International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

The Legal Rules of a Will or Wasiyyah under the Shar’iah

This paper examines the legal rules of a will or wasiyyah under the shar’iah or Islamic law. The paper addresses this issue by digressing to the jahiliyyah period1 when Arabs used to dispose of their property as they liked as no law concerning bequest or inheritance existed then. The paper then discusses the meaning and place of will under the shar’iah, the conditions or principles of will under the shar’iah, will and marriages contracted by muslims under the Marriage Act, the rule of law on wasiyyah in the Holy Quran and the hadith or tradition of the Prophet, executors of wasiyyah, revocation of will or wasiyyah as well as the summary opinions of the jurists on will or wasiyyah. The study concluded by asserting that the Islamic law in respect of will has been handed down by the Almighty Allah Himself in the Holy Quran. This has been clarified by the Holy Prophet in his hadith or sunnah.

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