From the series entitled- ENJOINING WHAT IS RIGHT AND FORBIDDING WHAT IS

WRONG’

( 1)(P~~~~J~~~~d~%~at~isqlcjrb)

“It is not right for any Muslim who has something to begiven as a bequest to spend two nights without writing a

will about iPAL-BUKHARI.

(EASY E2CAMPLE PROVIDED)

(+$I $3)DARUL-TAWHEED

FIRST EDITION

BYABUHAMZA.

The Legal Will (In Islamic Shari’ah)

An Essential Introduction

All praise belongs to Allah, we praise Him and seek Hishelp; we ask for His forgiveness and seek His refugeagainst the evil of our souls and of our deeds. Whoever isguided by Him, none can misguide him, whereas he whomAllah leads astray can never find any guide. We bearwitness that there is no god except Allah, the One and theOnly God, Who has no partners, and that Muhammad(upon whom be peace and blessings of Allah) is Hisservant and messenger. The best words are Allah’s and thebest guidance is Muhammad’s (peace be upon him). Theworst evil is innovation in religion; every innovation is anerror, and every error will end up in hell-fire.

0 Muslim brethren, we present to you a comprehensiveexample from the Islamic Shari’ah to show how a legaltestament should be made for every Muslim who ispleased with Allah as his Lord, with Islam as his religion,and with Muhammad (may Allah bestow His peace andblessings upon him) as his prophet and messenger ofAllah.

By Al-Wasiya (will) we mean: The testamentaryinstruction to render the rights due to a deceasedperson, called Al-Musi (the test&or), and ensuring that I

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his obligations a re fulfilled at the time of his death orafter his burial. Related to Al-Wasiya are some otherlegal terms that refer to the parties involved; for instance,the term Al-Musi (test&or) denotes the person wholeaves a testahent asking those in charge of his affairsto execute his testamentary wishes after his death. Hehas the right, during his life, to abrogate or alter his will ashe pleases . The person responsible for the execution ofthe will after the death of Al-Musi (testator) is called Al-Wasisy or Al-Musa Ilaihi (executor), and he doesnothave the right to alter the testament, except forrectification of any mistakes or elimination of sin. Aperson to whom a testator bequeathes a financial orother benefit is known as Al-Musa Lahu (thebeneficiary). It is not permissible that such a beneficiaryis from among the legal heirs of the deceased except undercertain conditions (see below). Al-Waratha (Thelegalare those persons for whom Allah has prescribedheirs)definite shares in the estate of the deceased, for instance,as mentioned in the Quranic verses on inheritance, (e.g. anonly daughter should have the half, and the male shouldreceive a share equivalent to that of two females) and asspecified in the sunnah of the Prophet (peace be uponhim), (e.g. one sixth portion for the grandmother). It isdeplorable that the commandments of Shari’ah aboutmaking a testament have been forgotten by manyMuslims; they seldom think of it or realise its importance.This is manifest not only in their relationships andtransactions but also in their acts of devotion. These fewpages that follow are not meant to give a detailed accountof the Islamic legal aspects of testament; they merely

.

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represent an admonition and a reminder, and seek toexhort Muslims to meet their requirements in the bestmanner.

As far as the issue of testament is concerned, peoplenowadays fall into two categories: one of them havecompletely turned their backs on this obligation, while theothers are neglectful of many of its legal principles andrequirements. We wish to remind the former of the hadithnarrated by Ibn Umar (may Allah be pleased with him) inAl-Buhkhari and Muslim, saying,(P~~~~JY!~~~~~~(J~i54~3)~)

“Zt is not right for any Muslim who has something tobe given as a bequest to spend two nights withoutwriting a will about it *I. According to Sahih Muslim, itshould be no more than “three nights”. The companions ofthe Prophet (peace be upon them) understood this verywell. Ibn Umar says, “Ever since I heard the Prophetsay this, I have never spent a single night withouthaving a will. ”

As to those who are negl.ectful of the principles, andrequirements and prohibitions related to it, we would liketo remind them, too, of the hadith of the Prophet (peace beupon him) in which he said,4 31;~ ajll L&J& r” LA +J 51 ;iclk+ ai$ If J&J &>I 31)*

“A man or a woman mayworship and obey Allah for sixty years but if they

fail to fulJi1 their testament requirements at the timeof their death, they both end up in Hell-fire. It This is

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related by Abu Dawud on the authority of Abu Hurairah.A testament cannot be fulfilled legally unless everyoneinvolved is given his or her due. We give below a briefdescription of these rights.

I. The right of Allah

The Exalted and Supreme Allah commanded His believingservants to comply with what He desired for them andmade it incumbent upon them, promising those whostruggle in His path salvation and blessings, while warningthe negligent of great loss and ruin. Allah says,

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“And indeed We have directed the People of theBook before you, and you (0 Muslims) to fearAU-ah”’ (An-Nisa’: 13 1). And in another verse,

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+@ (cc-w a! +!I @“Surely, this is My Way, leading straight: follow it:

follow not (other) paths: they will scatter you aboutfrom His (great) path: thus does He command you,that ye may be righteous ” (Al-An’ am: 153). Thus, thedirection to worship Allah alone, obey Hiscommandments, persevere in His religion till death, andenjoining the same upon one another lies at the very coreof the testament, and forms its essence. It is the way of theprophets and the righteous, as Allah says,

Yj ;sr: 344 &Ji +J LpI2p’ ii1 q #k +&!i! ++ IcjbfJ!! k &yj $B

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“And Abraham enjoined upon his sons, and so didJacob; ‘Oh my sons! Allah has chosen the faith foryou; then die not except in the of submission to me.Were you witnesses when death appeared beforeJacob? Behold, he said to his sons: “What will youworship after me?” They said: “We shall worshipyour God and the God of your fathers,-- o fAbraham, Isma’il, and Issac, --the One (True) God:to Him we submit.” (Al-Baqarah: 132- 133). At yetanother place Allah said,

“...And (ioin together) in the mutual Enjoining oftruth, and of patience and constancy. ” (Al-‘ Asr).Similarly, we may consider the advice of the Prophet(peace be upon him) to Muslims not to make any of hiscompanions a target of criticism or attack, and hisdirection concerning women, and about the expulsion ofJews and Christians from the Arabian peninsula, and somany other examples. Moreover, it is clear fiornexhortations of the righteous ancestors that enjoining thefulfillment of Allah’s rights, supporting His devotees andrejecting His enemies form an important part of theIslamic wasiyah and is incumbent on every Muslim.

