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Newsletter for August 2015

 

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THE NEED AND IMPORTANCE OF MAKING AN ISLAMIC WASIYYAH (WILL) 

 

The timing of death is uncertain but the death is certain!

The Wasiyyah or “will” has been addressed in the Glorious Qur’an in Surah al-Baqarah Ayahs 180 to 182: “If one of you facing death can leave a legacy, he should be bequeathing it to his parents and relatives, according to the law. This is the duty of the pious. Whoever intentionally changes the will of a deceased person has committed a sin. Allah is Al-Hearing and All-Knowing. One who is afraid of the testator’s deviations and sin and settles the matter among the parties involved has not committed a sin. Allah(s.w.t.) is All-Forgiving and All-Merciful.”

In the above Ayah where the word “Legacy” is used for the Arabic word “Khair”. This shows that Islam does not discourage earning sustenance through lawful means. The Commander of the Faithful said: “O Son of Adam, be your own representative in the matter of your property and do about it whatever you want to be done with it after your death.” (Saying # 254). It is recommended that while making the wasiyyah, one should be fair and judicious and not unjust to his survivors. It is narrated that when an Ansari Muslim died and gave away everything in the way of Allah without giving any thing to his small children. When the Noble Prophet (s.a.w.a.s.) became aware of this, he was very angry and said: “If I would have known earlier I would have asked not to bury him in the Muslim grave yard because he had left his small children as beggars.”

Our Infallible Fourteen, except Imam Mahdi (a.t.f), had made Wasiyyah. The Noble Prophet (s.a.w.a.s.) had made Wasiyyah to Imam Ali (a.s.), The Lady of Paradise Sayyida Fatima Zahra (s.a.) made Wasiyyah to Imam Ali (a.s.) asking him to wash her body, carryout funeral at night, and not to inform those who tortured her! Imam Ali (a.s.) made Wasiyyah to Imam Hasan (a.s.) and Imam Husayn (a.s.)and other children. Subsequently every Imam made Wasiyyah to his son.

Wasiyyah is closely linked with Inheritance. In the Glorious Qur’an, the rights and shares of different relations of the deceased have been elaborately described. In actual life situations there may be instances where the share is given to a relative who is affluent compared to another relative. Moreover, a dying person may wish to give monetary benefits to such persons, or other charitable institutions, which are not covered in the laws of inheritance. For all such situations, Islam has prescribed the system of Wasiyyah or will, where a man can distribute one-third of his resources to such persons who are not included in inheritance or otherwise desires to increase the share to a relative.

A dying person will have obligations of this world and the obligations to the Creator Allah (s.w.t.). Apart from the above situations, a dying person should either discharge his financial obligations to others if possible or state it in the will to be paid off. Likewise, any obligations to Allah like missed salaat, missed fasting, unperformed Hajj etc. should be written in the will and proper arrangement be made by the surviving family members to taken care of the same.

The Noble Prophet (s.a.w.a.s.) said: “It is not proper for a Muslim to pass two nights except that his last Will and Testament is near his pillow.”

If a person dies without making a Wasiyyah, then the government will appoint an executor who will distribute the estate (the property, cash or other assets of the deceased) among the heirs as he deems fit. Moreover, his expenses will be paid out of the estate. It is advisable to become familiar with the laws of the country about the will. The first problem will arise as to who should administer the estate. The administrator cannot easily obtain the “Probate” (the power to distribute the wealth) from a court of law which may take long time. Pending the receipt of Probate, the bank accounts of the deceased would be frozen and the beneficiaries will not be able to withdraw money for meeting normal expenses unless it is a joint account.

The right of one-third of estate can only be exercised when a wasiyyah is in writing.

Whether a wasiyyah is in writing or not, the legal and religious expenses will be deducted first before proceeding to the distribution of estate to the beneficiaries.

 

Sources used: The Glorious Qur’an, Tafsir-e-Namoona by Ayatullah Nasir Makrem Shirazi, mnjamat.org

 

 

 

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