Bequests: Definition, Etymology, and Legal Guidelines in Islam
Etymology and Translation
- Arabic: وصية (waṣīyah), plural: وصايا (waṣāyā)
- Turkish: Vasiyet
The term “bequest” in the Islamic context is referred to as “waṣīyah” in Arabic, with its plural form being “waṣāyā”. It signifies a will or testamentary disposition by which a person expresses their desire on how their property should be managed or distributed after their death.
Legal Guidelines for Making Bequests in Islam
1. Method of Execution: A bequest can be made verbally or in writing, though the latter is generally preferred for clarity and legality.
- Witness Requirement: Regardless of the method, two lawful witnesses are required to establish the legitimacy of the bequest.
2. Validity of Bequests:
- Amount Limits: A bequest in favor of a stranger can be up to one-third of the total property. Any amount exceeding this requires the consent of the heirs.
- In the Case of Mortal Wounds: If a person receives a mortal wound from another and leaves a bequest for the aggressor, that bequest is invalid. Similarly, if a legatee kills the testator, the bequest in their favor becomes void.
- Partial Heirs: A bequest made for one or some of the heirs is invalid unless all other heirs consent to it.
- Inter-religious Bequests: Bequests from a Muslim to a non-Muslim or vice versa are considered valid.
- Debt Considerations: If the testator is in debt, their legacies cannot be lawfully executed unless the debt is settled first.
- Unborn Children: Bequests in favor of unborn children are valid, provided the fetus is less than six months old at the time the will is made.
3. Special Cases:
- Denial and Proof: If a testator denies their bequest, but the legatee produces witnesses, it is generally not considered a retraction.
- Emancipation of Slaves: Emancipating a slave on one’s deathbed takes effect posthumously.
- Pilgrimage: If a testator requests that a pilgrimage (Hajj) be performed on their behalf, the heirs are obliged to appoint someone and provide the necessary expenses.
Recommended Readings
For further understanding of the complexities and legal stipulations surrounding bequests in Islam, the following books are recommended:
- “The Islamic Law of Inheritance” by Hussein Amin
- “An Introduction to Islamic Law” by Joseph Schacht
- “The Shari’a: Islamic Law in the Contemporary Context” by Abbas Amanat and Frank Griffel
- “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali
Takeaways and Conclusion
Bequests (waṣīyah) in Islamic law represent an integral aspect of personal estate planning, ensuring property is distributed according to both personal wishes and religious guidelines. Complexity arises in balancing personal bequests with religious laws and the rights of heirs.
Understanding Islamic jurisprudence on bequests is essential for dealing peacefully with inheritance matters, ensuring fairness and adherence to Islamic principles. Scholars and legal practitioners often reference classical sources and contemporary interpretations to navigate these complex issues.
In conclusion, bequests play a critical role in Islamic inheritance law, symbolizing both a personal legacy and a commitment to religious obligations. Comprehensive knowledge and adherence to these guidelines foster justice and harmony in the distribution of assets after death.