All the above - mentioned verses, hadiths and arguments,and many more are well - known. People adorn theirwritings and speeches with them; yet they fail when it

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comes to fulfilling their obligations towards Allah. In thisdiscussion of wasiyah, we are concerned with theobservance of any right due to Allah, which is neglectedby the deceased, his family or people, and doing one’s bestIin his regard, financially, practically, and by word orheart. We will also emphasize the religious obligationswhich must never be evaded or omitted.An example of the grave issues that are now widespreadall over the world is the suspension of the commandmentsrevealed by Allah, Who says,

“whoever fails to judge by what Allah has revealed,they are the disbelievers (Alkafiroon) ” (AlMa’ida:44).When asked about this action, Ibn Masood said,

“45;11 $ljn

” This is the very Kufr”’Another example is the - disaster of not ruling inaccordance with the laws of Shari’ah, and referring tosomeone other rather than Allah and His messenger. Allahsays,

“Do they then seek after a judgment of (the Days ofiI g n o r a n c e ? ” (ALMa’ida:50). If you read the commentaryon this verse of (Al=Ma’ida:50) by authentic authoritieslike Ibn Kathir and others, your Skin will shiver, if you area true believer. Any ruling that is not based on Hiscommandments constitutes an act of kufr (disbelief in

’ See “Tafseer” (commentary) Ibn Kathir ma Al-Ma’ida 44

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Him), shirk (association of partners with Him in worshhor obedience)2, and a revolt against Him. Allah says in the

Qur’an,y &! $($J +! ticlfl dh di! y! !Jw yf 91 h y! &hi a!..$

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“The command is for none but Allah: He hascommanded that you worship none but Him: that isthe right religion, bu\t most men understand not”(Yusuf:40). In another verse Allah says,

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“The command rests with none but iltih: Hedeclares the truth, and He is the best of judges ” (Al-An’am 57). At another place,

“Surely, His is the command and He is the swiftestin taking account” (Al-An’am 62). And

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“How clear& He sees, how finely He hears(everything)! They have no protector other thanHim; nor does He share His command with anyperson whatsoever” (ALKahfz26). Concerning thosewho knowingly follow the laws of others than Allah, theQur’an says,

2 For more evidence please refer to my tapes “Governance By Allah On

Earth” and also ” The Iman” tapes .8

“And the evil ones ever inspire their fiends tocontend with you. If you were to obey them, youwould indeed be pagans’” (Al-An’am 121). Andregarding those who judge according to an authority otherthan the Book of Allah, even if it be in one single instance,

it says,

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“But no, by your Lord, they can have no faith, untilthey make you judge in all disputes between them,and find in their souls no resistence against yourdecisions, but accept them with the fullestconviction It (An-NisaYi5).And describes the condition and fate of those who followin the footsteps of the evil people saying,

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4(@ p *,K p bj @A@ d!F p.bkcf h &

“And those who followed would say: ‘If only we hadone more chance, we would clear ourselves of them,as they have cleared themselves of us. Thus willAllah show them (the fruits ofi their deeds as

3 This kind of Shirk is the reason of the apostasy of our time. May Allah

save all of us from taking part in it. ” Learn more about that danger inIman tapes “.

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nothing but regrets. Nor will there be a way for themout of the fire” (Al-Baqarah: 167). To those who arguein favour of the evil ones, He says,

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&J p&s dj&‘p yf J4l

“Ah! These are the sort of men on whose behalfyoumay contend in this world; but who will contend withAllah on their behalf on the Day of Judgment, orwho will carry their affairs through?” (An-Nisa’: 109).Allah has proclaimed that this is apostasy from Islam, andundoubtedly it is contrary to the principle of Tawhid(Oneness of Allah); it is in conflict with sound Qur’anictexts as well as the clear path of sunnah; it is a deviationfrom the example of the best of the times (the time of theProphet and his companions) and also contrary to theconsensus of the Ummah (Muslim community as a whole).This contemporary apostasy is far worse than theapostasy of the withholders of zakah at the time of thefirst Caliph, Abu Bakr. They refused to perform oneobligatory duty when they withheld the zakah money fromthe public treasury of the Muslims. Their interpretation oftheir action was never accepted by the companions of theProphet, even though they were not known to be guilty ofany other unlawful things. But the present standardbearers of apostasy that we are confronted with havebarred people from many of their religious obligationswithout any effort at interpreting their stand or havingany doubt as such; they indulge in forbidden things andknow no limits; they attack the followers of Islam, kill ’them, throw them behind bars, and subject them to

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torture and persecution. At the same time have alliedthemselves with polytheists from among Jews andChristians, atheists and mischief-mongers likethemselves, cooperating with them and supportingthem. They are like the Khawarij about whom the Prophet(peace be upon him) said,

“They will renegade from the religion as an arrowgoes through a game animal’s body. Thev will killthe Muslims but will not disturb the idolaters. If Iam still alive in their time I shall kill them as thepeople of ‘Ad were killed (i.e. I shall kill all ofthem). ‘* This hadith is reported by Al-Bukhari. We givebelow an important fatwa (religious verdict) by ShaikhulIslam, Ahmad ibn taimiyyah (may Allah have mercy onhim), who was the mentor of Muslim jurists not only ofhis time but also of those who came later on. In his Al-Fatawa Al- Misriya, volume 4, in the chapter on Al-Jihad,he observed: “We say that any group who departsfromany of the apparent indisputable laws of Islam that havebeen (handed down from generations to generations ofMuslims without any interruption), then it is incumbent tofight against such a group according to the consensus ofMuslim imams (leaders of Islamic schools of law), eventhough they recite the two testimonies. So if they recite thetwo shahadas (testimonies) but abstain porn observingfive daily prayers they must be fought against until theyo#er prayers, and if they abstain from paying zakzah, it isincumbent upon A4uslims to fight them until they start

