Bequests and Wills in Islamic Law: The Bequest of a Third of the Estate

Bequests and Wills in Islamic Law: The Bequest of a Third of the Estate

Introduction

In Islamic law, or Sharia, the principles surrounding bequests and inheritance are highly structured and meticulously detailed. One significant aspect is the bequest (Wasiyyah) of a third of the estate, which allows a testator to make specific allocations of their property and wealth as per their wishes, within defined boundaries.

Etymology and Translations

• Bequest (وصية, Wasiyyah): The Arabic term ‘Wasiyyah’ means a will or a testament.
• Inheritance (ميراث, Mīrāth): The distribution of a deceased person’s estate among their heirs.
• Estate (تركة, Tarikah): Refers to the entire property and wealth left by a deceased person.
• Turkish Translation:
  • Bequest: Vasiyet
  • Inheritance: Miras
  • Estate: Mülk ya da tereke

Key Principles

The General Rule

If a person bequeaths a third of his estate to one individual and a third to another, and the heirs do not consent to these bequests exceeding the permitted third of the estate, then the total bequest is restricted to one third of the estate.

Proportional Division

1. Complex Allocations: If a person bequeaths one third to one individual and later a sixth to another, and the heirs object, one third of the estate is divided into three parts, with two parts going to the legatee of the initial third and one part to the legatee of the sixth.

   2. Specific Sums:
      • If the bequest concerns a son’s portion of inheritance directly, it is void.
      • If it equates to a son’s portion but isn’t phrased as such, it remains valid.

Partial Loss of Bequested Items

In cases where two-thirds of a particular property bequeathed are lost, the share of the legatee is adjusted as long as what remains can be considered part of the testator’s third of the estate. If part of an article bequeathed gets destroyed, the legatee of the undestroyed portion is entitled to a third of what remains.

Unique Situations and Legal Outcomes

1. Full Payment from Estate: A financial legacy must be paid in full as long as there are available estate assets, even if this requires exhausting the remaining estate.

2. Impact of a Legatee’s Death:

   • If a legacy is bequeathed to two persons and one is already deceased, the entire amount goes to the surviving legatee.
   • If a named inheritor dies before the testator, the legacy assigned to them doesn’t automatically transfer to the surviving heirs of the testator unless specified.

3. Changes in Wealth: A bequest made by a poor person remains valid even if they subsequently become wealthy.

4. Non-Existent Articles: Bequests for items not in the possession of the testator at the time of their death are null, unless linked directly to the testator’s assets, in which case, payment in value is required.

Complex Bequests: Debt and Acknowledgement

Acknowledgment of debt on one’s deathbed is valid up to one-third of the estate. However, any ambiguity regarding beneficiaries may invalidate the bequest.

Legal Partition and Heir Responsibilities

After the division of the estate, an heir who acknowledges a bequest must ensure the acknowledged legatee is paid their share proportionately.

Recommended Further Reading

1. “Inheritance: Islamic Distribution of Wealth After Death” by Dr. S. M. Hasanuzzaman.
2. “Islamic Inheritance Laws and the Implications for Muslim Societies” by Dr. Monica Smith.
3. “Wasiyyah (Islamic Will): A Critical Analysis” by Dr. Mumtaz Ali.

Takeaways and Conclusion

Understanding the intricacies of Islamic inheritance law helps ensure compliance with religious mandates while addressing equity and justice among heirs. It is essential for both Muslims and non-Muslims interested in Islamic jurisprudence to familiarize themselves with these detailed rules and scenarios.

Conclusion

The laws and principles of bequests within Islamic law are complex but are firmly rooted in equity and fairness. By adhering to these detailed stipulations, Muslims can ensure that their wealth is distributed in a manner pleasing to Allah and beneficial to their heirs.