Prafam
STATUS OF ORAL WILLS IN ISLAM
Non Doctrinal Research
Submitted to
Tamil Nadu National Law School, Trichy
Submitted By
V.S.Prasanthi
B.A,L.LB(HONS) BATCH 2013-18 (REG.NO. BA0130044)
Under the supervision and guidance of
Prof. Sanitta Maria Stephen
Assistant Professor of law
Dindigul Main Road, Navalurkuttappattu,
Srirangam, Tiruchirappalli, Tamil Nadu 620009
0431 269 2000
INTRODUCTION Generally a person starts thinking about executing a will when he develops a feeling that he is getting aged or has become so sick that death is imminent. The expression will means a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children. It can be revoked or altered by the maker of it at any time he is competent to dispose of his property. It is always necessary to reduce the will into writing. But this is not the case with Islamic law. Under the Mohamedan law, a will or Wasiyat , needs no prescribed form. The writing of will is not required to make a valid will and no particular form is necessary. A mohamedan will, though in writing, do not require to be signed;1 nor, even if signed does it require its attestation.2
These types of wills are called oral wills or nuncupative wills. It is a verbal will that must have two witnesses and can only deal with the distribution of personal property. A nuncupative will is considered a "deathbed" will, meaning that it is a safety for people struck with a terminal illness.
But what if other parties in the family do not accept the wills declared orally, or what if, when the declared will before the two witnesses does not produce the evidence in court?
This is the biggest drawback in oral wills especially regarding Muslim law. Usually, the oral wills or nuncupative wills are considered to be invalid and in most countries it is not accepted. But as the Islamic law gives the privilege to make an oral statement regarding the will, it is essential and also necessary to the
Non Doctrinal Research
Submitted to
Tamil Nadu National Law School, Trichy
Submitted By
V.S.Prasanthi
B.A,L.LB(HONS) BATCH 2013-18 (REG.NO. BA0130044)
Under the supervision and guidance of
Prof. Sanitta Maria Stephen
Assistant Professor of law
Dindigul Main Road, Navalurkuttappattu,
Srirangam, Tiruchirappalli, Tamil Nadu 620009
0431 269 2000
INTRODUCTION Generally a person starts thinking about executing a will when he develops a feeling that he is getting aged or has become so sick that death is imminent. The expression will means a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children. It can be revoked or altered by the maker of it at any time he is competent to dispose of his property. It is always necessary to reduce the will into writing. But this is not the case with Islamic law. Under the Mohamedan law, a will or Wasiyat , needs no prescribed form. The writing of will is not required to make a valid will and no particular form is necessary. A mohamedan will, though in writing, do not require to be signed;1 nor, even if signed does it require its attestation.2
These types of wills are called oral wills or nuncupative wills. It is a verbal will that must have two witnesses and can only deal with the distribution of personal property. A nuncupative will is considered a "deathbed" will, meaning that it is a safety for people struck with a terminal illness.
But what if other parties in the family do not accept the wills declared orally, or what if, when the declared will before the two witnesses does not produce the evidence in court?
This is the biggest drawback in oral wills especially regarding Muslim law. Usually, the oral wills or nuncupative wills are considered to be invalid and in most countries it is not accepted. But as the Islamic law gives the privilege to make an oral statement regarding the will, it is essential and also necessary to the