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paying zakah. Similarly, if they abstain from the fasting ofRamadan or pilgrimage to the oldest House of Allah orrefuse to prohibit the abominations or adultery orgambling or drinking and other things forbidden by theIslamic Shari/ah; or if they refuse to enforce the laws ofthe @&an and sunnah pertaining to life, property,honour, management of affairs and other such things; orif they refrain from enjoining good, forbidding evil, andfighting the disbelievers until they embrace Islam or payj&ah (poll tax) in submission. Likewise, if they introduceinnovations in religion contrary to the teachings of theQur’an and sunnah, and the practice of the righteousancestors and imams of the community by, for instake,blaspheming the names, signs, or attributes of Allah, orrejecting divine foreordainment or decree, or rejecting themanner in which the Muslim community behaved in thedays of the rightly guided Caliphs, or slandering theforemost from among the emigrants (muhajirin) and thehelpers (ansar) and those who followed in their footstepsfaithfully; or if they fight the Muslims in order to forcethem to submit to them, abandoning the Islamic Shari’ah,and all other similar cases. concerning which Allah says,

“And fight them until there is no more persecutionand all religion is for Allah only ” (Al-Anfal:39). Thusin all such cases when religion is partly for Allah andpartly for others, it is incumbent upon Muslims to fightuntil all religion is for Allah alone. Allah says,

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“0 YOU who believe, fear Allah and leave theremainder of the usury if you are truly believem Butif you do not, then take notice of war from Allah andHis messenger” (A&Baqarah:278,279). This verse wasrevealed about the people of Ta’iJ who had embracedIslam, observed th.e obligatory prayers and fasted, butthey dealt in usury. The verse commanded the believers toleave the rest of the usury amount owing to them, andwere told that if they failed to do so, then they would beenemies of Allah and His messenger. Usury was the lastsin to be prohibited in the Qur’an although the moneyinvolved is obtained through mutual consent of theparties concerned. If a person refusing to desist from it isdeemed to be at war with Allah and His messenger, whatabout those who persist in committing other sins whichwere prohibited well before usury?!“. With these briefremarks we would return to our original discussion andsay that it is incumbent upon all Muslims to disassociatethemselves from this manifest kufr (disbelief), and guardthemselves and all the members of their families againstits dangers. The Prophet (peace be upon him) said,

‘!Everyone of you is responsible and will bequestioned about those under his authority. *’ This isrecorded by Al- Bukhari and Muslim on the authority ofibn Umar. Allah says,

4.. . ..a$&. &U te3jj IJLi ps&r, (&A’ p Ipf &Jl g l+ +b

“0 you who believe, guard yourselves and yourfamilies from a fire the fuel of which i&people andstones” (At=Tahrim:6). It is a Muslim’s duty to clarify in

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his will that he is free of this gross apostasy, and toadmonish his household and others under his care to abideby the commandments of Allah, even if he may not havedone so during his life. This is far more beneficial for himin the sight of his Lord; for Allah may save him from somepunishment that he deserves, or even guide through hiswill someone who intercedes for him on the day ofjudgment. The deceased should also enjoin all other gooddeeds, even if he or she was neglectful of them. Allahsays,

4. iJ& 3?tkru’ 4 u15 &I tip $&+I >I !j$J 3!> l&d df

“0 yd;c who believe, be the standard bearers ofjustice as witnesses of Allah, even if it be againsty o u r o w n s e l v e s , o r y o u r p a r e n t s o r r e l a t i v e s ,whether they be rich or poor, for Allah is more

deserving than them. So follow not the desires. not to

act justly, and if they turn away or are averse, thenknow that Allah is well aware of all that you do”(An-Nisa’: 135). Allah says,

‘!Except those who repent and reform, and openlydeclare, to them I shall turn in mercy and I am themost forgiving, most merciful” (Al- Baqarah: 160).

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As mentioned aobve, it is a part of belief in Tawhid(oneness of God) that none be judged in accordance withany law other than that of Allah and His messenger,another corollary of belief in pure Tawhid is that noneother than Allah \be worshipped, nor any sacrifice or vowbe made to anyone other than Him, nor a person call uponor cherish hopes from anyone else. Allah says,

“Is it not His to create and to govern? Blessed beAllah, the Cherisher and Sustainer of the Worlds!”(Al-A’raf54). At another place He says,

“Allah forgives not that partner (in worship orobedience) should be set up with Him; but H eforgives anything else, to whom He pleases; to set uppartners with Allah is to devise a sin most heinousindeed” (An-Nisa’:48). It is therefore necessary for anybelieving person that when death approaches him, heshould dissociate himself from these fatal sins that maycondemn him to an eternal in Hell-fire; not only should headmonish his heirs to avoid them, but to actively fightagainst them until all religion is for Allah only. Likewise,to fight the innovations in religion that are prevalent at histime, explaining the significance of his belief in histestament, e.g. the two testimonies (shahadas), his belief inresurrection and Day of Judgment, as in the modeltestament given at the end of this book. He should alsoadvise those who are left behind to seek knowledge of

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Shari’ah that leads to obedience of Allah and earns themHis mercy.

It is also an obligation upon the deceased to mention in hiswill any of Allah’s commandments that he failed toobserve, like obligatory hajj, zakah that he failed to pay,any acts of penance that he owed, fasting, and legitimatevows that he might have made but failed to keep - all theseare Allah’s prescribed rights upon man. He should alsoadvise his heirs to follow the rules of Shari’ah in bathinghis body, shrouding it, saying funeral prayers and itsburial, while forbidding them to do anything prohibited byIslamic law. He should also explain the matters which hisheirs may overlook, and seek forgiveness of Allah for anyact of forgetfulness or an unintentional lapse on his part.

