WAṢĀYĀ (وصایا)
Definition and Usage
WAṢĀYĀ (وصايا), plural of waṣīyah (وصية), refers to “precepts” in a broader sense, but more specifically pertains to wills and regulations concerning their execution in Islamic jurisprudence.
Etymology
- Arabic: The word waṣīyah (وصية) derives from the root و.ص.ي (W-Ṣ-Y), which conveys the meaning of entrusting or enjoining. The term WAṢĀYĀ (وصايا) is its plural form.
- Turkish: In Turkish, vasiyet is used similarly to mean “will” or “testament.”
Legal Context
WAṢĀYĀ hold a significant status in Islamic law, particularly in the branch known as Fiqh or Islamic jurisprudence. Here, it touches upon several essential aspects:
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Will (Wasiyyah): A waṣīyah serves as a testamentary disposition where a person allocates a portion of their properties or assets to be distributed after their demise, falling within Islamic inheritance laws.
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Financial Bequeathing: According to Islamic law, a Muslim is permitted to distribute up to one-third of their wealth through waṣīyah to individuals who are not legal heirs.
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Ethical Precepts: Often, waṣīyah can also include spiritual and moral advice laid down by the deceased to be followed by their descendants or those entrusted with its execution.
Qur’anic References
The concept and regulations related to WAṢĀYĀ are also underlined in various verses of the Quran, for example:
- Surah Al-Baqarah (2:180) - “It is prescribed for you, when death approaches [any] one of you if he leaves wealth, [that he should make] a bequest for the parents and near relatives according to what is acceptable—a duty upon the righteous.”
Cultural Practice
In many Muslim communities, the practice of formulating a waṣīyah has both religious and legal gravitas:
- Ensuring Fair Distribution: Encouraging the practice to prevent family disputes and ensure that the deceased’s wishes are fulfilled.
- Cultural Rituals: Performers often invite religious scholars to oversee the process for spiritual authenticity.
Recommended Books for Further Studies
- “Islamic Law of Inheritance: An Introduction” by Dr. Javaid Rehman
- “Inheritance and Wealth in Islam and the West” by Sarfraz Khan
- “Islamic Jurisprudence: An International Perspective” by C.G. Weeramantry
Takeaways
- WAṢĀYĀ is a plural form of waṣīyah, focusing on wills and religious precepts within Islamic law.
- Its primary implication is in the fair and ethical distribution of a deceased person’s wealth.
- Recognized both religiously and legally, it ensures the deceased’s wishes are met within Islamic inheritance law.
Conclusion
WAṢĀYĀ, embodying both spiritual and pragmatic facets of wills within Islamic jurisprudence, holds significance in guiding the practice of inheritance and the ethical delivery of one’s final wishes. The comprehensive study and proper implementation of waṣīyah ensure harmony and justice, reflecting core Islamic values.
