Bismillāhi Raḥmāni Raḥīm
Date: 2nd Muharram, 1442 A H / 21st August, 2020
Subject: Al-Farā’id (The Islamic Law of Inheritance)
Lesson: 80
Topic: Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 7
Sub-Topic: Similarities and Differences of Al-Waṣiyyah (Bequest) and Common Law Will (Lesson 2)
Dear Participants,

Alhamdulillah, in our last class, we started the discourse on the similarities and the differences between Islamic Will (Al-Waṣiyyah) and Common law Will where we discussed distinctly the definition of each. In continuance of this, Inshā’ Allāh today, we are looking at the similarities between the two; these include:

1. Al-Waṣiyyah and Common law Will are ambulatory, that is, they become effective and operational after the death of the deceased (Testator)
2. Both are revocable before the death of the testator. That is, the deceased has the right to change the content of the Will in accordance with the law that guided each process.
3. The pillars inherent in both processes to become valid are the “Testator”, the “Legatee” (that is, the beneficiary of the will) and the “Will Testament” (that is, the content).
4. Al-Waṣiyyah and Common law Will is tenable if they are written or pronounced by the testator who is sane and possess mental capability and was not under undue influence while making the Will.
Inshā’ Allāh, in the next class, we shall enumerate the differences that existed between Al-Waṣiyyah and Common law Will in term of their content, execution and application

Jazākumullāhu Khaeran for reading today’s lesson.
Yours in Islām
©Busari Muhammad Jamiu (Abū ‘Ᾱishah)
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The Founder/Instructor
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