II) The Rights of PeoDIe

It is incumbent upon every Muslim to indicate clearly, inhis will, how all the rights of people, with which he hasbeen entrusted in his life time, ought to be fulfilled. Thesame applies to every transaction to which he is a party ora witness, or about which he knows something that couldsafeguard the, legitimate rights of others. If he fails torender to others what is due to them out of negligence withthe consequent loss of their rights, he is held responsiblein this world, so long as his negligence is proven before acourt, and even if he has nothing to gain from this loss.What is due to others is deducted from his original estatebefore its divided among his heirs, and before his right todevote cm-third of his property to bequests takes effect,

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Such a person is also accountable before Allah in thehereafter (for causing harm to others). But if hedeliberately deprives people of their rights, even thoughthere is no personal gain for him, not only is heaccountable for it in this world, that is whatever he owesto others will be deducted from his estate, but he will alsobe liable to punishment in the hereafter. Allah says,

“But if anyone has reason to fear that the testutorhas committed a mistake or a (deliberate) wrong,and thereupon brings about a settlement between theheirs, he will incur no sin (thereby)‘: (Al-Baqarah: 182). The Arabic word Janaf used in the versemeans an unintentional mistake, whereas the word Zthm isa deliberate wrong and an encroachment on others’ rights.This is the opinion of ibn Abbas, Mujahid, Ad-Dahak, As-Soddiy and others; and Allah knows best. Allah has indeedcommanded people to make haste in rendering trusts totheir rightful owners, saying,

df pi& se e IQ t&i & &lib~l IpJi d &a& &I i)$p

@u ‘#

“Allah does command you to render buck yourtrusts to those to whom they are due; and when youjudge between people, that you judge with justice”(AnNisa’59). Similarly in a hadith recorded by AbuDawud, the Prophet (peace be upon him) says,

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“Do not neglect (returning what has been entrustedto you) until you are on the verge of death, and thenYOU say, ‘such and such a thing belongs to so-and-so “! Such a right which is due to others may be moneythat is payable to them, or a promise to be fulfilled, ortestimony to be given, or knowledge beneficial to arightful claimant. The gravity of the sins of a deceasedperson increases as the number of people he is liable forgrows, or the degree of importance of these rights in thesight of the Lawgiver (Allah), so much so that a deceasedperson, though a believer initially, eventually ends up as adisbeliever. This is exemplified by the evil scholars whowere charged with the message of Islam but they failed intheir obligations toward it. They betrayed millions ofcommon Muslims, and encouraged them to disregard theirreligion, condoned wrong-doing and obey others even if itmeans disobeying or disbelieving in Allah or his Shari%They frighten them from declaring the truth, resisting theforces of kufr or supporting the religion of Allah. In short,they have deprived people of their most beneficiaI right inthis life and in the life to come, namely the right to learnabout the straight path, the path of salvation and ultimatesuccess, following instead in the footsteps of the wickedscholars and monks of the People of the Book, whobelieved in some parts of the Book and rejected others.Allah says,

4J4& YJ &I ua$l! &3l IjJ,f *Ah &a Sl @iA qj jp

d( a,+T& $i ‘2 * ‘@I) pa& C’>J o&lh

“And remember when Allah took a covenantfromthe People of the Book, to make it known to

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mankind, and not to hide it; but they threw it awaybehind their backs, and purchased with it somemiserable gain ! How evil was the bargain theymade! ” (Al-Imran: 187). In a hadith Abu Hurairah reportsthat Allah’s messenger (peace be upon him) said,

“One who is asked about some knowledge and heconceals it, shall be on the Day of Judgement madeto wear a bridle offzre. ” This is recorded by Ibn AbdulBar on the authority of Abu Dawud, along with the wordsof Allah

a(+sxI\ p&j &I p& Ujf &a.“Those who conceal the clear (signs) We have sentdown, and the guidance, after We have made it clearfor the people in the Book-on them shall be Allah’scurse, and the curse of those who entitled to curse”(Al-Baqarah: 159). And that

“those who conceal Allah’s revelations in the Book,and purchase for them a miserable profit-theyswallow into themselves nothing butfire; Allah willnot address them on the Day of Resurrection, norpurify them: and for them there is a painfulpunishment” (Al-Baqarah: 174).

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All these warnings from Allah are addressed to the wickedscholars, the concealers of His guidance, and the people’sobligations to Him. This results in the violation of thepeople’s rights as prescribed by revealed knowledge thatleads to pure belief. If this is the case for those whoconceal knowledge from people, then what about thosewho issue verdicts in favour of falsehood, actively helpthe communistic or democratic rulers to fight against Islamand its laws? And if asked about these unIslamic regimesand their supporters fighting against the Muslims with allthe power at their disposal, their tongues and physicalforce, they tell us that the uritslamic system ani itssupporters are better guided than the Muslims!!! Theirpredecessors of old from among the People of the Bookdid issue similar verdicts. Allah says,

“Have you not considered (the case of3 those whowere given a portion of the book? They believe insorcery and evil, and say to the unbelievers that theyare better guided (in the right) way than thebelievers! They are the ones whom Allah has cursed:and those whom Allah has cursed, you willfind,have no one to help” (An-Nisa:51-52). Such scholarswere strongly condemned by Shaikhu ‘l- Islam IbnTaimiyah:

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“A scholar who abandons what has learnt from theQur’an and the sunnah andfollows a ruler who doesnot rule in accordance with the teaching of Allahand His Messenger is an apostate and a disbelieverwho deserves vunishment in this world and in thehereafier. ” (volume 35 page 373 Al-Fatawa IbnTaimiyah).

0 you, wicked scholars, fear Allah concerning the rightsof people, and be ware of speaking untruths. Consideringyour devilish silence or words, grievous indeed is yourburden of guilt for the numerous Muslims, who have onaccount of that perished or have been subjected topersecution. Remember your death and your graves and itstorment, and chastisements that will ensue thereafter. Willyou take heed?

In the words of a poet the religion is corrupted by thetyrant kings, evil scholars and monks; see how they feastupon the stinking corpse whose stench is so odious to

4 See more of these Fatwas in my book “Zs It A Holly Salafim Or ASatanic Sheikism. .W” (to be released soon Insha-Allah).

Salafism is the strict following of the Sahaba &.Sheikism is the blind following of the scholars of the unislamic regemes.

