By: Hazrat Moulana Muhammad Ilyaas Patel Saheb (d.b)
On many occasions it has happened that the deceased had drawn a will that was not according to the sharee‘ah. For example, he made a wasiyyat (bequest) that the business or a certain property should be given to one particular son. Such a bequest is not valid since it contradicts the hadeeth that “There is no wasiyyat for an heir.” Thus the simple thing to do is to totally ignore the un-Islamic bequest and distribute the estate strictly according to the sharee‘ah.
However, in many instances, perhaps innocently (due to not knowing the law), the person who stood to gain a few coppers more on the basis of the un-Islamic will counters: “But it is my right!” If he is denied this “right” he will be prepared to even go to the western courts to receive it. At this point it should be considered: “If a non-Muslim made a bequest for this very person that he should be given a million bottles of wine or one ton of pork, would he still claim ‘It is my right’ and consume it?” Demanding the haraam bequest is really no different. It is usurping the rights of others for which one will have to pay dearly in the Hereafter.
Nevertheless it is imperative that one has his financial affairs in order so that these problems are avoided upon one’s death. There are several aspects which require attention.
(to be continued)