Understanding the Testament (Will) in Islam
Will and Testament in Islam
Every Muslim should understand what it is. Misunderstanding of a will, can have a fatal impact. One of the will, can be fatal. As a good Muslim, this part must be understood, because we will surely die.
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Some illustration :
A few days passed I talked to a man from a polygamous family. This means that his father has two wives and he is the son of the second mother. From the father's first mom got nine children, while from the second mother she got five children. Before the father dies he wrote the will containing the procedure of dividing the inheritance of his treasures. The children of the second mother were given inheritance in the form of two locations while the children of the first mother were given inheritance from one location whose value is much greater than the value of the two locations above.
This is an example of a will case not justified by the Shari'a. Why is the above testament a forbidden testament? lets see below.
Understanding Will
The word Wasiat (will) includes an Arabic vocabulary that has become our common language. In the original, the Arabic will means a stressed command.
The testament in the broadest sense is the advice given to a person who is close to the heart like a child, relative or close friend to do a good thing or stay away from a bad thing. A testament with an understanding gives an important message when it comes to parting with the recipient of this message, usually given when the death is imminent, going long distances or parting for other reasons.
While the testament we discussed this time is specifically related to messages delivered by people who want to die.
This type of testament can be divided into two categories:
First, will to people who want to do something, such as paying debts, repatriating loans and deposits, caring for abandoned children, and so forth.
Second, inheritance in the form of property (later we call Treasury Will), to be given to certain parties and this gift is done after the one who has a will is dead.
The Law of Wasiat (Will or Testament)
The law of a will depends on the condition of the person who presented the will. Here are the details:
- Delivering his or her legal will is obligatory for a person who has a debt or keeps a deposit or bears the rights of another person, who is feared whenever a person does not intend that the right is not fulfilled to the person concerned.
- His will is recommended for the person who has abundant wealth and his heirs are well off. He is encouraged to be a will to dedicate a portion of his property, either one-third of the total property or less, to relatives who are not inherited or to various social activities.
- Will becomes makruh for the person if he has only few treasure and his heirs are people who treasure barely. therefore many companions of radhiyallahu 'anhum, died with not leaving a will with his property.
Similarly the hadith which tells the Prophet permitted Saad ibn Abi Waqash for his alms to be one-third the total of his wealth [Bukhari and Muslim]. (See Below)
Requirements Legitimate Testament
First, in the case of a testament in the form of asking others to take care of such things as paying the debt, caring for the abandoned child is required that the person given the will is a Muslim and people of understanding (not Crazy). Because if not, feared mandate in the testament cannot be done properly.
Second, the one who has a will is a people of understanding (Not crazy) and owns the property to be inherited.
Thirdly, the contents of the will submitted have a Mubah (permitted.) law. Illegitimate testament in the case of a haram, such as a will to mourn after death or interstate that some of his property is given to the church or to finance the bid'ah ( innovation in religious matters), or immoral events.
Fourth, the person who is given a will, is willing to accept the will. If he refuses then the will is void and after rejection, the person is not entitled to what is in that will.
Among the Provisions of the Testament
First , the person who has a will can correct or change the contents of the will. According to Umar's words,
"Someone may change the contents of his (own) will as he wishes."
(Narrated by Baihaqi).
Second, no treasury will be more than one-third of the total wealth. Considering the word of the Prophet to Saad bin Abi Waqash forbidding him to have a will by two-thirds or half of his total wealth. When Saad asked the Prophet, how about a third then the Prophet's answer,
"One-third, but a third of it is already much. If you leave your heirs in good condition it is better than you leave them in a poor condition and then they beg to many people. "
(Narrated by Bukhari and Muslim).
Thirdly, it is recommended that less than a third, as some people explain, "I wonder that, If a man wants to decrease his wealth that is willed from a third to a quarter, because he remembers the word of the Prophet 'One-third, but a third of it is already much.'"
Fourthly, it is best to be willed with one fifth of his total wealth, given Abu Bakr's words,
"I am Ridha (willing) with what Allah Ridha (Willing) for him" it is one fifth. "
(Syarh Riyadhus Shalihin by Ibn Uthaymeen, 1/44).
Fifth, the prohibition of intent with more than one-third is valid only with the person who has the heir. Whereas a person who has no heir is allowed to have a will with all his property.
Sixth, a Testament with more than one-third may be executed when all the heirs agree and do not question it.
Seventh, illegitimate (haram), will of property given to the heirs who are inherited even with a small nominal, unless all the heirs agree to allow it, after the testator's death. The Prophet sallallaahu 'alaihi wa sallam said,
"Indeed, Allah has granted to all who have the right what is his due. Therefore there is no treasury will for the inheritance. "
(HR Abu Daud, judged saheeh by al-Albani).
Eighth, If the treasury will for the inherited person is only approved by some heirs because the other part expressed his disagreement then the contents of the testament in this condition can only be executed on the part that approves the contents of the testament but can not be applied to the part of the inheritance that does not approve it.
Last.
In the case of a testament in the prologue section of the text, the will is a forbidden testament, since the will makes the Islamic rule in the division of inheritance unworkable. In the rule of Islam, all children of both first and second mothers have equal rights over their father's estate. So that all the property of the father should be well inventoried and then distributed to all existing children, both from first mother and second mother. Then divided by the Islamic rule that boy gets twice as much part of girl.
Allahu a'lam.
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