2 1

sensible people lIndeed very many rights of common

people, especially Muslims, have been violated by theauthorities of the un-Islamic (jahili) regimes and theirsupporters. Among these rights are aiding people inobedience to their Lord, providing them with security andsufficient means of sustenance promised by Allah to Hisservants if they abide by His revealed law:

Vf only they had stoodfast by the Law, the Gospel,and all the revelation that was sent to them by theirLord, they would have enjoyed happiness from everyside It (Al-Ma’idah:66). T h u s t h e r u l e r s a n d theilsupporters have violated the sights of the people, either bydestroying their wealth through extravagance andindulgence, or by spreading corruption, adultery, drinking,gambling, and disobedience to parents, making lifedifficult for people by restricting their livelihood, byspying on them, terrorising them, and causing aversion togenuine Islam. They do all this in the name of ;u‘ts,freedom, equality, tourism, state security, and foreignrelations. As a result, attacks on Islam and Muslimshave increased and apostasy has spiralled. People fellprey to worldly temptations and vied with each other forwealth and material gains. They ruined themselves,became degenerated, thieved, embezzled, violated bloodties, and were attracted to the wicked. As a result virginsbecame spinsters, filthy thoughts prevailed, secret loveaffairs trourished and the e;ll*s lost their healing; trustswere broken, dishonesty became rampant, evil spread,

obscenity increased, the spirit of manliness was lost,pretension and hypocrisy increased, greed andcovetousness spread, mutual help and support becamerare, the daughters became demeaned and vulgar and thesons treacherous and unworthy of trust,..... and so on, allthese ills currently afflict the present Muslim countries,about which none but only an ignorant or a diehardhypocrite can doubt. These diseases afflicting ourcommunity are a tiny part of the punishment which Allahhas warned us against if we kept tongue-tied in the face ofevil and its votaries. Anyone blessed with an insight fromAllah should undoubtedly also expect some earthquakes,fires and other calamities as warnings from Allah, whosays,

“And indeed We will make them taste of the penaltyof this (life) prior to the supreme penalty, in orderthat they may (repent and) return It, (As-Sajdah:21).And indeed Allah spoke the truth when He said,

“And if any fail to judge by what Allah has revealed,such are the (kafiroon j unbelievers “, (Al-Ma’idah:44);and he said

“And if any fail to judge by what Allah hasrevealed, such are the (Zalimoon) wrongdoers”, (Al-Ma’idah:45).

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Likewise, it is incumbent upon a Muslim to prevent hisestate from being used by any enemy of Allah, Hismessenger, and the Muslims, even if they are his own nearblood relations, as instructed by Allah in the verse

“0 you who believe, take not for protectors yourfathers and your brothers if they love infidelity abovefaith: and if any of you do so, they do wrong”, (At-Tawbah:23). Heritage is one of the most obvious forms ofprotection, help, and intellectual harmony, as it impliesaffirmation of the religion followed by the inheritor,helping him materially, causing the hearts of others toincline toward him, making him a partner with other heirsin issues pertaining to collective assets, giving himinformation about the private affairs of the deceased andhis household, and so forth. This issue is settled once andfor all by the following statement of the Prophet (peace beupon him):

“Neither c- Muslim shall inherit from a disbeliever,nor a disbeliever from a Muslim. ” (reported by SahihMuslim). A Muslim should be vigilant and not allow anyJew, Christian, Magian , nor a secularist, a socialist, or ademocrat (who vouches for laws other than those of Allah,or accepts to vote on matters already established by thecommandment of Allah). Nor should he allow it to go toany shi‘ite, who denies the Qur’an or accuses the majorityof the companions of the Prophet (peace be upon him),

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nor anyone known to be neglectful of obligatory prayers(salah). who is famous for his non-observance. Similarly,a Muslim woman must not marry a disbeliever or anpolytheist, nor a Muslim man should marry a disbelievingwoman except from among the women of the People ofthe Book. In short, it is forbidden for a Muslim tobequeath any thing to a disbeliever or to someone knownto have become a disbeliever@

It is also forbidden for Muslims to falsify their will inorder to deprive all or some of their lawful heirs. In theverses concerning wasiyah, Allah has said,q.(&p J!k dj * ia i,L 4bk 03p3t AUUJ dpyj A! Q+ >$’

“Those who disobey Allah and His Messenger andtrunsgress His limits will be admitted to afire, toabide therein: and they shall have a humiliatingpunishment “, (An-Nisa’: 14).

The testator should remember that he is merely aninheritor of his property and not its owner, and thereforewhen he gives away the lawful heirs’ rights that he knowsis lawfully theirs, he is guilty of disobedience, dishonestyin his trust, violation of others rights, sacrificing thehereafter for this worldly life, ending his earthly sojourn inone of the major sins. We seek Allah’s refuge fi-om such anevil end. Allah knows best.

It is the right of the heirs on the testator not to set apartmore than one third of his property for his (personal) will,

as we find in a hadith which says

(Jg &Jag &kh,..)

“...it is one third, and one third is much. It(reported by Al-Bukhari). It is a right of the heirs that thetestator should treat them justly as commanded by Allah,and he should not bequeath a portion of this one-third toanyone for whom Allah has prescribed a specific share inthe estate, except with the consent of the sane adult heirs.If they are not adults or not sane , their consent is notconsidered valid, as we are told in a hadith that says

‘*A bequest will in fuvour of a legal heir is notpermissible, except with the permission of the heirs. ”This is a sound hadith transmitted by Ibn Hajar whoremarked that common practice is based on it. Themajority of scholars are in agreement with this and holdthat a valid consent (of the legal heirs) in the case of abequest made in favour of another legal heir is that whichis given after the demise of the testator, because the heirsmay show their consent before the testator’s death out ofdiffidence, pity or fear. Allah knows best.

