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WASEEYAH (WILL)

by it.ibrahim 0 Comments

Before dying, everyone should write or dictate a will giving away up to one third of their wealth to those who would not inherit from them based on the inheritance laws. This recommendation was instituted by the Allaah to protect the rights of non-inheriting relatives and friends. It is under this principle of waseeyah that Muslims may leave wealth for non-Muslim relatives or receive wealth from dead non-Muslim relatives. According to Islamic law, wealth obtained by waseeyah is not considered to be inheritance. Islaam considers inheritance to be the portions of the deceased’s wealth which the law assigns to various family members in the absence of a will. According to the system of Islamic inheritance laws (Faraa’id), non-Muslims cannot be classified as heirs of Muslims. Likewise, Muslims have no right to take portions of their dead non-Muslim relatives’ wealth allotted by non-Islamic systems of inheritance. The Prophet (PBUH) was reported to have said, “A Muslim must not inherit from a disbeliever, nor should a disbeliever inherit from a Muslim.” Sahih Al-Bukhari, vol.8, p.498, no. 756 and Sahih Muslim, vol.3, p.852, no. 3928. Consequently, the Prophet (PBUH) encouraged Muslims to record a will and keep it as soon as the need arises. “It is not right for a Muslim who has something to bequeath to pass two nights without having it in writing with him.” Reported by Ibn ‘Umar and collected in all of the six books of hadeeth. Sahih Al-Bukhari, vol.4, p.1, no.1, Sahih Muslim, vol.3, p.863, no.3987, Sunan Abu Dawud, vol.2, p.805, no.2856, Mishkat Al-Masabih, vol.1, p.656, and Muwatta Imam Malik, p.329, no.1449.