Bismillāhi Raḥmāni Raḥīm
Subject: Al-Farā’id (The Islamic Law of Inheritance)
Lesson: 74
Topic: Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 3
Sub-Topic: Pillars of Al-Waṣiyyah
Dear Participants,
In our last three classes, we have defined Al-Waṣiyyah and made it known that Al-Waṣiyyah is not abrogated nor obligatory but recommendatory under Islamic Law of Inheritance.
Today, Inshā’ Allāh we are examining the pillars of Al-Waṣiyyah under Sharī‘ah. Al-Waṣiyyah would not be valid and binding without the presence of some fundamental pillars on which the Will-making and execution procedures hinged. These pillars are:
a. The Testator (al-Mūṣiy): Someone who bequeathed properties to someone.
b. The Legatee (al-Mūṣā lahu): This is the beneficiary of the Al-Waṣiyyah
c. The Willed Property (al-Mūṣā bihi). This is the property from which the testamentary will be executed.
d. The Appointed Will Executor or Administrator (Al-Wālī Al-Mukhtār). In legal term, he is an appointee of the testator charged to execute his wishes after death. This appointed trustee has the right to reject or accept the offer within the life time of the testator.
e. Al-Shuhadāi (Witnesses) to the Wasiyyah. As agreed by majority of scholars in conformity with Allāh’s injunction in Q5:106-108, there must be at least two witnesses who would attest to the content of Wasiyya testament.
f. The Sīqah (Statement or testament of the will) must be made clear, understandable by the testator, the legatee, the Will executor and the witnesses.
Inshā’ Allāh we continue on the rules and conditions guiding Al-Waṣiyyah execution in the next class.
Jazākumullāhu Khayran for reading today’s lesson.
Yours in Islām
©Busari Muhammad Jamiu (Abū ‘Ᾱishah)
The Founder/Instructor (+2348023670884)
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