Will or testament is defined as how an individual decides how his property or fortune will be distributed to his family, children, relatives, or others after his death. According to Sahih Al Bukhari, it is obligatory for a Muslim who has something to bequeath to write a will within two nights. According to Muslim law, if a person possesses property or riches, he must create a will. This clearly illustrates the entire notion. His relatives might initiate the will's legal actions upon his passing.
The significance of Islamic Will
Muslims must understand the significance of Islamic will distribution, as it is one of their responsibilities.
- According to Sharia, if a person dies without leaving a testament, he is regarded to have given up his life unwillingly, but this does not apply to those who met the same conditions as the deceased.
- It provides you hope and tranquility by reassuring you that your family and children will be safe after your death.
- You can provide aid and assistance to the needy and impoverished. It functions as Sadqa-e-Jariya when you include a provision in your will for a charitable cause. In this manner, you earn sawab and ajr in the hereafter.
QURAN AND INHERITANCE LAW
The Holy Quran describes the various rights of all living things, including inheritance law. The Holy Book describes inheritance in detail in three verses from chapter four. (Verse 11, 12, and 176). These passages give contemporary religious academics all the information they need to discuss this law in detail using logic. The following are some fundamental principles:
IMMEDIATE RELATIONS-FAMILY MEMBERS
According to the Quran, a decedent's closest relatives have the first claim on his or her estate. Islam has established a defined share for each family member that cannot be denied under any circumstances during Islamic will distribution. The fixed ratio is computed after bequests and Islamic responsibilities or duties. Because the Holy Quran mentions the rights of family members, you cannot omit any family member from your will. The fixed family members consist of the spouse, the daughter, the son, the brother, the sister, the half-brother, the half-sister, the parents, and the grandparents.
Occasionally, the estate is left with a surplus or balance after the total computation for the fixed members has been completed. In this instance, according to Islamic will distribution, the remaining balance is distributed to distant relatives, including uncles, aunts, nephews, nieces, and any other remaining related.
FEMALE VS. MALE
Since ancient times, women were considered property since they were traded and divided among male heirs. The eldest son was authorized to inherit the estate by excluding the other family members from the will. The Quran ended these discriminatory traditions and simplified the process of Islamic will distribution by emphasizing the degree of familial ties rather than gender bias. According to inheritance law, women inherit half of what men receive. While adjustments to the will and distributions rely on the nature of familial ties and the number of inheritors.
The verse from the Quran states, 'a portion for man equivalent to two women' is implemented if the children inherit the share after the parents' demise. In all other instances, the distribution of shares is equal between men and women.