📜 Unveiling WAṢĀYĀ (وصايا‎): Precepts and Wills in Islam

Definition

WAṢĀYĀ (وصايا‎) – the plural form of waṣīyah – refers to the precepts, injunctions, or commandments regarding wills in Islamic law. In Sharia, WAṢĀYĀ addresses how Muslims should manage the distribution of their assets and responsibilities after their death. It emphasizes fairness, justice, and adherence to Islamic principles.

Etymology

The term WAṢĀYĀ (وصايا‎) derives from the Arabic root waṣā (وصى), meaning to enjoin or to give a directive. This root signifies binding recommendations or commands, highlighting the obligatory and advisory nature of these precepts in one’s testament.

Background

In Muslim tradition, the practice of creating a waṣīyah is deeply embedded in both jurisprudence (fiqh) and spiritual obligations.

• Qurʾānic Foundation: The concept of WAṢĀYĀ can be found in several Qurʾānic verses, notably in Surah Al-Baqarah (2:180) and Surah An-Nisa (4:11-12), which detail portions for heirs and the importance of fulfilling one’s obligations posthumously.
• Hadith Interpretations: Multiple hadith, or sayings of Prophet Muhammad, expound upon the practicum of writing wills, striking a balance between fair distribution and not causing hardship for kin.

Cultural Differences and Similarities

Cultural Differences:

• Western Perceptions: In many Western legal systems, wills are predominantly secular and fulfill state regulations, while in Islamic contexts, they are both a legal and religious duty.
• Implementation: In practice, Islamic wills often need to be harmonized with local legal systems to ensure legal validity.

Cultural Similarities:

• Universal Motives: At their core, wills serve the universal purpose of ensuring one’s wishes are respected after death and providing for successors and dependents.
• Ethical Considerations: Both Islamic and non-Islamic traditions emphasize fairness and ethical dispositions.

Synonyms

1. Testament (وصية - waṣīyah)
2. Bequests
3. Last Will

Antonyms

1. Intestacy
2. Absence of Testament

Related Terms with Definitions

1. Fiqh (فقه): Islamic jurisprudence or the human understanding of Sharia.
2. Maʻ mûlat (معاملات): Grievance or transactional dealings in Islamic law.
3. Waqf (وقف): An endowment made by a Muslim to a religious, educational, or charitable cause.

Exciting Facts

• Historical Roots: The practice of writing wills predates Islam but was harmonized into Islamic law with explicit guidelines.
• Influence on Legal Systems: Several Muslim-majority countries incorporate WAṢĀYĀ principles within their statutory laws.

Quotations from Notable Writers

“To enjoin justice and fairness in wills is to carry forth divine ethics upon the earthly plane.” - Shaykh Al-Ghazali

References

1. Abdal-Hakim Murad, “Understanding Islam and the Muslim Traditions”, Cambridge Publishing, 2010.
2. Ingrid Mattson, “A Reflection on Islamic Family Law”, Blackwell Publishing, 2014.
3. Yasir Qadhi, “An Introduction to the Qurʾān and Hadith”, Dawah Books, 2017.

Suggested Literature and Inspirational Thought:

1. “The Islamic Law of Inheritance and Wills” by Abu Ameena Bilal Philips
2. “Inheritance and Wills in Islam” edited by Noorullah Khalid