of the hadith ascribed to the Prophet (sws) which puts a limit on this right? I believe that the Prophetic command is of a different nature. It deals with another aspect of the issue. A Companion (rta) expressed his desire to leave a will that all of his wealth is given in the way of Allah after his death. The Prophet (sws) said that what he intended to give away was in fact more extraordinarily large. Once should not leave his legal heirs in need. The Companion (rta) then asked if it was appropriate for him to leave two third or half of his wealth to be given in the way of God. The Prophet (sws) again said that it was too much and that it would leave his legal heirs in need. Then the Companion (rta) asked if he could give away one third of his wealth? The Prophet (sws) responded that it was enough.[1] Every reasonable man can understand that it was a specific case facing a particular man. It cannot be held to be the basis of a legal specification and condition.

My explanation of the second question is that God himself has ordained that the legal heirs get a defined share. No believer can think of leaving a will in favour of the legal heirs whose portion has been stipulated by God himself considering their mutual relation and kinship. This shows that they cannot be given more than their share on this basis. However, if one decides to bequeath an extra part of the wealth in favour of a legal heir considering their specific needs and circumstances of his or her services to the deceased then he can validly do that. For example if one of the children is a student and the rest have already got education and established their businesses with the help and support of their parents the father can decide to leave an extra share for the former. In some cases one receives exceptional care and services from a son or daughter who deserve a reward. Similarly a husband may think that his wife will not have enough in his absence to look after her he can leave a will for her. One can leave such wills for friends and acquaintance or for charity purpose. On the same ground one can leave a will for family members and relatives whose share has been defined by the Shri’ah. There is nothing in the relevant Shari’ah directives barring us from doing this.


(Translated by Tariq Mahmood Hashmi from Ghamidi’s Maqamaat)

Bukhari, No: 2742 and Muslim, No: 1628.
Author: Tariq Mahmood Hashmi

al-mawrid.org


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Islamic Law of Will, What is Wasiyat in Islam

This article is a very brief overview of the traditional Sunni Islamic law pertaining to the Islamic will. The aim of this article is to arouse awareness amongst Muslims particularly those living in the West regarding this important aspect of Islamic law. It should be stressed that when writing a will one should consult an Islamic scholar/legal expert to ensure that the will complies with Islamic law as well as the law of the country of residence.

When a Muslim dies there are four duties which need to be performed. 
These are:

1. payment of funeral expenses
2. payment of his/her debts
3. execution his/her will
4. distribution of the remaining estate amongst the heirs according to Sharia

The Islamic will is called al-wasiyya. A will is a transaction which comes into operation after the testator’s death. The will is executed after payment of funeral expenses and any outstanding debts. The one who makes a will (wasiyya) is called a testator (al-musi). The one on whose behalf a will is made is generally referred to as a legatee (al-musa lahu). Technically speaking the term “testatee” is perhaps a more accurate translation of al-musa lahu.

continue @ islamlaws.com


Tanyalah Ustaz - Wasiat
presented in Melayu language



Published on May 21, 2012 by MyIslamMedia

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Additional info on ...

 Tanyalah Ustaz - Wasiat

 Ustaz Datuk Abu Hassan Lebai Din Al-Hafiz

Ustaz Datuk Abu Hassan Din Al-Hafiz dikenali juga dengan panggilan Ustaz Hassan Din. Beliau memulakan kerjayanya di Pusat Islam pada 1977 sebagai Pegawai Penyelidikan Agama sebelum dilantik sebagai Imam Besar Masjid Negara pada tahun berikutnya. Lulusan Sarjana Muda Sastera (Usuluddin) dari Universiti Al-Azhar ini juga pernah berkhidmat sebagai Pegawai Agama Istana Negara dari 1984 hingga 2007. 



Ustaz Hassan Din adalah pendakwah yang bergiat aktif di seluruh negara, di samping sering menyedia dan membentangkan kertas kerja berkaitan kekeluargaan Islam dan muamalat. Ustaz Datuk Abu Hassan Din Al-Hafiz telah dilantik sebagai Pengerusi Jawatankuasa Syariah di Bank Rakyat, Malaysia pada 1 September 2005.

Selain itu beliau berbakat menulis dan sering menyumbang penulisannya kepada majalah dan akhbar serta menghasilkan skrip untuk rancangan televisyen. Pada tahun 1976 Datuk Abu Hassan memperolehi Ijazah Seikhul Maqari (Qiraat) juga dari Al-Azhar.


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