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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: |
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