Importance of Wasiyya (Will) in Islam
IMPORTANCE OF WASIYYA (WILL) IN ISLAM
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 Shariah.
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 provisions for making the wills have also been sanctioned by Quran and the traditions of the Prophet (pbuh).
The importance of the Islamic will (wasiyya) is clear from the following two hadith: ➢ "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) ➢ "A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If, (on the other hand), a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the Garden." (Ahmad and Ibn Majah)
Definition of Will:
A 'Will or Testament' is a document or an instrument, which declares or contains the intention of the owner of the property as to how his property is to be disposed of (distributed) after his/her death. The will takes effect on the death of the person making it. It can be revoked by the maker, before his death.
Legator: The person who makes/creates a will is called 'Legator'.
Legatee: The person/persons in whose favour the will is created is called 'Legatee',
Legacy: The subject matter of the will is called 'Legacy'. It is the property to be distributed.
Acceptance of a Will:
Legatee will accept the will after the death of legator. So, it is clear that the legatee should be in existence at the time of the legator’s death. If legatee
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 Shariah.
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 provisions for making the wills have also been sanctioned by Quran and the traditions of the Prophet (pbuh).
The importance of the Islamic will (wasiyya) is clear from the following two hadith: ➢ "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) ➢ "A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If, (on the other hand), a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the Garden." (Ahmad and Ibn Majah)
Definition of Will:
A 'Will or Testament' is a document or an instrument, which declares or contains the intention of the owner of the property as to how his property is to be disposed of (distributed) after his/her death. The will takes effect on the death of the person making it. It can be revoked by the maker, before his death.
Legator: The person who makes/creates a will is called 'Legator'.
Legatee: The person/persons in whose favour the will is created is called 'Legatee',
Legacy: The subject matter of the will is called 'Legacy'. It is the property to be distributed.
Acceptance of a Will:
Legatee will accept the will after the death of legator. So, it is clear that the legatee should be in existence at the time of the legator’s death. If legatee