Will and Inheritance in Islam
There are clear guidelines in The Glorious Qur`an and the Prophetic teachings to follow in drawing up wills and distributing inheritance. Allah Ta`ala has specifically addressed the issue of how inheritance should be distributed amongst the heirs in verses eleven and twelve of surah no. 4 of The Holy Qur`an. There are many virtues reported for writing up a will (testament) including death upon righteousness, prophetic code and forgiveness from Allah. The Prophet (peace and salutations be upon him) said, “It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a will about it.” [Bukhari]
THE EXPENSES OF THE ESTATEThe inheritance and estate of the deceased should be allocated and executed after his or her death in the following sequence:
- Payment of Funeral expenses
The trustees are duty-bound to ensure that the expenses of funeral are moderate. However, if they are excessive in the burial expenditures, they will be required to compensate the estate for the surplus. Similarly, voluntary additional contributions such as feeding the deceased’s family should not be paid out of the funeral expenses.
- Clearance of debts
This should be hastened. The Prophet (peace and salutations be upon him) said, “The soul of the believer is suspended [from any judgement or reaching its noble destination] because of his debt until it is paid off.”
- Execution of will/ bequests
The will (also called wasiyyah) is executed after payment of funeral expenses and any outstanding debts. It is desirable for a person to bequeath some of his wealth in good cause. The bequest for an irreligious cause should not be fulfilled. The bequests made for heirs will only be executed if the rest of the heirs consent to it. However, bequests made for non-heirs must be abided by as long as the amount does not exceed one third of the net estate unless the other heirs consent to it (after having trusts returned to their rightful owners, burial expenses and payment of debts).
Sa‘d ibn Abi Waqqas (may Allah be pleased with him) asked the Prophet (peace and salutations be upon him) whether he should give two-thirds of his property in charity after his death since he had much property and only a single daughter as heir. The Prophet PBUH allowed only one-third saying, “You may [give one-third], though one-third is also too much, for it is better for you to leave your offspring wealthy than to leave them poor, asking others for help” [Bukhari & Muslim]
The person (who is approaching death) should ask the heirs to compensate from his inheritance any religious liability or obligation on him, i.e. which is the price of half a sā` (1.592136 kilograms) of wheat for each salah and each fast missed. However, to bequest more than one third is suspended upon the approval of the mature heirs.
- Distribution of estate amongst the heirs (according to Sharia)
The money and assets which the deceased leaves behind now belongs to the inheritors as stipulated by Sharia. No other individual has the right to consume or move the assets and money as to their wish.
WHAT IS INCLUDED IN THE ESTATE?
All that which the deceased owned and possessed during his or her lifetime will form part of estate. This includes, personal clothing, watches, glasses, rings, properties, businesses, vehicles etc. However, the wealth that does not belong to him or was acquired wrongfully must be returned to the true owners and will not form part of the estate.
IMPORTANCE OF DRAWING UP A WILL IN WRITING
If the person dies without a will, the secular law will now dictate who gets what. A will allows the individual to decide what happens to his or her money, property and possessions after death. Furthermore, in the case of writing up a will, the heirs will be duty-bound by Sharia to discharge him from liabilities such as payment of fidyah (compensation) from up to one third of the complete estate.HOW SHOULD THE WILL BE WRITTEN
The individuals may write the will themselves, but legal advice should be sought from professionals, such as from Citizens Advice, and an Islamic scholar to ensure the will is interpreted as you would like and in accordance to the Islamic law as well as the country law. It is better to store the will in a reliable and secular places known to close associates such as with other important documents or with a solicitor.
LEGAL REQUIREMENTS
However, for the will to be legally valid, it must be written and signed in the presence of two aged 18 or over witnesses. An official alteration (called a codicil) or new will is required in the case of updating or amending the will.
A copy of the last will and testament and an appendix/ guide for the purpose of easiness can be emailed to you upon request. You may simply fill in all the details and keep it in a safe and secure place. Our email address is info@askourimam.com.
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Posted in General on 9th Mar 2016 by Our Imam | 1268 Views
