ASSIGNMENT

Mr. Hamid had 4 children (Nazakat, Zafar, Sobia and Ahsan) however Mr. Hamid during his life made a
will in favor of ‘Zafar’ and he said after his death all his property will go to ‘Zafar’, now this was not
objected by other legal heirs (Nazakat, Sobia and Ahsan) at the time of making of the will. Mr. Hamid
also executed a will deed in writing in favor of ‘Zafar’. After two years of making of the will, Mr. Hamid
passed away and Zafar filed a suit claiming that he was the absolute owner of the whole property left by
his father ‘Hamid’ and that his other brothers and sister had no share in the property. The other legal heirs
appeared in suit filed by Zafar and contested the suit. (Scenario is Hypothetical and so are the names
used). In light of above, explain the following concepts keeping in view the Islamic principles,
Muhammadan law and latest case law

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a. The Concept of Will/Wasiyat in Islam

INTRODUCTION

According to Islamic law, a person can dispose of their property and assets when they pass away by
creating a will, or wasiyat. According to the guidelines outlined by Islamic law, the will must be made in
conformity with:

1.The testator, or person who creates the will, must be of legal age and sound mind.

2.The will must be freely executed without force or improper influence.

3, The testator or another person must sign the will in writing in the testator's presence and in line with the
testator's instructions.

4.Only one-third of the testator's property may be distributed through a will. The legal heirs will get the
remaining two-thirds of the estate in accordance with the inheritance guidelines established by Islamic
law.

EXPLANATION

In the specific scenario according to Islamic law these are the understanding I understand
 According to Islamic law, a person can dispose of up to one-third of their property by way of a
will, while the remaining two-thirds must be distributed according to the laws of inheritance
(Faraidh).
  Mr. Hamid made a will in favor of his son Zafar, but this cannot be used to disinherit or deprive
the legal heirs of their share in the property.

 The other legal heirs (Nazakat, Sobia, and Ahsan) did not object to the will at the time of its
making, but they have the right to contest it after Mr. Hamid's death.

 If the legal heirs contest the will, the court will examine its validity and determine whether it was
made in accordance with Islamic law.

 If the court finds that the will was invalid or did not comply with Islamic law, the property will be
distributed among the legal heirs according to the rules of inheritance.

 Therefore, Zafar cannot claim to be the absolute owner of the whole property left by his father,
and the court will determine how the property should be distributed among all legal heirs in
accordance with Islamic law.

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b. How can will/bequest be revoked?

Under Islamic law, a will or bequest can be revoked by the testator at any time during their lifetime. There
are several ways through which a will can be revoked, including:

1.Making a new will that revokes the previous one explicitly or implicitly.

2.Physically destroying or canceling the previous will.

3.Making a statement or declaration in the presence of two witnesses that the previous will is revoked.

4.Changing the disposition of the property in the will during the lifetime of the testator.

EXPLANATION

In the specific scenario according to Islamic law these are the understanding I understand

 Mr. Hamid could have revoked the will in favor of Zafar by tearing up the document or making a
new will.
 If Mr. Hamid did not revoke the will and continued to act in accordance with it until his death, the
will would remain valid and enforceable.
  This means that Zafar would be entitled to inherit the property in accordance with the terms of the
will.
 The other legal heirs would not be able to contest the will unless they could prove that it was
invalid or did not comply with Islamic law.
 If the will was found to be invalid, the property would be distributed among the legal heirs
according to the rules of inheritance.

The first way is by making a new will. If someone wants to change or revoke their previous bequest, they
can create a new will that supersedes the previous one. The new will should clearly state the intention to
revoke or amend the previous bequest and provide details of the new bequest.

The second way to revoke a bequest is by destroying the original will. This can be done by tearing it up,
burning it, or shredding it in the presence of witnesses. However, it is important to note that the
destruction of the original will should be done with the intention of revoking the bequest.

The third way to revoke a bequest is by mutual agreement with the beneficiary. If the beneficiary agrees
to relinquish their right to the bequest, then the testator can revoke the bequest and distribute the estate
according to the rules of Islamic inheritance.

It is important to note that once the testator has passed away, the bequest becomes irrevocable. This
means that the bequest cannot be changed or revoked after the testator's death. The distribution of the
estate will be carried out according to the terms of the bequest and the rules of Islamic inheritance.

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c. Why bequest cannot be made to everyone? The Islamic basis

 Islamic inheritance laws are based on Quranic verses and the teachings of Prophet Muhammad
(peace be upon him).

 The laws ensure a fair and just distribution of the estate among legal heirs according to their
prescribed shares based on the degree of relationship to the deceased.
  A person can make a bequest of up to one-third of their estate to someone who is not entitled to
inherit under Islamic inheritance laws.

 The bequest is seen as an opportunity to benefit a person or a cause that is not covered by the
Islamic inheritance system.

 The bequest is limited to one-third of the estate to ensure that the legal heirs are not deprived of
their prescribed shares.

