The Islamic Wills Essay Example for Free

The Islamic Wills Essay This article is a very brief overview of the traditional Sunni Islamic law pertaining to the Islamic will. The aim of this article is to arouse awareness amongst Muslims particularly those living in the West regarding this important aspect of Islamic law. It should be stressed that when writing a will one should consult an Islamic scholar/legal expert to ensure that the will complies with Islamic law as well as the law of the country of residence. When a Muslim dies there are four duties which need to be performed. These are: 1.payment of funeral expenses 2.payment of his/her debts 3.execution his/her will 4.distribution of the remaining estate amongst the heirs according to Sharia The Islamic will is called al-wasiyya. a will is a transaction which comes into operation after the testator’s death. The will is executed after payment of funeral expenses and any outstanding debts. The one who makes a will (wasiyya) is called a testator (al-musi). the one on whose behalf a will is made is generally referred to as a legatee (al-musa lahu). Technically speaking the term testatee is perhaps a more accurate translation of al-musa lahu. The importance of the Islamic will The importance of the Islamic will (wasiyya) is clear from the following two hadith: It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a will about it. (Sahih al-Bukhari) A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If, (on the other hand), a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the Garden. (Ahmad and Ibn Majah) the will gives the testator an opportunity to help someone (e.g. a relative need such as an orphaned grandchild or a Christian widow) who is not entitled to inherit from him. The will can be used to clarify the nature of joint accounts, those living in commensality, appointment of guardian for one’s children and so on. In countries where the intestate succession law is different from Islamic law it becomes absolutely necessary to write a will. The Will (Al-wasiyya) The Islamic will includes both bequests and legacies, instructions and admonishments, and assignments of rights. no specific wording is necessary for making a will. In Islamic law the will (wasiyya) can be oral or written, and the intention of the testator must be clear that the wasiyya is to be executed after his death. any expression which signifies the intention of the testator is sufficient for the purpose of constituting a bequest. there should be two witnesses to the declaration of the wasiyya. A written wasiyya where there are no witnesses to an oral declaration is valid if it written in the known handwriting/signature of the testator according to Maliki and Hanbali fiqh. the wasiyya is executed after payment of debts and funeral expenses. the majority view is that debts to Allah (SWT) such as zakh, obligatory expiation etc. should be paid whether mentioned in the will or not. However, there is difference of opinion on this matter amongst the Muslim jurists. The Testator (Al-musi) every adult Muslim with reasoning ability has the legal capacity to make a will. An adult for this purpose is someone who has reached puberty. Evidence of puberty is menstruation in girls and night pollution (wet dreams) in boys. In the absence of evidence, puberty is presumed at the completion of the age of fifteen years. The Maliki and Hanbali fiqh also consider the will of a discerning (tamyiz) child as valid. Under English Law you must be at least 18 years of age to make a valid will (similarly in most of the United States of America) unless you are a military personnel in which case you may make a valid will at the age of 17. the testator must have the legal capacity to dispose of whatever he bequests in his will. When making a will the testator must be of sane mind, he must not be under any compulsion and he must understand the nature and effect of his testamentary act. The testator must of course own whatever he bequests. the testator has the right to revoke his will by a subsequent will, actually or by implication. In traditional Sunni Islamic law the power of the testator is limited in two ways: 1.firstly, he cannot bequest more than 1/3 of his net estate unless the other heirs consent to the bequest or there are no legal heirs at all or the only legal heir is the spouse who gets his/her legal share and the residue can be bequeathed. Narrated Sa‘d ibn Abi Waqqas (RA): I was stricken by an ailment that led me to the verge of death. The Prophet came to pay me a visit. I said, O Allahs Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity? He said, No. I said, Half of it? He said, No. I said, One-third of it? He said, You may do so, though one-third is also too much, for it is better for you to leave your offspring wealthy than to leave them poor, asking others for help (Sahih al-Bukhari, Sahah Muslim, Muwatta, Tirmidhi, Abu Dawud and Ibn Majah.) 1.secondly, the testator cannot make a bequest in favour of a legal heir under traditional Sunni Muslim law. However, some Islamic countries do allow a bequest in favour of a legal heir providing the bequest does not exceed the bequeathable one-third. Legal heir in this context is one who is a legal heir at the time of death of the testator. Narrated Abu Hurayrah (RA): Allah’s Prophet (SAWS) said, Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir. (Abu Dawud). Similar hadith narrated by Abu Umamah (RA) and reported by Ibn Majah, Ahmad and others. The Legatee (Al-musa lahu) generally speaking, for a bequest to be valid, a legatee must be in existence at the time of death of the testator except in the case of a general and continuing legatee such as the poor, orphans etc. the legatee must be capable of owning the bequest. any bequest made in favour of any legal heir already entitled to a share is invalid under traditional Sunni Muslim law unless consented to by other legal heirs. an acknowledgement of debt in favour of a legal heir is valid. acceptance or rejection of a bequest by the legatee is only relevant after the death of the testator and not before. generally speaking once a legatee has accepted or rejected a bequest he cannot change his mind subsequently. if the legatee dies without accepting or rejecting the bequest, the bequest becomes part of the legatee’s estate according to the Hanafi fiqh because non-rejection is regarded as acceptance. According to the other three main Sunni madhahib, the right to accept or reject the bequest passes onto the heirs of the legatee. there is difference of opinion as to the time at which ownership of a bequest is transferred from the testator (or his heirs) to the legatee. According to the Hanafi and Shafii fiqh the transfer of ownership is at the time of death of the testator, according to the Maliki and Hanbali fiqh the transfer of ownership is at the time of accepting the bequest. all the Sunni madhahib agree that if the legatee dies before the testator, the bequest is invalid since a bequest can only be accepted after the death of the testator. if there is uncertainty as to whether or not the legatee survived the testator, such as a missing legatee, the bequest is invalid because the legatee must be alive at the time of death of the testator for the will to be valid. if the testator and legatee die together, such as in an air crash, and it is not certain who died first, the bequest is invalid according to the Hanafi, Maliki and Shafii fiqh. But according to the Hanbali fiqh, the bequest devolves upon the legatee’s heirs who may accept or reject it. Executor of the will (Al-wasi Al- mukhtar) the executor (al-wasi) of the will is the manager of the estate appointed by the testator. the executor has to carry out the wishes of the testator according to Islamic law, to watch the interests of the children and of the estate. The authority of the executor should be specified. Hanafi and Maliki fiqh state that the executor should be trustworthy and truthful; the Shafii fiqh state that the executor must be just. the Hanafi fiqh considers the appointment of a non-Muslim executor to be valid. the testator may appoint more than one executor, male or female. the testator should state if each executor can act independently of the other executor(s). if one starts acting as an executor, one will be regarded as having accepted the appointment, both in Islamic and in English law. Dr. Abid Hussain

