Bequests for Pious Purposes in Islam
Bequests for pious purposes, or waṣiyyah li-wujūh al-khayr (وصيّة لوجوه الخير) in Arabic and dini hayır vasiyetleri in Turkish, play a significant role in Islamic law and tradition. These bequests signify the allocation of a portion of one’s estate after death towards acts of charity or religious fulfillment. This entry delves into the importance, rules, and practical execution of such bequests according to Islamic principles.
Etymology and Translation
- Arabic: وصيّة لوجوه الخير (waṣiyyah li-wujūh al-khayr)
- Turkish: dini hayır vasiyetleri
- English: Bequests for Pious Purposes
Importance in Islam
In Islam, acts of charity and piety hold a high place. This is reflected in the practice of designating portions of one’s estate to pious purposes. Such bequests can include fulfilling religious obligations like the pilgrimage (Hajj), contributing to the welfare of the needy, or other religiously motivated benevolent actions. The core motivations for these bequests lie in the belief that they contribute to the moral and spiritual wellbeing of the deceased, easing their journey in the afterlife.
Prioritization of Duties
Islamic law distinguishes between obligatory acts ordered by God and voluntary benevolent actions. When arranging bequests, the fulfillment of obligatory duties takes precedence. For instance, if an individual had an incumbent pilgrimage (Hajj) pending, their heirs are obliged to appoint someone to perform the Hajj on their behalf, covering all necessary expenses to Makkah from the estate of the deceased.
Example
- Obligatory Duty: If a person wills that “the pilgrimage which was incumbent upon him be performed on his behalf after his death,” the heirs must ensure this is executed, as it constitutes a duty ordained by God.
- Voluntary Acts: Once obligatory duties are covered, voluntary and benevolent acts towards the community and humanity can be considered.
Execution and Arrangement
When multiple purposes bear equal importance, the arrangement set out by the testator in their will must be followed strictly. The meticulous adherence to the testator’s wishes reflects the significant moral weight placed on contracts and promises in Islamic thought.
Situations of Equal Importance
If various purposes are mentioned and bear equal importance, the specific arrangement of the testator must be followed. However, if there’s any deviation or if the portion specified for pilgrimage, for example, is lost, it must be compensated up to one third of the estate.
Key Takeaways
- Priority of Obligations: Obligatory acts commanded by God, such as Hajj, have the highest priority over voluntary charitable acts.
- Heirs’ Responsibility: Heirs must execute the deceased’s will, especially for obligatory religious duties.
- Respect for Testator’s Wishes: The specific arrangements in the testator’s will must be followed, ensuring their final wishes are honored.
- Compensation: Any loss related to a bequest for pious purposes must be compensated appropriately.
Recommended Books for Further Study
- “An Introduction to Islamic Law” by Joseph Schacht
- “Inheritance in Islam” by Farhat Aziz
- “Islamic Jurisprudence” by Mohammad Hashim Kamali
Conclusion
Bequests for pious purposes encapsulate the essence of benevolence and religious duty in Islam. They reflect a deep-seated belief in supporting both obligatory and voluntary acts of piety, benefiting the deceased spiritually and aiding the community. Understanding and respecting these bequests as prescribed in Islamic law ensures ethical and religious fulfillment of the deceased’s last wishes.
