📜 Understanding Islamic Legacy: Wills and Bequests
Definition
In Islam, a legacy (Arabic: التركة, atrikah) refers to the property or wealth left behind by a deceased person. Wills (Arabic: الوصية, al-wasiyyah) are legally documented expressions where individuals can specify how they wish their estate to be managed and distributed. Bequests (Arabic: المواريث, al-mawarith) specifically refer to the division of an estate according to Islamic inheritance laws.
Etymology
- Legacy (atrikah): Derived from the root “taraka” meaning to leave.
- Will (al-wasiyyah): From “wasiya,” meaning to counsel, enjoin, or advise.
- Bequest (al-mawarith): Originates from “waratha,” meaning to inherit.
Background
Islamic inheritance is governed by comprehensive laws that set forth the manner in which a deceased person’s estate should be distributed among heirs. The guidelines are derived from the Qur’an and Hadith and place great emphasis on fairness.
Cultural Differences and Similarities
- Islamic Perspectives: The principles emphasize the welfare of the family. Heirs have fixed shares according to their relationship with the deceased.
- Other Faith Traditions: Many other religions also have prescriptions around inheritance but can be more flexible. For example, Christianity allows broad testamentary freedom, whereas Hinduism has detailed succession laws in personal statutes.
- Universal Similarity: Across various cultures and religions, the purpose of a will is to express a person’s final wishes and ensure that their property is handled appropriately after their death.
Synonyms
- Testament
- Last Will
- Codicil (an amendment or addition to a will)
Antonyms
- Intestate (dying without a legal will)
Related Terms
- Faraid (الفرائض): The fixed legal shares of heirs under Islamic law.
- Executor (الوصي): The person appointed to execute the will.
- Estate: The entirety of a deceased person’s assets and obligations.
- Beneficiary: Someone expressly named in a will to receive a portion of the estate.
Exciting Facts
- A Muslim can bequeath up to one-third of their estate to non-heirs through a will. The remaining two-thirds must follow the laws of inheritance.
- First documented will in Islamic history is traditionally attributed to Imam ‘Ali, the cousin of Prophet Muhammad.
Quotations
- “It is the duty of every Muslim who has anything to bequeath not to let two nights pass without writing a will.” – Prophet Muhammad (Hadith)
Further Studies and Inspiration
Suggested Literature
- “Islamic Jurisprudence” by Abdur Rahman Doi
- “Inheritance in Islam: Law and Practice” by Mohammad Shoaib Ghani
- “Fiqh al-Mu’amalat: Islamic Commercial Jurisprudence” by Salahuddin Abdullah
Academic Sources
- Al-Qur’an
- Hadith collections (e.g., Sahih Bukhari, Sahih Muslim)
- “Islamic Inheritance Laws” by Sayyid Sabiq
### What is the maximum portion of an estate a Muslim can bequeath through a will to non-heirs?
- [x] One-third
- [ ] Half
- [ ] Two-thirds
- [ ] Entire estate
> **Explanation:** In Islam, up to one-third of an estate can be designated for non-heirs per the will; the rest follows the specified inheritance laws.
### What term in Arabic refers to the fixed shares of an inheritance?
- [ ] Al-Wasiyyah
- [x] Faraid
- [ ] Al-Tarikah
- [ ] Al-Mawarith
> **Explanation:** Faraid, from "farid," refers to the fixed shares of inheritance in Islamic law set for each category of heir.
### True or False: In Islam, a person can only leave a will if they possess significant wealth.
- [ ] True
- [x] False
> **Explanation:** Regardless of wealth, it is advised in a hadith that every Muslim should write a will.
### Which of the following literary resources is best for understanding Islamic Jurisprudence?
- [x] "Islamic Jurisprudence" by Abdur Rahman Doi
- [ ] "Inheritance in the East" by James Charles
- [ ] "Roman Testamentary Practices" by Paul Cummins
- [ ] "Law of the Ancients" by Adrian Maxwell
> **Explanation:** "Islamic Jurisprudence" by Abdur Rahman Doi is specifically focused on Islamic legal practices, making it highly relevant.
### According to Islamic tradition, who wrote the first will?
- [ ] Imam Bukhari
- [ ] Sultan Mehmet
- [ ] Abu Lahab
- [x] Imam ‘Ali
> **Explanation:** Imam ‘Ali, the cousin of Prophet Muhammad, is traditionally recognized with having written one of the first documented wills in Islam.
### What is the primary purpose of a will in Islam?
- [ ] To ensure only the family receives wealth
- [ ] To avoid taxes
- [x] To express a person’s final wishes and manage their estate posthumously
- [ ] To split wealth equally among all
> **Explanation:** The main purpose is to clearly express a person's final wishes ensuring their estate is managed according to their directives, within the legal framework.
### True or False: An executor is someone who witnesses the making of a will.
- [ ] True
- [x] False
> **Explanation:** An executor carries out the directives in the will after the person’s death, not merely witnesses its creation.
### Where do the principles of Islamic Inheritance laws primarily derive from?
- [x] The Qur’an and Hadith
- [ ] Magna Carta
- [ ] Roman Law
- [ ] The Decalogue
> **Explanation:** Islamic inheritance laws are primarily derived from the Qur'an and Hadith.
### Synonym for the term 'beneficiary' is?
- [ ] Executor
- [x] Heir
- [ ] Testator
- [ ] Nominee
> **Explanation:** A beneficiary in the context of a will is an heir, someone who is entitled to receive benefits from the deceased's estate.
### True or False: ‘Waratha’ means to counsel and advise.
- [ ] True
- [x] False
> **Explanation:** ‘Waratha’ means to inherit, whereas ‘wasiya’ means to counsel, enjoin, or advise.