The executor of the testament:

Likewise, it is a right of the people on the deceased that heshould choose for them an executor of his testament, aperson who is Godfearing and fully capable of executingthe testament, even if he is not from among his nearrelations in order to eliminate controversy, discord, andviolation of any rights of others. It is permissible for atestator to appoint more than one executor of histestament, such as instructing his wife regarding the

26

welfare and wellbeing of his children, or instructing hisbrother about the marriage of his daughters, or askingsome one else to divide his property, and so forth. It is notpermissible for the executor of the will to go beyond whathe is entrusted with by the testator, nor that he shouldspend any part of it on his personal benefit except thatwhich the testator might have specified for him in histestament. Similarly, if he is unable to feed himself, hemay use some of it within reason, provided he does hisbest to safeguard and enhance the property of the orphans.Ibn Kathir has recorded a report from Al-Bukhari whichsays ‘“The jurists have agreed that the executor cantake for the wages normally payable for this kind ofwork or what is sufficient to meet his needs, whicheveris the smaller. They differ, however, about whether ornot he should repay it when he becomes rich (that is tosay, Allah bestows upon him riches after his poverty).The correct position is that he is not required to repayit since he received it as a wages for his work when hewas poor. Interpreting the Qur’anic verse

4&.. d,&Jstj4&dp,~~a3dy j... j$

“...but if he is poor, let him have for himself what isjust and reasonable .*. It (An=Nisa’:6), Al- Sha’bi’, asquoted by ibn Kathir, observes: “For him it is like acarrion or blood” (implying that he should not haveanything for himself unless he is forced to do so bynecessity as one may be forced to eat carrion or blood attimes of necessity). It is also permissible for the executorto give to his relatives from the charitable gifts of thetestator if he is given the right of disposal concerning

them.

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Accepting the assignment of executing the will isoptional for those who are able to do so, because it carriesa great reward, as otherwise the rights of the rightfulclaimants may be violated. A person accepting the chargeof execution of the testament of the deceased should notavoid this duty, except where a just ruler permits him todo so, or takes on himself the responsibility of executingthat will. Similarly it is incumbent on him to give priorityto the payment of the obligations over the voluntary gifts,such as payment of people’s debts, obligatory hajj, andother payments which might be due from the deceased forvarious atonements. Such expenses should be taken out ofthe property before the one-third (is deducted) -- in caseswhere the deceased has left a will concerning one third ofhis estate -- and then the remaining part should beapportioned among the heirs as prescribed by theLawgiver (Allah). Likewise, it is the duty of the executorto consult knowledgeable people in cases where he seeksto set right a wrong or correct a mistake in the testament.Allah says,

“But if one fears partiality or wrongdoing on thepart of the testator, and makes peace between (theparties concerned), there is no wrong in them: forAllah is OJ’t-Forgiving, Most Merciful. It (Al-Baqarah: 182). It is permissible for a Muslim to accept theduty of executing the will of a disbeliever, but a Muslim isnot at all permitted to appoint a disbeliever as an executorof his will. Allah says,

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“And never will Allah grant to the unbelievers away (of triumph) over the believers. ” (An- Nisa’: 141).It is a right due to orphans, the needy, and the relativesother than the heirs, that they should be given something,no matter however small, if they are present at the time ofdividing the estate, treating them courteously and gently inorder to console them and win their hearts according to thecommandment of Allah:

“But if at the time of division other relatives, ororphans, or poor, are present, feed them out of the(property), and speak to them words of kindness andjustice. ” (An-Nisa’: 8).

III. The rights of the deceased

One of the important functions of the Islamic testament isto safeguard the right of the deceased in his eternal abodethat there he should receive honour and not humiliation;that he should be blessed and not distressed, be secure andfree from fear. This depends on the equitable discharge ofhis obligations toward others. It is incumbent therefore onthe deceased to declare in his testament his faith inreckoning and in the unseen. He must not transgress thebounds laid down by Allah, nor include in his testamentanything sinful, or causing rupture of relations. He should

29

give to others whatever may be due from him in theirfavour as explained above; he should mention his state ofmind and health at the time of writing the testament as isshown in the example given in the appendix. He shouldstrive to use his right in his testament as a safeguardagainst the afflictions of the hereafter; Allah says:

“0 you whofamilies from(At-Tahrim5).

y &his +i 9 I~T @ k-i t, $b

+ ++jbelieve, save yourselves and your

afire whose fuel is men and stones.. ”And in order to reinforce his right he

should appoint a most knowledgeable and Godfearingperson as the executor of testarnent to make sure it will beexecuted according to the dictates of Shari’ah, making itclear that he waives any article in his testament or thewhole of it in case it is against the Islamic shari’ah.Likewise, it is the right of the deceased not to be visitedwhile on his deathbed by someone who dislikes him orbears malice against him. The deceased may leaveinstructions to that effect in polite and courteous terms andin a subtle manner. It is also the right of the testator toleave a part of his property that is not more than one thirdto others than his legal heirs. This is recommended in viewof the divine commandment:

“It is prescribed, when death approaches any of you,if he leave any goods, that he make a bequest toparents and next of kin, according to a reasonable

30

usage; this is due f (Al-Baqarah:l80). This is so because in this way he gets thereward for charity and doing good to his blood relations,except in cases where he finds that there is somethingmore important than charity to one’s kith and kin, likejihad to fight idolatry and to enforce the Law of Allah, orother obligations that are ignored in this age of ours, thenhe must strive in the cause of Allah with his wealth,because striving in Allah’s cause is far more importantthan charity to one’s relatives, provided it does not exceedthe one third, as the Prophet (peace be upon him) said:

“Allah gives you one third of your property ascharity to you after your death.” This is reported byAd-Dar qutni and is authentic. If a deceased personbequeathes one third of his property to someone other thanhis heirs, it must be carried out, even if the legal heirsshould disagree.

The testator should make two just and fair Muslim malesof probity witnesses to his will, and if there are noMuslims around he may take two non-Muslims aswitnesses. If in doubt, he should get them to affirm it, asAllah says,3U &+I * 041 +i r;?) Ii! &+ bL@ Ipi &II @&jp

31

“0 you who believe, when death approaches any ofyou, (take) witnesses among yourselves whenmaking bequests -- two just men of your own(brotherhood) or others from outside if you arejourneying through the earth, and the chance ofdeath befalls you (thus). If you doubt (their truth),detain them both after prayer, and let them bothswear by Allah: ‘We wish not in this for any worldlygain even though the (beneficiary) be our nearrelaion: we shall not hide the evidence before Allah:if we do, then behold! the sin be upon us!’ But if itgets known that these two were guilty of the sin (ofperjury), let the two others standforth in theirplaces

nearest in kin from among those who claim alawful right... ” (Al-Ma’idah: 106- 107).

