📜 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
