Bismillah Ar-Rahman Ar-Rahim
We give utmost glory to Allah (SWT) for the benefit of living and being religious. May the peace and blessings of Allah be on the noble Messenger Muhammmad (SAW), and deserving principalities from now till eternity. This is the second part of the edition on 'If I Don't Wake Up' and the essence of which is to put individuals on better pedestal of goodness towards Allah through humanity.
The last episode docked mainly on triangulating the message of Islam with Glorious Qur'an, Hadith and exegetic demands of time. Theories of abrogation sufficed but offered arrays of advantage from the fact that 'the best means of interpreting Quran verse is through another verse entirely.' The two Ayat involved (Qur'an 2:180-182 and 4:11) with latter recognized to have corrected judgement offered in the former. Several views of scholars regarding probable writing will in favour of relatives who happen to be Qur'an sharers and parents.
The onus remains that the provision for will-writing should not be in any way more than one-third of the property. This goes for a testator living ample inheritors and in case of no surving heirs, total will-writing is applicable. Cases of modifications of will during its effect enjoys diverse opinions. To this end, Al-Aoza'iy offers: 'Whoever wills to non-relatives, leaving relatives poor had done bad, even though the will is passed.'
Furthermore, will written on terminal illness will not be considered. In case the heirs approved of anything above 1/3, it is considered Hibbah (Gift). To this end, Ad-Darqutniy offered that: 'There is no will in favour of heirs except the heirs approve of same.' This is the import of the Prophet Muhammad's Hadith which says: 'For you to leave your relatives rich after death is better than leaving them poor craving to feed on others.' To this end, Az-Zukhayliy maintained that: 'Anyone without heirs is not concerned with this provision.'
Rescinding will given after the death of the testator attracts several comments. Some went for no to the provision. Abu Hanifah offered that: 'Except that if they did not give out what they did not owe in the first place.' Malikiys said: 'If they conceded it during the lifetime of owner's health, they can withdraw, else it goes.'
The will of an Infant, Dullard or Insane also attracts opinions. Malikis submits that it is passed if it is done when he was sane. For unsound mind, his will is upheld. Regarding insane, densed or unconscious, their will is upheld at whatever situation. For importantly, the will of a partial insane is dully upheld.
Modification of will appears a saving grace for a testator. The popular opinion is that he is spared of burden unto the Waliyy who survives the testator. Malikiy suggests that this concerns only debt that is noted. The reason being that the Waliyy receives reward for settling such obligation. Al-Arabiy gave soft landing that it can only come that way only: 'If the Waliyy is capable of payment, he bears the responsibility.' This is At-Tabariy's submission in his popular Tafsir Volume 2: 261.
To this end, Allah (SWT) declares in the Qur'an: 'Then, is it to be expected of you, if you were put in authority, that you will do mischief in the land, and break your ties of kith and kin? Such are the men whom Allah has cursed for he has them deaf and blinded their sight (Qur'an 47:22-23). This Qur'an Ayah places like onerous responsibilities on individual Believer on best humanly possible sacrificing worship of Allah in self and through goodness to humanity.
In essence, Allah (SWT) urges that: 'But seek, with the (wealth) which Allah has bestowed on you, the home of the hereafter, nor forget your portion in this world: but thou good, as Allah has been good to thee, and seek not (occasions for) mischief in the land: for Allah loves not those who do mischief (Qur'an 28:77).' The Will-writing to benefit non-relative beneficiaries appears a great way to support humanity through wealth distribution.
In Sha'a Allah, the next edition will evaluate the last two series.This is where curtain will be drawn on this edition, untill we meet next week. Till then, thank you for your constant reading and remain blessed.
Dr. Razaq Bolawaye Uthman, Imam Ansar-Ud-Deen Society Ipaja Branch Lagos State.
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