The Red Room :: English Literature

The Red Room I am writing an essay, based on the story ‘The Red Room’, and will try to explain what makes it such a good mystery story. Some of the main reasons for why it’s a great story include the vocabulary and words the author has used and the setting that the story is created in. The author uses gothic language, giving the story more suspense; he also sets the story in a haunted setting which builds up tension. The story was written by HG Wells, between the turn of the 20th century. HG Wells was an English author and a political philosopher; he was most famous for his science fiction romances. Wells gets across his ideas of the red room in many ways throughout the story. ‘The Red room’ belongs to the gothic genre. A gothic novel emphasises mystery and horror and it is filled with ghost haunted rooms, just as ‘The Red Room’ does. They also have underground passages, secret stair ways and so on. The genre builds up a mount of tension in the story where the description of the house gives the impression that it is old and abandoned. The old woman says, ‘eight and twenty years you have lived and never seen the likes of this house’. This illustrates that the house must be historic and it could also be decaying. The story of ‘The Red Room’ is written in first person, this suggests that the reader believes it’s from personal experience and knows what they’re feeling. At the beginning of the story, the main character (also the narrator) is open minded and sure of himself. He believes that there are no ghosts. He is very cynical, which is shown when he refuses to believe what the three old pensioners tell him. The anonymous character is referred to as `I’ as we don’t know how these pensioners know him or who he is. This leaves him with no identity, making readers think he’s mysterious. The character says ‘I can assure you said I, that it will take a very tangible ghost to frighten me.’ The author uses very expressive words in his writing and uses the adjective `tangible’; this means you can touch the ghost. You cannot touch ghosts genuinely and this is why the author uses this adjective, because the character believes ghosts are not real. The character feels unsure when the three old pensioners make him feel uncomfortable. He says `the three old pensioners made me feel uncomfortable.' This explains that the character is not made to feel at ease. It also brings out that the old pensioners are quite

Problem Young Adult Faced in Education Today

Problem young adults face in education today. Education is essential for everyone. It is the level of education that helps people earn respect and recognition. In my opinion, education is undeniable important for every single person. It goes without saying that education has a positive effect on human life. All people need to study. Only with the advent of education can people gain knowledge and enlarge their view over the world. For young adults, it is definitely necessary for them to continue their tertiary education either in private colleges or universities after completed secondary education.However, there are quite a number of problems that young adults face in education today, particularly in the aspect of financial situation, pressures of studying and peer pressures. Undoubtedly, financial condition turns out to be a major problem for young adults who wish to pursue their tertiary education in private colleges or universities nowadays. The expenses in such private colleges or universities are usually quite big in number because those expenses include tuition fees, resource fees, examination fees and so on.For some young adults, they come from weaker sections of the society and the financial situation of their house is not good enough. If a young adult is not financially equipped, it may obstruct his or her study. Furthermore, some young adults who are already studying in colleges or universities might also need to do a part time job for their own pocket money. In such situation, they have to divide their time properly so that they can balance up their work and studies. Otherwise, they may not be able to concentrate in their study and fail in some particular subjects.In short, financial condition is one of the problems young adults face in education nowadays. Besides, study curriculum has become more extensive and complex than ever before. Consequently, pressures of studying for young adults keep increasing from day to day. They also have to always bear in mind that their parents are paying for their education and there is no reason for them to fail or obtain bad results in any subjects. Thinking of that, young adults will try to do their very best and start giving themselves pressures because they are afraid of letting their parents and family down.Coursework and assignment distributed by lecturers might burdened them too if they do not know how to organize their work and time. In order to obtain results, young adults have to work very hard in every coursework and exam. To be frank, pressures are undeniable in studies but sometimes these pressures seem to be too heavy for some young adults who do not know how to manage their studies well. Moreover, peer pressure is also one of the problems faced by young adults in education. One of the peer pressures is the competition of results among friends.They are usually afraid of failing. Those who are studying know very well that the time of exams is very stressful and difficult. Some even find exam so bad that they become ill. From the other view, peer influence is also significant. For example, some of the young adults’ friends might develop an addiction for drugs, drinks and smoke. Those friends might affect the others to try them. If the others do not want to try them, they might get boycott. Young adults’ curiosity and being afraid of getting boycotted from the peers will cause them to try those unhealthy things.These example shows that young adults also face the problem of peer pressures in education today. In a nutshell, education is absolutely beneficial for society on the whole. It is life-long processes to each person that need to be reinforced throughout life. Despite of those problems faced in education, young adults should figure out solutions to solve every problem they faced so that they could be stronger to face the challenges in the future. They should always benefit their time with beneficial activities so that they can be well prepare d for their future.

Taking a Look at Social Engineering - 1177 Words

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