VOICE OF THE MIMBARR: WILL WRITING IN ISLAM AND ITS CONDITIONS- BY DR. RAZAQ BOLAWAYE

 بسماللهالرحمانالرحيم.1.1  The connection between men makes it important to deal with fairness for the fear of aftermath. It is compulsory to thread with cautions in matters affecting being entrusted with other people's properties.

 

The noble Prophet Muhammad _(SAW)_ was reported to  have enjoined believers to always take documented account of other people's items in their care. He said: "A right and obligation upon a believer having being entrusted with properties belonging to or with others not to pass two daya without having perfected document leading same to the original owner." (B. 2738, M.1627).

 This is the legal evidence for will writing as far as Islam is concerned. Allah (SWT) repeat this in _Ayat_ 11 & 12 of _Suratu_ n _Nisa'i ( Q4: 11&12) in excerpt: ...من *بعد* *فريض* *يوصين*توصون بها*او دين*ا** ... meaning: "After will that was written or debt incurred..." The earlier part of the two _Ayat_ give distinct regulations regarding definitive share of inheritance. 

 In a related Hadith by Al Haythamiy, the Messenger of Allah was reported to have said: " Surely Allah _(SWT)_ gave you when you are dying ,a third of your wealth to be expended in charity in addition yo your good deeds." (Majmu' z Zawa'id, 4:232).

 This provision notwithstanding, provision of will writing may not ne for all-comers.

 Will writing can be compulsory to clarify debt, loan, stock in trade, consignment with no traceable ownership and for it not perish, and entrusted wealth. Basically, this will protect the wealth, exornorate the bearer and avoid rancor between the original owner and relatives of the bearer later.

 Recommended will writing provides avenues of leverage on wealth ( _Sadaqah_ - Charity) during life time or after death with nothing more than one-third of the acrued wealth. This is committed in favour of less privileged within and outside the family. This could be in terms of provision of utility assets such as mosque, guest house, water outlet and the likes. In the same manner, it could also be promise of tangible items or cash amount in favour of a distant relatives, house help or scholarship scheme to merited indigent candidates. 

 However , Scholars in charge of distribution of inheritance have the obligations to appeal or persuade the beneficiaries of will in an occasion whereby the amount earlier promised is viewed as taking toll on the shares of the inheritance acrued to the successors.

 The main text of Will Writing in Islam runs as follows: 

I........son of.........descendant of .......hereby write my will, testifying that Allah is One and bears no partner and the Prophet Muhammad _(SAW)_ is His 

Servant and Messenger, that Prophet Isa _(AS)_ is His Servant, Messenger and His coded word invested in Maryam and a spirit from Him; that _Al Jannah_ is true and _An_ _Nar_ is true; and that the last hour  (surely) will come; and that Allah will raise all those in the grave... I advise whoever I leave behind among relatives and children with fear of Allah and fair play among one another, obedience towards Allah and the Messenger and good counsel and patience among one another. I equally advise them with the advice of Prophets Ibrahim and Ya'qub to this children: "Surely, Allah has concerned you with the religion and you shall not die but as Muslims (Q2:132). Then state the less that one-third items of will or certain amount of money, its _Shari'ah_ compliant distribution, witness and the person in charge of will execution (Power of Antony). ( _Majmu'u_ _Fatawa_)

 

MayAllah _(SWT)_ make ot easy for 

us to follow His way. Amin.

DR. RAZAQ U. BOLAWAYE

- Nigeria