Darulifta Ahlesunnat
(Dawateislami)
Question
What do the scholars of Islam and the Muftis of the Shari’ah say
regarding the following matter: Some people, during their lives, leave a will
regarding the carrying out of a righteous work and that after death, their
money should be utilised for a certain righteous cause. For example, it should
be spent on a masjid, madrasa, student of Islamic knowledge or to support an
orphan or the poor.
My question is: Does Islam allow us to make
this sort of will regarding our wealth whilst we are alive, that our wealth be
spent on a righteous work or as sadaqah jariyah (continuous reward)? If Islam
does allow this, then what is its limit? Meaning, to what extent can we make a
will regarding our wealth?
بِسْمِ اللہِ
الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ
الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Islam facilitates for every affair of those who believe in it, both, in
this world and the Hereafter; it enhances their worldly matters, and instructs
them on how to better their permanent life in the Hereafter. For this reason,
on numerous occasions, the Quran and Hadith encourage us to gather for our
approaching eternal life. We are told that man has three forms of wealth; the
first is that which he has utilised by consuming, the second is that which he
wears (clothes) making it worn out, and the third is that which he gives as
charity (sadaqah) and saves for the Hereafter.
By
granting permission to formulate a will, the Shari’ah has established a great
means of fulfilling permissible desires and needs of the Hereafter, because
through a will, a person may benefit his friend or family member, and that act
itself is permissible, and righteous deeds are especially emphasised within a
will. For example, building a Masjid or Madrasa, or helping the poor, orphans,
etc.
The ruling
regarding the establishment of a will is that if the wealth is withdrawn
according to the terms of the will and the remainder is distributed among the
inheritors but it will render the inheritors destitute, then it is better to
not formulate a will. Otherwise, formulating a will is considered Mustahab
(desirable), a means of great reward and a virtuous act. The limit prescribed
by Shari’ah in this respect is that a person can allocate one-third of his
wealth for his will. If more than one-third is included in a will, then this is
not considered. In the same way, a will made regarding the one who is already
rightful of receiving inheritance is also not considered.
However,
if a person made a will for more than one-third or made a will for a rightful
inheritor and after the passing of the testator, all inheritors give permission
for the will made for more than one-third, or the will made for an inheritor to
be carried out – provided they are all capable of giving this permission - then
this will be actioned.
Note: If anybody has made, or
intends to make a will, he should gather the full details regarding this and
then he can receive guidance regarding his specific case
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ
اَعْلَم صَلَّی اللّٰہُ تَعَالٰی
عَلَیْہِ وَاٰلِہٖ وَسَلَّم
Written by: Mufti Muhammad Qasim Attari