Another right of the deceased, which is neglected thesedays, is to be buried in the land where he dies, howeverfar it may be from his native country, because of thereward for him in this for making things easy for his legalheirs, and avoiding spending his heirs’ money onsomething which is not commendable. Ibn Al-Qaiyim hasrecorded a hadith from Abdullah ibn Amr in his bookMadarij Al-Salikin (see chapter on Life in Foreign Lands)that when a man (born in Madinah) died in Madinah, theProphet (peace be on him) said his funeral prayer, andthen said,

32

( L&l 3 O# $A & O$ 3 d & ab IA!&>\ 3) :+J e

“WoukE that he had died in a land other than hisbirth place!” A man asked ) “Why, 0 Prophet ofAllah?” The Prophet (peace be on him) replied,“When a person dies he is measured out a place inParadise from his place of birth to the place of hisdeath. ” Ibn Al-Qayyim has also recorded that Allah’sMessenger (peace be on him) stood by the grave of manfrom Madinah, and said,

(a& J o+ J! 4;1.JJ &p d & Yl ‘Q)i J& &PC* cr;lt’

“Alas for him! Would that he had died in a foreignland.” someone then asked, “What is good for aperson who dies in a foreign land?” The Prophet(peace be on him) replied, “If anyone dies in a landother than their native land, they are granted a placein paradise that is as long as the distance from hisbirth place to his place of death. ” Both hadiths areauthentic.

It is permissible for a person to set apart, before his death,for one of his sons or daughters, an amount equivalent towhat he has spent on the education or wedding gifts (pots,pans, and utensils) to his or her brothers (or sisters), andsuch other benefits enjoyed by some of his childrenbecause of the difference in their ages and circumstances.But if he procrastinated and failed to set apart this gift orbe&it before his death making witnesses to it, the

33

executor of his testament cannot take it from his estatelater on except with the agreement of the other heirs asmentioned above; but Allah knows best.

A Specimen Will

All praise is due to Allah, and peace and blessings ofAllah be on His messenger. This is the will made by . . .. . . ...*.........*.....*.. while he is in good health and in fullpossession of all his faculties (if he is ill, he shouldmention his illness while dictating his will): I bearwitness that there is no god but Allah, the One andOnly God who has no partners, the eternal, theAbsolute, who begets not, nor is He begotten, andthere is nothing that could be compared with Him. Andthat Muhammad (peace and blessings be upon him) isHis servant and messenger, whom He has chosen fromamong His creation to be the final prophet. I declarethat he left his community on an open and clear path,that paradise and hell are true, that there is no doubtabout the day of judgment, and that Allah will bring tolife the dead buried in the graves. I am pleased withAllah as my Lord, with Islam as my religion, and withMuhammad (may peace and blessings be on him) asprophet and messenger.I advise my family and other survivors after me to fearAllah and to set their mutual relations right; tostrengthen their blood ties; to obey Allah and Hismessenger in secret and in public, in prosperity and

34

adversity; and not to die except as Muslims believingin the One and Only God, without associating anythingwith Him, and obeying and worshipping Him alone.For associating someone with Allah is the root of alldisbelief in Him, and the mainstay of the state ofapostasy which our community at present confronts.By such blind obedience of other a great many peopleare unknowingly forsaking the religion of Allah. Allahsays,

EIJJT $+AJ! !,M p#! ;if~l# p #i&b, &&a ‘a-9 +

i@,kLp p#i i+&j Al 31j 2“Some He has guided: otherts have (by their own

choice) deserved the loss of their way; in that theytook the evil ones, in preference to Allah, for theirfriends and protectors, and think that they receiveguidance. It (Al=A’raf:30). I exhort them to acquireknowledge from the mujahid scholars (Islamic scholarswho practice what they preach and are ready to takeand stand and strive for what they believe in), whorepudiate anyone hostile to Allah and His messenger,and fight anyone that seeks to cause mischief in theland, or exalts the disbelievers and humiliates theMuslims, or makes what is forbidden permissible orforbids what is permissible, or helps anyone in thisregard by his acts or words.

35

I also advise my family and other survivors after me toreject any one who seeks to change the Law of Allah,as reported in an authentic had&h:

&yj q p&b &yd d,JsL, tc6;” djp 4,f &G i& )

(U (46 ito>+ @P’“There will be among you rulem whom you will

find doing many evil things, so whoever resistedthem he would succeed, and whoever kept himselfaway from them will be safe, but whoever mixes withthem he shall be ruined. It (This is reported by Ibn AbiShaibah and At-Tabrani “Authentic”). But if they are,God forbid, unable to resist them, then they should notaccept any gifts from them, nor any position underthem. Another sound hadith concerning rulers were farless unjust and staunch in disbelief than our presentday rulers who try to pervert Allah’s law andcommandments, informs us,

p ?zm s,& ,1;11,‘$ d$p! ElqT pQ & )

L&lJ J& Y, ibul dl ci3' j ,LJl +JJy &i&p.

(iijb YJ i& Y, '&$tQ ii& && % w &Li +f itQs

“There will be among iou rulers who will take theworst people as their companions and will delay theprayer from their appointed times (namely, they willnot establish prayer at its appointed times nor punishthose who abandon it), so whoeverfinds this in themshould not serve under them as a prefect, apoliceman, an employee, or a treasurer.” This is

36

reported by Ibn Majah. In short, I renounce anyonewho insults the religion of Muhammad (peace be onhim) or sells the verses of Allah for a paltry gain.

I do indeed make this testament that upon my deathand thereafter the following be observed:

I

1. Some righteous people should visit me to remind meof my Lord’s blessings upon me; to have good opinionabout Him; and that they should exhort me to recite theshahadah in a gentle and kindly manner, saying to me“0 so and so, say, ‘There is no god but Allah.“’

2. They should pray much for my good, and theyshould not utter anything except what is good andright. And when my soul leaves my body they shouldclose my eyes and tie my lower jaw in place .

3. My clothes should be taken off and I should bewrapped in clothes other than the ones I died in (ifpossible).

4. Preparation and speeding up the burial of the bodyunless this is prevented by some legitimate orcompelling reason.

5. Loud wailing should be prevented and also beatingof face and tearing of clothes and any supplications

37

like those used in jahiliyah (pre-islamic time) whichincite mourning or cause loss of patience.6. All my debts be paid and trusts in my care berestored to their owners as explained in my attachedfinancial testament.

