Bismillāhi Raḥmāni Raḥīm
Subject: Al-Farā’id (The Islamic Law of Inheritance)
Lesson: 72
Topic: Al-Waṣiyyah (Shariah-Compliant Will/Bequest): Part 2
Sub-Topic: Is Al-Waṣiyyah an Abrogated Institution in Al-Farā’id ? (Lesson 1)
Dear Participants,
In our last class, we defined Al-Waṣiyyah among other definitions as a process of gifting out a portion of someone estate to other contingent as a form of sadaqah to be taken over after someone’s death. In essence, Al-Waṣiyyah is a micro-institution of Islamic Inheritance system which entails a legal document that outlines how one-third (Thuluth) of one’s estate is to be distributed in the event of affairs after the demise of the testator according to Islamic law (Sharī‘ah). However, today, we are looking at the legal standing of Al-Waṣiyyah under Sharī‘ah, is it an abrogated institution or not?
Al-Waṣiyyah practice preceded the revelation of Qur’anic inheritance verses (Ᾱyāt Al-Mawārīth) and it was institutionalized as an Islamic will-writing (al-Tawsiyyah) under Islamic Jurisprudence in reference to Q2:180-182. However, there are divergent opinions among the theologians and jurists as regard the legal force of the above verses. Some believed that in Islām, Al-Waṣiyyah is Wājib (obligatory) that must be performed by Muslims to soothe certain relatives who are non-heirs; but given out such bequest would become harām (prohibited) if it is made with the intention of harming certain heirs for reasons not mentioned in Sharī‘ah. These Schools of thought based their arguments on the ḥadīth of Sa‘ad bn Abi Waqās.
Also, Al-Waṣiyyah is seen as an obligatory act from the hadīth of Abdullahi bn ‘Umar who reported that the Prophet of Allāh said: “It is not right for a Muslim who has property regarding which he must make a will that he should sleep for two nights save that his will should be written down with him.” From other angle, some scholars opined that Al-Waṣiyyah would become obligatory only upon those people who are imminent to leave their relatives as non-heirs, either parents or spouses because of differences in religion or otherwise. In this situation, they believed that given out bequest for such relatives to gratify their hearts would become obligatory on the testator. On this premise, al-Tabari said: “Everybody whose death is near and has wealth, small or large then it is incumbent upon him to make bequest in kindness of a portion thereof for his parents who do not inherit him and for near relations who do not inherit him.”
Inshā’ Allāh we conclude the abrogation discourse of Al-Waṣiyyah in the next class.
Jazākumullāhu Khayran for reading today’s lesson.
Yours in Islām
©Busari Muhammad Jamiu (Abū ‘Ᾱishah)
The Platform’s Founder/Instructor

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