The Period of Making Wills in Islam
Definition and Significance
In Islamic jurisprudence, a will (وصية, wasiyyah) represents a potentially valuable instrument by which a Muslim can orchestrate the distribution of one-third of their property upon death. Rooted in the Quran and Hadith, making a will serves the purpose of managing the deceased’s wealth and debts, ensuring provisions for those for whom mandatory inheritance laws do not apply, and facilitating charitable acts.
Etymology and Translations
- Arabic: وصية (Wasiyyah)
- Turkish: Vasiyet
Etymology: The term “wasiyyah” has its roots in classical Arabic, originating from the verb “وصّى” (wassaa), which means to advise, enjoin, or bequeath.
Legal Framework
Islamic law, particularly the Shari’ah, incorporates specific rules on the formulation and validity of wills:
- Written vs. Verbal Wills: Historically, as noted in Islamic tradition, many wills were verbal rather than written. This practice continues to influence contemporary Islamic law, which necessitates specific guidelines for verbal bequests.
- Limit on Bequests: Gratuitous acts, particularly when made on a death-bed, are permitted to operate only to the extent of one-third of the decedent’s property. The remaining two-thirds are reserved for the heirs, as prescribed by the Islamic law of inheritance.
- Validity of Acknowledgments: An acknowledgment made on a death-bed is considered valid if it favors an individual who becomes an heir after the benefactor’s death. However, if the heirship existed prior to the acknowledgment, it is deemed invalid.
- Special Cases: Particular rulings are applied to cases such as gifts or bequests made to a son who is a slave and later freed before the father’s demise. Such bequests are typically invalid under Islamic law.
Takeaways
- Scope of Will-making: Islam restricts the scope of wills to ensure that the obligatory rights of heirs are not overlooked.
- Death-bed Considerations: Special legal nuances apply to actions taken on a death-bed, reflecting a concern for fairness and prevention of undue influence.
- Heirship and Acknowledgment: The legal status of individuals at the time of acknowledgment or bequeathing significantly impacts the validity of a will.
Suggested Books for Further Studies
- “The Islamic Law of Inheritance: A Comparative Study of Recent Reforms in Islamic Countries” by Hamid Harasani.
- “Understanding Islamic Law: From Classical to Contemporary” by Hisham M. Ramadan.
- “Islamic Law and Jurisprudence” edited by Nicholas Heer.
Conclusion
The rules surrounding wills in Islam reveal a well-considered balance between the rights of heirs and the wishes of the deceased. The guidelines set forth in Islamic jurisprudence are designed to manage wealth distribution justly, protecting the interests of all parties involved and maintaining harmony within the Muslim community.
By understanding these laws and their applications, one gains deeper insight into Islamic principles of justice, equity, and familial obligations.
