Waṣīyah (وصية)
Definition
A waṣīyah (وصية) in Islamic law refers to a will or testament, an endowment whereby a person (testator) assigns how their property should be distributed after their death. The term is derived from Arabic “waṣīyah”, meaning “direction” or “will.” The plural form of the term is waṣāyā.
Etymology
- Arabic: وصية
- Turkish: Vasiyet
Key Terms
- Testator (مُوصِي, mūṣī; fem. مُوصِيَة, mūṣīyah): The person making the will.
- Legatee (مُوصى له, mūṣa la-hu): The person to whom the legacy is given.
- Legacy (مُوصى به, mūṣa bi-hi): The property or item bequeathed in the will.
- Executor (وصي, wasī; pl. أوصياء, auṣīyā): The person appointed to ensure the will is executed.
Regulations and Key Points
Legal Validity
- Wills may distribute up to one-third of the testator’s property without requiring the heirs’ consent. Beyond this, heir consent is needed.
- Wills are generally valid for both Muslims and Ẕimmīs (protected non-Muslims like Jews and Christians).
Bequest Restrictions
- A bequest to an heir is not valid without confirmation by the other heirs.
- If a legatee has caused the testator’s death, the bequest is void.
- Bequests cannot include unborn offspring or bequeath the offspring of slaves.
Acceptance and Rejection
- Acceptance must occur after the testator’s death and can be expressed or implied.
- Rejection of a bequest needs to be posthumous and can only be accepted later unless a magistrate appoints an executor.
Deathbed Gifts and Acknowledgments
- Gifts and emancipations on a deathbed are limited to one-third of the property.
- Emancipation (freeing of slaves) is prioritized over other bequests.
Usufructuary Wills
- Items may be bequeathed for their use or the fruits they produce, not the item itself.
- The bequest becomes void upon the death of the legatee.
Executors
- An executor must accept their role or indicate acceptance through actions.
- Joint executors must cooperate, except for urgent matters.
- Executors have specific duties and powers, including property sales and management.
Evidence Regarding Wills
- The evidence of executors or relevant parties can attest to the will’s authenticity.
- Mutual evidence may be admitted regarding debts but not legacies without specific conditions.
Books for Further Studies
- “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali - Provides a broad understanding of Islamic law and its principles.
- “Islamic Law of Inheritance” by Hamid Khan - Detailed exploration of inheritance rules in Islam.
- “The Succession Prophet – Succession and Wills in Islam” by Abdur-Rahman Al-Sheha - Focuses on the Islamic perspective on inheritance and will-making.
Key Takeaways
- A waṣīyah allows Muslims to control the distribution of a portion of their estate.
- Islamic wills are deeply rooted in ensuring fairness and adherence to religious principles.
- Legal constraints ensure that wills do not unjustly affect heirs or violate Islamic values.
Conclusion
Understanding waṣīyah (wills) in Islam involves recognizing their religious significance and legal intricacies. Proper adherence to Islamic law ensures that both spiritual duties and social justice are honored in a Muslim’s final testament, emphasizing fairness, clarity, and compassion in dealing with one’s legacy.