7. I should be wrapped in three white cloths, unsewnand inexpensive.

8. Women be forbidden to accompany the funeralprocession (as commanded by the prophet peace beupon him).

9. Silence be observed at the time of burial and thereshould be complete calm, and people should ponderover death and the greatness of Allah, the Exalted, theSupreme.

10. My funeral should be expedited and as manypeople as possible should participate in my funeralprayer; the one who is most knowledgeable aboutAllah and most learned among those present, shouldlead the prayer.

11. I should be buried in a grave and the personplacing me in the grave should say “Bismillahi wa ‘alasunnati rasulillah (In the name of Allah and inaccordance with tie sum& of tie messenger ofAllah), and there should not be any gravestone

38

carrying my name because the Prophet (peace be uponhim) has forbidden such act.

12. They should sit by my grave for a while so thattheir company should render me at ease before beingquestioned while praying much for me. The peopleshould be exhorted and reminded of their duties andobligations concerning death and funeral matters.

13. The Qur’an should not be recited for me on the dayof my death or on any other day. No special place beappointed for people to come and offer theircondolences on my death, because this is also a sort ofmourning for the dead. The correct procedure is thatmy relatives should carry on their usual pursuits andpeople may offer their condolences to them when theymeet them or whenever they visit them.

14. My death should not be announced from pulpits orin newspapers etc., because the Prophet (peace beupon him) has forbidden such announcements, exceptif there is no one available to undertake thepreparations for my funeral and burial.

15. I should be buried in the place where I died, andmy body should not be transferred to any othercountry, in accordance with the advice of the Prophet(peace be on him), and in the hope of gaining the

39

reward therefor, for making things easy for the people,and increasing the heritage of my lawful heirs.

16. My household should not prepare food for thepeople on the occasion of my death. They shouldrather occupy themselves in the obedience of Allah andin enjoining patience to each other.

17. Anyone who is present at the distribution of myestate should be treated with respect and spoken to inkindly and gentle terms.

18. I have appointed. (name of the executor) to lookinto and execute the whole of this testament. It is hisresponsibility to seek help fYom the leader of thePeople who follow the Sunnah (ah1 as sunnah) in theplace of my death -- namely, from the people who arerighteous and knowledgeable. In short, I admonisheveryone with the admonition that the Prophet (peacebe on him) gave us. If there is anything in niy willwhich is against the teachings of the Islamic shari’ahand truth, then the law of Shari’ah and truth will takeprecedence over my will. I declare myself innocent ofall that the Prophet (peace be on him) renounced.

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Essential information for completing the will

All praise belongs to Allah alone, and peace andblessings be on Allah’s Messenger. The executorshould make use of the following given in the form ofanswers to some key questions provided by the testatorwith a view to discharging his obligations to Allah andpeople:

Question 1: What is your estate? And what is itsapproximate value? Please write down the kind ofproperty, e.g. land, real estate, jewellery, books, anddebts, and business transactions with people(supported by evidence) and anything that may beuseful;explain how your heirs can have access to them.

Answer:

Question 2: Do you have any trusts in your possessionthat have to be returned to their owners? What arethey? Where are they? And how can they be returned

41

to their owners? (Even a book, a tape, or a needle mustbe retuned to their owners).

Answer:

Question 3: Do you have any debt that is payable toAllah, such as the obligatory hajj, or fasting, or zakat,or a lawful vow, or the responsibility of declaring thetruth, or any other similar thing? This also includesattributing anything to Allah’s religion withoutjustification.

Answer:

Question 4: Do you have to pay any debt to anypeople? How much is the debt? Who are the creditors?And how can this debt be settled?

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Answer:

Question 5: Have you made a will concerning anythingin favour of anyone.7 What is this will? For whom?And how can it be accomplished? The deceased mustnot make a will in favour of anyone in more than onethird of his estate, nor should it be in favour of a legalheir except with the agreement of his heirs. (Pleaserefer to the introduction for further details andexplanation).

Answer:

Question 6: Do you have any true testimony whoseconcealment may harm, or whose proclamation maybenefit some Muslims?

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A serious warning before you write down youranswer (to this question): A false testimony is one ofthe major sins and causes of being thrown in hell-fire,while the testament is one of the final deeds of aperson’s life on earth. Anyone guilty of it only destroyshimself. So beware, let your testimony not bring to youmore harm than benefit.

Answer:

Question 7: Do you wish to add anything else to thiswill ? You may add more pages provided they bearyour signature and are numbered and bearing the samedate as that appearing on the will.

Additions:

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First witness .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..o.....................Signature:. . . . . . . . . . . . . .

Second witness : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Signature: . . . . . . . . . . . . . . .

(Eighteen articles in all with an attached financialtestament).

Signature of the testator..........................................Date :. ..................

Vf anyone changes the bequest after hearing it,the guilt shall be on those who make thechange. For Al lah hears and knows(everything).” (Al- Baqarah: 181).

IMPORTANT WARNING

We wish to remind our Muslims brothers that theformulation of the will given above is not basedon any text from the Quran or the sunnah; it israther an example intended to help Muslims writetheir will. They are free to make any improvement

or adaptation, if they so wish, in the light of theQuran and the sunnah.

At the end of this discussion, we hope that everyMuslim brother will take heed concerning makinga will. May Allah bless the brothers who haveread this discussion, benefitted from it, andprayed for himself, for me and for all those whohelped with the preparation the production of thisbooklet. Allah knows our intentions and guides usto the right path. May Allah bless ProphetMuhammad, his household and companions.

References:*Al-Quran Al-Karim.*Tafseer Al-Quran by Ibn Kathir.*Fathul Bari (commentary on Al-B&had by Ibn Hajar).*Sahih Muslim.*At-Tamheed, by Ibn Abdul Bax.*Al-Fatawa Al-Kubra, by Ibn Taimiyyah.*Magma Al-Fatawa, by Ibn Taimiyyah.*Madarijul Sal&in, by Ibn Al-Qaiyim (Researched by OmarUthman)*Jami’ Bayanul Ilm wa Fadlihi, by Ibn Abdul Barr.*Halaqat Ad-Darul Akhirah, by Dr. Omar Abdul Kafi.

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