How to construct a 'wasiat'
Friday, 11 Oct 2013
In today’s first part of a two-part article, we discuss the importance and content of an Islamic will which operates slightly different from a conventional will.
Unlike a conventional will that operates within the legal framework only, the Islamic will must confirm to shariah requirements as well.
The importance of an Islamic will cannot be understated even though many Muslims do not realise it.
Its importance is stressed by none other than Prophet Muhammad himself who said: “He who dies leaving a will, he dies in the path of the truth and righteousness, dies in obedience and faith, dies receiving forgiveness.”
This shows that the Prophet encouraged leaving behind a will.
In another instance, the Prophet said: “Those who despair are those who are despaired by their wills.”
What is meant here is that those who despair are those who died without writing a will.
In fact, writing a will can become obligatory for a Muslim if he or she has something to bequeath.
In this respect, the Prophet said: “It is not right for any Muslim person who has anything to bequeath that he may pass even two nights without having his will written.”
Having understood that Islam not only encourages but at times makes obligatory for Muslims to write a will, how shall an Islamic will be constructed?
In certain respects, it is similar to the conventional will such as the shahadah in the opening clause of other clauses that are constrained by the shariah such as the bequest clause.
There are no hard and fast rules but an Islamic will usually contains the following clauses:
- Opening clause
- Renovation clause
- Counselling
- Burial and special instruction
- Debt clearance clause
- Post-expenses clause
- Appointment of executor
- Trustee and guardian
- Bequest clause
- Attestation
- Witnesses
The opening clause usually contains the shahadah or stating one’s conviction on the oneness of God and salutations to the Prophet.
In this respect, a companion of the Prophet by the name of Anas said that the companions usually start a will with the following words: “In the name of The One God, the Beneficent, the Merciful. This is what son of (so and so), I bear witness that no god but The One God, who has no partner and Muhammad is his servant and messenger, that the Last Hour will no doubt come, that God will resurrect those in the graves.”
Like the conventional will, a revocation clause is usually included in the will. This is especially necessary when the will is not written for the first time.
It is to avoid any inconveniences later on particularly if there is a challenge to the legality of the will. The revocation clause usually follows immediately after the opening clause.
The revocation clause is usually similar to the one conventional will and may be written as follows:
“I, (so and so) NRIC number (so and so) presently residing at (so and so) being of sound minded and memory, do hereby revoke any and all former wills and codicils by me made, and do make, ordain, publish and declare this my last will and testament.”
The burial clause usually states that the burial be done in a modest manner, not too stingy and not too extravagant. It also states that no autopsy or embalmment be done on the deceased unless necessitated by law and that the body be washed and prayers be performed on the deceased without delay.
In some cases, it is vital that the testator specifically prohibits non-Islamic religious services or observances that are practised by some of the Muslim community members in Malaysia such as wailing, excessive lamentation and the giving of money to those who accompany the deceased to the grave and like.
Likewise, some Islamic purists are of the opinion that Islam prohibits the recitation of talqin after the deceased is buried and the tahlil gatherings after a certain number of days the deceased is buried.
As such, the prohibition of talqin recitation and tahlil gathering clause is usually incorporated into the Islamic will by Muslim purists.
This is the first part in process and the information needed to prepare a Muslim will.