Dear Yahya Camara,
First, my apologies for the late response.
I had promised to search for and provide Qur'anic references on the questions
you raised in your post below, and here are the references to the first
question.
Your first question was:
(1)Is there any part in the Holy Quran that states that muslims can make a
"will"?(a testament to indicate the way in which their properties should be
shared among their families if they die)
The Quran gives detailed instruction regarding how property should be divided
among relatives when one dies, and admonishes us to adhere to these strict
guidelines. If we as muslims die in a muslim country, or in a country where
the Islamic law on inheritance is applied by the community if one is a
muslim, and regardless of the existence of other laws as stated in a
consttution for e.g, like in The Gambia, this law of the Qur'an concerning
inheritance is already known, and will be applied.Therefore, there is no
mention of the need for a Will concerning how property is to be distributed
among relatives.
In Surah An-Nisa, the 4th Surah of the Holy Qur'an, starting in verse 7
And to everyone, We have appointed heirs of that
(property) left by parents abd relatives.
(Surah An-Nisa 4:33)
There is share for men and a share for
women from what is left by parents and
those nearest related, whether,
the property be small or large----- a legal share.
And when the relatives and the orphans
and the poor are present at the time of
division give them out of the property,
and speak to them words of kindness and justice.
And let those (executors and guardians)
have the same fear in their minds as they
would have for their own, if they had
left weak offspring behind, So let them
fear Allah and speak right words.
Verily those who unjustly eat up the
property of orphans, they eat up only a
fire into their bellies, and they will be
burnt in the blazing fire!
And Allah commands you as regards your
children's (inheritance): to the male, a
portion equal to that of two females; if
(there are) only daughters, two or more,
their share is two thirds of the inheritance;
if only one, her share is half. For parents,
a sixth share of inheritance to each if the deceased
left children.If no children, and the parents are the
only heirs,the mother has a third, if the deceased left
brothers or (sisters), the mother has a sixth.
(The distribution in all cases is)after the payment of legacies
he may have bequeathed or debts. You know not which of them,
whether your parents or your children, are nearest to you in
benefit,
(these fixed shares) are ordained by Allah, and Allah is Ever
All-Knowing, All Wise.
In that which your wives leave, your
share is a half if they have no child, but
if they leave a child, you get a fourth of
that which they leave after payment of
legacies that they may have bequeathed
or debts. In that which you leave their
( your wives) share is a fourth if you leave no child,
but if you leave a child, they get an eight of that
which you leave after payment of legacies that you
may have bequeathed or debts. If the man or woman
whose inheritance is in question has left neither ascendants
nor descendants, but has left a brother or a sister, each one
of the two gets a sixth; but if more than two, they share in a
third;
after payment of legacies he ( or she) may hav bequeathed or
debts,
so that no loss is caused ( to anyone) This is a commandment
from Allah,
and Allah is Ever All-Knowing, Most Forbearing.
These are the limits (set by) Allah ( or ordained as
regards laws of inheritance), and whosoever obeys
Allah and His Messenger (Muhammed (SAS),
will be admitted to Gardens under which rivers flow
( in Paradise), to abide therein, and that will be the great
success.
(Surah An-Nisa 4:7-13)
The laws regarding inheritance by ralatives is therefore clear for muslims
according to the Qur'an. However, regarding wills, the Quran mentions
Bequeathals that one can make to those other than your family as clearly
indicated in the verses above, and that these are to be honoured. Such
Bequethals would have to be recorded naturally to have record of them, and
debts would also have to be recorded and the Qur'an infact does say that if
one incurrs a debt, get witnesses to that effect also.
In addition, the Qur'an also says:
To those also with whom you have made a pledge,
(brotherhood), give them their due portion by Wasiya ( Wills
etc).
Truely, Allah is Ever a Witness over all things.
(Surah An-Nisa 4:33)
Thus, Wills are mentioned in the Qur'an specifically in relation to
bequeathals made to those other than family whose portion is already ordained
by Allah.
Also in the case of debt, even though this is not mentioned specifically, it
can easily be seen that one can and should indeed have record of one's debts
since it is an obligation to pay all debts of the deceased even before any
sort of division of the deceased's property among relatives takes place..
Finally, as already mentioned by Habib earlier, if one resides in a non
Islamic country where it is the law that one's estate automatically passes
over to the state if one dies intestate, that is, without a Will, even if
you have relatives present, it is prudent and a necessity to have a Will
drawn and incorporate the Qur'anic laws regarding inheritance if one honours
those laws. Also to incorporate any bequeathals to non relatives, as well as
to keep updated records of all debts owed since all of these are obligations
to be met on behalf of the deceased according to the Qur'an.
I will post the references to the other two questions later inshallah.
Jabou Joh
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://maelstrom.stjohns.edu/archives/gambia-l.html
To contact the List Management, please send an e-mail to:
[log in to unmask]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
|
