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Position of Testament in Islamic Law

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The word will is derived from Arabic, namely wahshaitu ash-syaia, uushiihi, meaning aushaltuhu (I convey something) which means that a person who has a will is a person who sends a message when he lives to be carried out after he dies.

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كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ ٱلْمَوْتُ إِن تَرَكَ خَيْرًا ٱلْوَصِيَّةُ لِلْوَٰلِدَيْنِ وَٱلْأَقْرَبِينَ بِٱلْمَعْرُوفِ ۖ حَقًّا عَلَى ٱلْمُتَّقِينَ

Meaning: “Obliged for you, if one of you arrives (signs) death, if he leaves a lot of wealth, rules the will for the mother-father and friend of his relatives ma’ruf, (this is) the obligation of the people who are cautious.” (QS. Al Baqarah: 180)

Al-Bukhari and Muslim have narrated, from Ibn Umar ra, he said: Has said the Messenger of Allah: “The right for a Muslim who has something to be punished wills, after staying two nights there is no other will testament written on his merit.” Ibn Umar said: Not for one night I passed since I heard the Messenger of Allah. Say the hadith unless my will law is by my side.

From the verses and hadith above clearly shows that the implementation of the law of the will of a deceased person is obligatory. But this will will also depend on the contents of the will law itself. If the testamentary law made is a will law that is in accordance with syar’i, it is obligatory to do so. For example, if you die, your child must memorize the Koran.

The law of a will like this must be carried out. As narrated by Abu Daud from Hanasy, he said that he saw Ali slaughtering two Gibas. “Then I said to him, “What is this?” Ali replied, “Indeed, the Messenger of Allāh had ruled a will to me so that I sacrificed on it, so I sacrificed on it.”

However, if the law of his will is in conflict with syar’i, then it is forbidden to be carried out. For example, if he dies, he rules the will so that his son decides to have a relationship with his relatives, then this will is forbidden. As the Apostle said:

“There is no obedience in disobedience. Obedience is in good things.” (HR. Bukhori) Similarly, in the history of Abu Daud it is stated, “There is no obedience in immorality to Allah.”

Testament law is a message conveyed by someone while he was still alive and carried out when he died. The law of the will will have three types, namely:

  1. Conveying his legal will is mandatory if the person still has debts or keeps the safekeeping or bearing the rights of others because it is feared that if the person does not rule the will, the rights of the other person that is still borne are not paid to the person concerned.
  2. Delivering the law of legal will is recommended for people who have abundant assets and their heirs have received a share of wealth in Islam that is sufficient and in accordance with Islamic rules. The person is advised to submit a will law in order to devote a portion of his property, either one-third of the total assets or less, to relatives who do not get an inheritance or to other people in need.
  3. Conveying a will law with its legal property. It becomes makruh if the property is a little and the heirs are classified as people whose assets are mediocre. It is better to give priority to the distribution of inheritance to heirs than to rule a will with wealth. Therefore, many friends of Radhiyallahu ‘anhum, who died in a state of non-legal will with their wealth.
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Testament law cases have been explained in the Qur’an and hadith.

كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ ٱلْمَوْتُ إِن تَرَكَ خَيْرًا ٱلْوَصِيَّةُ لِلْوَٰلِدَيْنِ وَٱلْأَقْرَبِينَ بِٱلْمَعْرُوفِ ۖ حَقًّا عَلَى ٱلْمُتَّقِينَ

Meaning: “Obliged for you, if one of you arrives (signs) death, if he leaves a lot of wealth, rules the will for the mother-father and friend of his relatives ma’ruf, (this is) the obligation of the people who are cautious.” (QS. Al Baqarah: 180)

Narrated by Al-Bukhari and Muslim, from Ibn Umar r.a., he said: Having said the Messenger of Allah: “The right for a Muslim who has something to be punished wills, after staying two nights there is no other testament to his merit.”

Ibn Umar said: “Not for one night I passed since I heard the Messenger of Allah. Say the hadith unless my will law is by my side. ”

From the verses and hadiths above, we can conclude that the testamentary law should be carried out, but there are some conditions or legal conditions of the will which are to be carried out.

The law of will is permissible if the contents of the law are good, as narrated by Abu Daud from Hanasy said that he saw Ali slaughtering two Gibas. “Then I said to him, “What is this?” Ali replied, “Verily the Messenger of Allah had a will unto me that I may sacrifice upon him, I sacrifice upon him.”

If the testamentary law contains the distribution of inheritance, the testamentary law must not be implemented because Islam has regulated the distribution of inheritance in the Qur’an. As the word of Allah SWT:

يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءً فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةً فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا

Meaning: “Allah blesses you about (the division of inheritance for) your children. Namely: the portion of a boy is equal to two daughters; and if the child is all more than two women, then for the two-thirds of the assets left behind; if the girl is one, she gets half of the property. And for two mothers, for each one-sixth of the assets left behind, if the deceased has children; if the person who died did not have a child and he was inherited by his father (only), then his mother received one third; if the deceased has several siblings, then the mother gets one-sixth.

(The distributions mentioned above) after being fulfilled the law of the will which he made or (and) after being paid his debt. (About) your parents and your children, you do not know who among them is closer (much) to your benefit. This is a decree from God. Lo! Allah is Knower, Wise.” (Q.S. An Nisa: 11)

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However, it is permissible to implement a will law if the inheritance is left over, and the contents of the law of the will are a maximum of only 1/3 of the assets to be granted. Alms according to Islam by using inheritance are indeed permissible.

Further reading:

As in history, Saad bin Abi Waqash said, “O Messenger of Allah I have a property and no one inherits it except only my daughter. Am I giving up two-thirds of my treasure?” He said, “Do not.” I said, “Am I giving half of it?” He said, “Do not, just a third. A third is a lot. Surely you leave your sanitary expert in a better condition than you leave them in poor condition and beg for humans.” (Narrated by Muslim).

This is because charity in Islam can be a charity for those who die as well and become a type of charity, especially if the charity is given to orphans because there is a miracle of giving alms to orphans.

And if the will law violates Islamic law, it is forbidden to implement the law. The law violates the law of will in Islam becomes mandatory if the contents of the law of the will are in the form of immorality, such as asking their children to continue gambling efforts.

As the Prophet said, “There is no obedience in immorality. Indeed obedience is in good things.” (Narrated by Bukhori). And in the history of Abu Daud mentioned, “There is no obedience in immorality to Allah.”

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Kategori : Family, Islamic Law