BEQUESTS. Arabic وصية wasiyah, p1. wasaya. A bequest or will can be made verbally, although it is held to be, better to execute it in writing. Two lawful witnesses are necessary to…
BEQUESTS. Arabic وصية
wasiyah, p1. wasaya. A bequest or will can be made verbally, although it is held to be, better to execute it in writing. Two lawful witnesses are necessary to establish either a verbal bequest or a written will. A bequest in favour of a stranger to the amount of one-third of the whole property, is valid, but a bequest to any amount beyond that is invalid, unless the heirs give their consent. If a person make a bequest in favour of another from whom he has received a mortal wound it is not valid, and if a legatee slay his testator the bequest in his favour is void. A bequest made to part of the heirs is not valid unless the other heirs give their consent. The bequest of a Muslim in favour of an unbeliever, or of an unbeliever in favour of a Muslim, is valid. If a person be involved in debt, legacies bequeathed by him are not lawful. A bequest in favour of a child yet unborn is valid, provided the foetus happen to be less than six months old at the time of the making of the will.
If a testator deny his bequest, and the legatee produce witnesses to prove it, it is generally held not to be a retractation of it. If a person on his death-bed emancipate a slave, it takes effect after his death.
If a person will that “the pilgrimage incumbent on him be performed on his behalf after his death,” his heirs must depute a person [or the purpose, and supply him with the necessary expenses. (Hamilton’s Hidayah, vol. iv. 468.)
Based on Hughes, Dictionary of Islam