 A bequest to a legal heir who is entitled to inherit under Islamic law is prohibited to ensure
fairness and justice in the distribution of the estate.

 These limitations are prescribed by the Quranic verses and the teachings of Prophet Muhammad
(peace be upon him) to ensure fairness and justice in the distribution of the estate

EXPLANATION

Another reason why bequest cannot be made to everyone is the need to prevent disputes and conflicts
within the family. The Islamic inheritance system provides a clear and fixed distribution of the estate
among legal heirs, which minimizes the potential for disagreements and disputes among family members.

If a bequest is allowed to override the prescribed distribution, it could create resentment and conflict
within the family. For example, if a bequest is made to someone outside the family, it could be perceived
as unfair by the legal heirs, leading to bitterness and disputes.

Therefore, the limit on the amount of the estate that can be distributed through a bequest, i.e., one-third,
and the prohibition on making a bequest to legal heirs is intended to prevent such conflicts and ensure
family harmony.

In addition to ensuring fairness and justice in the distribution of the estate, the limitation on bequest in
Islam serves to prevent the waste or misuse of property. In Islamic law, property is considered a trust from
Allah and must be used responsibly by the owner, who is merely a custodian. As a discretionary
distribution of the estate, a bequest can potentially lead to wasteful spending or misuse of property, and
therefore, it is limited to one-third of the estate.
Therefore, the Islamic law limits the bequest to ensure that the property is used wisely and responsibly,
and not wasted or misused.

In conclusion, the Islamic basis for limiting the bequest to one-third of the estate and prohibiting it to
legal heirs is based on the principles of fairness, justice, family harmony, and responsible use of property.
The bequest can be used to support a charitable cause or express one's wishes, but it cannot override the
rights of legal heirs and the prescribed distribution of the estate according to the Islamic inheritance
system.

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d. The necessary requisites of will and elaborate each of them in detail especially as to who can be
a testator and legatee.

In the given scenario, the testator is Mr. Hamid, who made a will in favor of his son Zafar. The following
are the necessary requisites of a valid will in Islamic law:

1. Legal capacity of the testator: The testator must be a Muslim of sound mind and legal age (i.e.,
have reached the age of puberty) at the time of making the will. This means that the testator must
have the mental capacity to understand the nature and extent of his property and the consequences
of his bequest. In the given scenario, Mr. Hamid was of legal age and sound mind at the time of
making the will.

2. Free and voluntary nature of the bequest: The bequest must be made voluntarily and without any
coercion or undue influence. This means that the testator must not be forced or compelled to
make the bequest. In the given scenario, there is no evidence of coercion or undue influence on
Mr. Hamid in making the bequest.

3. Specificity of the bequest: The bequest must be specific and clear in its terms. This means that the
testator must clearly specify the nature and extent of the property being bequeathed and the
identity of the legatee. In the given scenario, Mr. Hamid made a clear and specific bequest in
favor of his son Zafar.

4. Compliance with the formal requirements: The bequest must be made in writing and signed by
the testator or by someone else in the presence of the testator, in accordance with the testator's
direction. This means that the bequest must be in the form of a will deed that complies with the
 legal formalities prescribed by Islamic law. In the given scenario, Mr. Hamid executed a will deed
in writing in favor of his son Zafar.

It is important to note that the Islamic law of inheritance is not solely based on blood ties but also
considers the degree of relationship with the deceased. For example, a non-Muslim spouse or a child from
a previous marriage may not be entitled to the same share as a Muslim child or spouse, as the Islamic law
considers the religious affiliation and marital status of the legal heirs. This ensures that the distribution of
the estate is in accordance with the Islamic principles of fairness and justice.

In addition, Islamic law also provides for the possibility of disinheriting a legal heir in exceptional
circumstances, such as if the legal heir had committed a major sin or crime against the deceased.
However, the burden of proof falls on the testator or their representative to demonstrate the grounds for
disinheriting a legal heir, and this is subject to the scrutiny of the Islamic court.

Overall, the Islamic law of inheritance is designed to ensure fairness and justice in the distribution of the
estate among legal heirs. The bequest is a limited option that allows a testator to distribute a portion of
their estate to someone who is not covered by the Islamic inheritance rules. However, this option is
subject to certain limitations to ensure that the legal heirs are not unfairly deprived of their prescribed
shares. The Islamic law recognizes the importance of maintaining social ties and relationships within the
family and aims to achieve this objective through the distribution of the estate among the legal heirs

QURAN VERSES

"Allah instructs you concerning your children: for the male, what is equal to the share of two females. But
if there are [only] daughters, two or more, for them is two-thirds of one's estate. And if there is only one,
for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if
he had no children and the parents [alone] inherit from him, then for his mother is one-third. And if he
had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt [he may
have] incurred. Your parents or your children - you know not which of them are nearest to you in benefit.
[These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise." (Quran
4:11)
"And those who are near relatives are to be given more preference in inheritance than those who are not
near relatives." (Quran 4:176)

"These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him
to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great
attainment." (Quran 4:13)

THE END