Bismillāhi Raḥmāni Raḥīm
Subject: Al-Farā’id (The Islamic Law of Inheritance)
Lesson: 73
Topic: Al-Waṣiyyah (Shariah-Compliant Will/Bequest): Part 2
Sub-Topic: Is Al-Waṣiyyah an Abrogated Institution in Al-Farā’id ? (Lesson 2)
Dear Participants,
In our last lesson, we started a discussion on the legal standing of Al-Waṣiyyah as abrogated or not, and today Inshā’ Allāh we intend to conclude it. On this discourse, majority of Ṣahābah such as Ibn ‘Umar, Ibn ‘Abbās, Ibn Zayd and some scholars believed that the obligation of Q2:180-82 has been abrogated and replaced with inheritance verses; hence, Al-Waṣiyyah (bequest) remain recommendatory in as much it does not infringe upon the rights of the legal heirs and does not exceed one-third of the estate.
Muslim jurists also unanimously agreed that quantum of wealth or property of which a bequest or legacy can be bequeathed with equity must be an abundant wealth in tandem with various aḥādith in which the Prophet advised the dying Companion who sought his opinion on what to give out as legacy or bequest. He told him that leaving his heirs wealthy is better than leaving them poor. This was the views of our mother ‘Āishah, Khalīfah Ali bn Abī Ṭālib ,some Sahābah and jurists. It must also be noted that, invariably, according to Islamic law of inheritance, Al-Waṣiyyah’s provision takes precedence over apportioned shares to be taken by the legal heirs, that is, the fulfillment of Al-Waṣiyyah is one of the preconditions of al-Mīrāth to be settled in reference to Allāh’s injunction in Q4 verses 11 and 12 where He says: “……after the payment of legacy (bequest) or debt…..”
In conclusion, Al-Waṣiyyah is not abrogated but becomes a recommendatory act of inheritance to soothe non-heirs after the death of the testator. Inshā’ Allāh, lessons on Al-Waṣiyyah as scheduled continues in our next class.
Jazākumullāhu Khayran for reading today’s lesson.
Yours in Islām
©Busari Muhammad Jamiu (Abū ‘Ᾱishah)
The Instructor (+2348023670884)
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