Week 01: Introduction & Will/Wasiyyah/ Bequest (Part-I)

The course is in continuation of Islamic Personal Law-I. The students being acquainted with the guiding principles of Islamic Law confronted in their personal lives will be prepared to further study deeply and comprehensively in this semester. After completion of the study, the students will be enabled to acknowledge the excellence of the course.

Concept of will under Muslim Law
A Will or Testament or Wasiyat has been defined as “an instrument by which a person makes disposition of his property to take effect after his death.”
Tyabji defines Will as “conferment of right of property in a specific thing or in a profit or advantage or in a gratuity to take effect on the death of the testator.”
The distinguishing feature of a Will is that it becomes effective after the death of the testator and it is revocable.
Unlike any other disposition (e.g. sale or gift), the testator exercises full control over the property bequeathed till he is alive: the legatee or beneficiary under the Will cannot interfere in any manner whatsoever in the legator's power of enjoyment of the property including its disposal or transfer (in that case the Will becomes revoked).

In Muslim law, the testamentary document called the will is referred to as Wasiyat .Will orWasiyat is a document made by the legator in favour of legatee which becomes effective after the  death of the legator. Under Muslim law no person is entitled to make will of the whole property.Limitations are imposed in making will.The reason being to pay the respect to the word of prophet in order to ensure the shares of the legal heirs. In case of will of absolute property nothing will remain for all sharers prescribed under Muslim Law. Wills are declared lawful in the Quran, though the Quran itself does not provide for the testamentary restriction of one-third.The permissibility of bequests up to one-third is traced to a Hadis of the Propeht which ahs been stated by Sa’d Ibn Abi Waqqas and reported by Bukhari.

Part- I deal with Meaning , Nature and legal validity of Bequest.

Relevent Law

Principles of Muhammad Law by D. F Mullah'S Chapter IX (Sections 115 to 120)

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