The Testament For Property

 

The Testament For Property (L-210)

كُتِبَ عَلَيكُم إِذا حَضَرَ أَحَدَكُمُ المَوتُ إِن تَرَكَ خَيرًا الوَصِيَّةُ لِلوالِدَينِ وَالأَقرَبينَ بِالمَعروفِ ۖ حَقًّا عَلَى المُتَّقينَ180.

180.  Kutiba  ‘alaykum  ‘izaa  hazara ‘ahadakumul-mawtu  ‘in-  taraka  khay-ranil-wasiyyatu  lil-waalidayni  wal-‘aqrabiina  bil-ma’-ruuf.  Haqqan  ‘alal-Muttaqiin.

180.  It is decreed for you: when death approaches one of you, and he leaves wealth, to make a testament in favor of the parents and the relatives, fairly and correctly—a duty upon the righteous.

 ‘Al-wasiyyatu – (Bequeath, testament, making a will) its literal meanings are ‘to order’ and ‘to request’. According to the Divine’s Law, it means ‘those instructions which are arranged to make (a will) by the individual who is at the death’s door for his/her followers/heirs, which are fulfilled after his/her death. The religious scholars have described many kinds of ‘Wills’:

1.   Some bequests are proper (Waajib), for example; paying the poor-due, security, safeguard (trust) or the will to return the loans, which is extremely necessary and duty to be fulfilled.

2.   Some legacies are Mustahib, likewise to bequeath for any good work or to give something to any that relative who cannot get any part of hereditary/inheritance according to the Laws of Will.

3.   Some are only Mubaah that is to say; to bequeath for any legal issue.

4.   Some are those which are forbidden to be fulfilled according to the Commands of Holy Qur’an, as if, anybody bequeaths for any unlawful deed which is prohibited to be fulfilled.

5.   Some Wills are called Maw-quuf. It is necessary to regard some limitations for this type of Will to be fulfilled, for instance; if any individual bequeaths for more than one third (1/3) part of his property. Its execution depends upon the dismissal of other heirs. Some questions have been described in the forthcoming verses about the matters of bequeathing. If we keep them in front also then the entire matters will be solved.

There were some Islamic commands mentioned in the previous verses regarding murder. Now instructions about the property/wealth of the dead are being discussed. At another place in Holy Qur’an, the shares of entire heirs and the rightful have been prescribed. So the bequest will be examined in the light of those shares. However, it may be bequeathed out of the third part of the property.

Bil-ma’-ruuf  - (According to usage), this word has already been used earlier. ‘Urf is its origin, that is to say; the known matter like this, usually, that would be considered as righteousness and betterment. So, one translation of it may also be ‘according to the customs’. Fixing its condition in the Will, all those badness have been stopped, which any such individual could do, who would be going to bequeath, due to being biased or displeasure that he might give someone more than his right and the other’s right might be lost. https://youtu.be/72pO5XOCEXQ