�Bismillāhi Raḥmāni Raḥīm
Subject: Al-Farā’id (The Islamic Law of Inheritance)
Topic: Al-Wasiyyah (Shariah-Compliant Will/Bequest): Part 1
Sub-What is Al-Wasiyyah?
Dear Participants,
Last week, we highlighted themes to be learnt under Al-Wasiyyah. Alhamdulillahi, today we are looking at the meaning of Al-Wasiyyah under Islamic law. Al-Wasiyyah simply means bequest, earmarking part of someone’s property as a gift for a beneficiary while alive, a process of gifting out a portion of someone estate to other contingent as a form of sadaqah to be taken over after someone’s death and so on. It comes from a word “Wasah” which means to “to bequest” and “to appropriate something for someone”
Technically under Sharī’ah, Imām al-Shāfi‘i was reported to have defined Al-Waṣiyyah as “the means of authorizing possession of one’s wealth or possession to someone else after one’s death by way of charity (Tabāru’)” while Imām Al-Shawkāni also defines it as “a special pledge to donate something after death”. It is also believed that Al-Waṣiyyah is an ambulatory disposition (gift) which is classically a partial intestacy that usually transpires where a praepositus (deceased) makes an Islamic Will to cover some of his properties but leaves out other parts of his estate to be determined by rules of intestacy (Al-Mirath).
However, Al-Waṣiyyah as a gift may be in form of cash, claim or debt or any other benefit in which the transfer of the right from the benefactor to the beneficiary becomes effective only after the death of the benefactor. In summary, Al-Waṣiyyah is out rightly an outstanding directive pre-arranged by a person (testator) in respect of certain outstanding duties against him or her, which he or she overtly or covertly did not carry out before his or her death.
Inshā’ Allāh we continue in the next class.
Jazākumullāhu Khayran for reading today’s lesson.
Yours in Islām
©�️Busari Muhammad Jamiu (Abū ‘Ᾱishah)
The Instructor (+2348023670884)
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