The timing of
death is uncertain but the death is certain!
The Wasiyyah or
“will” has been addressed in the Glorious Qur’an in Surah al-Baqarah Ayahs 180
to 182: “If one of you facing death can leave a legacy, he should be
bequeathing it to his parents and relatives, according to the law. This is the
duty of the pious. Whoever intentionally changes the will of a deceased person
has committed a sin. Allah is Al-Hearing and All-Knowing. One who is afraid of
the testator’s deviations and sin and settles the matter among the parties
involved has not committed a sin. Allah(s.w.t.) is All-Forgiving and All-Merciful.”
In the above Ayah where the word “Legacy” is used for the Arabic word “Khair”. This shows that Islam does not discourage earning
sustenance through lawful means. The
Commander of the Faithful said: “O Son of Adam, be your own representative in
the matter of your property and do about it whatever you want to be done with
it after your death.” (Saying # 254). It is recommended that while making
the wasiyyah, one should be fair and judicious and not unjust to his survivors.
It is narrated that when an Ansari Muslim died and gave away everything in the
way of Allah without giving any thing to his small children. When the Noble Prophet (s.a.w.a.s.) became
aware of this, he was very angry and said: “If I would have known earlier I
would have asked not to bury him in the Muslim grave yard because he had left
his small children as beggars.”
Our Infallible
Fourteen, except Imam Mahdi (a.t.f), had made Wasiyyah. The Noble Prophet
(s.a.w.a.s.) had made Wasiyyah to Imam Ali (a.s.), The Lady of Paradise Sayyida
Fatima Zahra (s.a.) made Wasiyyah to Imam Ali (a.s.) asking him to wash her
body, carryout funeral at night, and not to inform those who tortured her! Imam
Ali (a.s.) made Wasiyyah to Imam Hasan (a.s.) and Imam Husayn (a.s.)and other children.
Subsequently every Imam made Wasiyyah to his son.
Wasiyyah is closely linked with Inheritance. In the Glorious
Qur’an, the rights and shares of different relations of the deceased have been
elaborately described. In actual life situations there may be instances where
the share is given to a relative who is affluent compared to another relative.
Moreover, a dying person may wish to give monetary benefits to such persons, or
other charitable institutions, which are not covered in the laws of
inheritance. For all such situations, Islam has prescribed the system of
Wasiyyah or will, where a man can
distribute one-third of his resources to such persons who are not included in
inheritance or otherwise desires to increase the share to a relative.
A dying person will have obligations of this world and
the obligations to the Creator Allah (s.w.t.). Apart from the above situations,
a dying person should either discharge his financial obligations to others if
possible or state it in the will to be paid off. Likewise, any obligations to
Allah like missed salaat, missed fasting, unperformed Hajj etc. should be
written in the will and proper arrangement be made by the surviving family
members to taken care of the same.
The Noble Prophet
(s.a.w.a.s.) said: “It is not proper for a Muslim to pass two nights except
that his last Will and Testament is near his pillow.”
If a person dies without making a Wasiyyah, then the
government will appoint an executor who will distribute the estate (the
property, cash or other assets of the deceased) among the heirs as he deems
fit. Moreover, his expenses will be paid out of the estate. It is advisable to
become familiar with the laws of the country about the will. The first problem
will arise as to who should administer the estate. The administrator cannot
easily obtain the “Probate” (the power
to distribute the wealth) from a
court of law which may take long time. Pending the receipt of Probate, the bank
accounts of the deceased would be frozen and the beneficiaries will not be able
to withdraw money for meeting normal expenses unless it is a joint account.
The right of
one-third of estate can only be exercised when a wasiyyah is in writing.
Whether a wasiyyah is
in writing or not, the legal and religious expenses will be deducted first
before proceeding to the distribution of estate to the beneficiaries.
Sources used:
The Glorious Qur’an, Tafsir-e-Namoona by Ayatullah Nasir
Makrem Shirazi, mnjamat.org
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