BOOK OF WILLS
I. Wills
Limitations and Legal Basis:
A will is a message or gift that a person makes to be carried out after he or she dies. According to the hadith of the Prophet ﷺ to Sa'ad bin Abi Waqqas, the maximum amount of assets that can be bequeathed is one third of the total assets. Giving more than a third is prohibited so that the heirs do not fall into poverty. However, it is highly recommended for property owners to bequeath only one fifth of the share as a form of caution.
Terms of Giver and Recipient:
Giver: A valid will is made by anyone who can legally make a gift, including children who are of sound mind (tamyiz) and people who are under supervision due to ignorance (safih).
Beneficiary: A will may be given to anyone who legally receives the gift, even to a fetus in the womb (as long as it is already in the womb when the will is pronounced).
Object of the Will:
The object of a will is very flexible compared to buying and selling. Valid bequests include:
Unclean objects that are beneficial (such as a hunting dog).
Items that do not yet exist (such as fruit that is about to grow or an animal fetus).
Items that cannot be handed over directly (birds in the air).
Items that are not yet specifically owned or whose quantity is unclear (e.g., "some of my wealth"). In this case, the heirs have the right to determine the item or amount to be given.
Calculation of Wills Regarding Heirs' Shares:
If someone bequeaths "the value of the share of one of his heirs," then the beneficiary receives a portion equal to the smallest share among the heirs, calculated by adding the divisor (faradh). For example: If the heirs are three sons, the divisor is increased by 1 (to 4), so the beneficiary receives a quarter.
II. Special Provisions and Cancellation of Wills
Multiple Wills and Excess Assets:
If there are several wills whose total exceeds one-third of the assets, and the heirs do not agree to the excess, then one-third of the assets are divided proportionally among the recipients of the wills according to their respective shares. If the testator gives a will to the first person and then gives the same thing to a second person with the intention of replacing it, then the first will is void.
Causes of Cancellation of a Will:
Will assets must be returned to the inheritance (to be distributed to heirs) if:
The testator canceled the message himself.
The object being bequeathed dies or disappears (for example: the slave you want to buy dies, or the pet horse dies).
The purpose of the will cannot be carried out (for example: the person appointed to make the pilgrimage refuses or does not have time to go).
The beneficiary of a will dies before the testator dies.
The beneficiary of the will rejected the gift.
III. Chapter Beneficiary of the Will (Trustee)
The beneficiary of the will (the person appointed to take care of the deceased's trust) must be a Muslim, sensible and fair. His duties include paying off the corpse's debts, distributing probate assets, and serving as guardian for the children left behind.
Orphan Guardian's Authority:
Guardians have the right to manage the assets of orphans for businesses that benefit them.
Guardian's Wages: If the guardian is a rich person, he is prohibited from taking the orphan's property. If the guardian is a poor person, he may take whatever is necessary as compensation for management services in a reasonable (makruf) manner.
Guardians may not use these assets for personal interests or re-will their guardianship duties to other people without permission.
IV. Holding Assets and Measures of Maturity
Guardians are obliged to test the ability of orphans to manage assets when they reach adulthood.
Handover of Assets: If the child has reached adulthood and appears mature (rusyd) in managing money, then the assets must be handed over to him with testimony.
Revocation of Rights: If, after being handed over, the child relapses into foolish behavior (safih) and wastes the property, the judge has the right to reclaim the property under supervision. All property transactions by a safih person are considered invalid, but their recognition in cases of divorce or criminal law (qisas/hudud) remains legally valid.
V. Permission for Slaves to Trade
If a master allows his slave to trade, then all transactions carried out by the slave are legally valid as long as they are within the limits of the permission granted. However, simply observing a slave engage in transactions without prohibiting them is not considered an automatic grant of official permission.
reference:
umdah fiqh
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