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

Social engineering is a method of hacking in which attackers utilize personal or not-so-personal information to impersonate the rightful owner of an account. They call up the company in question and engineer a ‘reset’ of the account permissions that allow them to take over. The idea is to trick a companys employee into revealing passwords or critical information that may be used to compromise security. Phishing is a criminal activity using different variations of social engineering techniques. ‘Phishers’ attempt to fraudulently acquire sensitive information ( passwords, credit card info) by posing as a trustworthy person or business in an electronic communication. Phishing is typically carried out using email or an IM (instant message) although phone contact has known to also have been used . The damage caused by phishing ranges from loss of access to email and to substantial financial loss. This style of identity theft is becoming more popular, because of the ease with which unsuspecting people often divulge personal information to phishers (credit card numbers, social security numbers, and mothers maiden names). Once this information is acquired, the phishers may use a persons details to create fake accounts in a victims name and ruin a victims credit, or even prevent victims from accessing their own accounts. Case #1: ‘GoDaddy’, one of the companies involved in the social engineering case. The company admits that one of its employees was ‘socially engineered’Show MoreRelatedTypes Of Technologies Used With Social Engineering Attacks876 Words   |  4 Pagestechnologies can be used with social engineering attack Following are the some technologies which can be used with social engineering attacks. 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Social engineering targets this, and it has worked very effectively for them. According to Raj Samani and Charles McFarland, social engineering is â€Å"the deliberate application of deceitful techniques designed to manipulate someone into divulging information or performing actions that may result in the release of that information†Read MoreTo Love, Have Kindness, Be Compassionate, And To Show Patriotism1013 Words   |  5 Pageslives. In the field of engineering, these virtues are the building blocks for developing a virtuous career. Engineers must hold themselves to a higher character and evolve their thoughts to adjust to any situation. Engineers will continuously grow their virtues through the acquisition of knowledge in college, and the experiences they will address in careers. In this paper I will first explai n the ideas of Aristotle’s theory of virtue ethics, share my thoughts on specific engineering virtues I have obtained

Violent Video Games - 1485 Words

How does violence in video games affect people? Sometimes people think about video games and think oh no big deal but there is a lot that goes into them and they can have different effects on people. Violent video games have the most effect on people and most of them are negative. Educational games tend to have the best effect on people and can help them. Many people argue both sides and do not see them for what they are and think my kids won’t be affected but they will as more articles state and discuss these issues. Violent video games can lead to many different things such as, Gun violence, violence, and aggression. Gun violence is a bad thing and these games promote guns in many different ways and has different effects. Violence is†¦show more content†¦When kids watch educational shows that do not have violence they tend to have good qualities. They also won’t lead themselves into gun violence. Nonviolent shows have the best effect on kids. It shows that k ids who played violent video games ended up leading to gun violence. The educational shows will help them grow and explore more nonviolent ideas and they won’t even think about gun violence. Continuing the issue of gun violence and how violent video games affect people. In the article â€Å"Video games and shooting: Is the NRA right?† Mark states†the National Rifle Association blamed the entertainment industry - specifically the producers of violent video games for inciting what has become a pattern of gun violence in the United States.† Even the NRA has came up with the conclusion that violent video games lead to gun violence. That is again another effect these games have on people. These games promote gun violence because in these violent video games shooting is all these games are about. Also they kill people and can get graphic about how they are killed which puts images in there head. In the article â€Å"Should It Be Illegal for Kids to Buy Viole nt Video Games? 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Although they often are entertaining, the contents have become more violent and disturbing as computing technology has become much more advanced. These days, the popularity of violent video games has caused an increase in controversy. Many parents and researchers say the video games are now becoming too violent. The violent videoRead MoreViolent Video Games 886 Words   |  4 PagesAmerican child spends on video games per week is 8 hours? That’s a more than a whole school day! Many kids today are spending more and more time on video games. Not only is it damaging to the brain and body, but it also can cause insanity and dementia. Many of the mass murderers of the past have been found to play violent video games. Teens should not be permitted to play violent video games to ensure that they will not become aggressive. The foundation of the first video games was the CRT. 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It was also shown as evidence in some cases that the influence of such games is so huge that few children start speaking and acting like characters in the video games. Many video games, dating back to 1976’s Death Race, contain some or other aspect of violence, such as killing the bad person, driving dangerousRead MoreVideo Game Violence And Violent Video Games2382 Words   |  10 PagesAbstract The issue of video game violence seems to be a hot topic right now after several shootings have occurred and made a connection to the shooters being video gamers. In looking at past research it is apparent that there seems to large amounts of research that contradict one work to another. Although I would have been interested in conducting a poll of the publics opinion regarding the use of violent video games and their connection to mass shootings I was not able to conduct the researchRead MoreVideo Games And Violent Violence1345 Words   |  6 PagesOn television, iPads, cell phones, and even specially made devices for babies and children. Video games are interwoven with our daily lives. For many, it is just an innocent way to relax or enjoy themselves. For others, it has become an addiction in which they cannot escape. Not all video games are violent, but what about those that are? Does society have an obligation to monitor every type of video game children and adults play simply because they believe it may lead to acts of violence? Psychologists

The Effects Of Parental Absence On Academic Achievement Of...

1. Jeynes, William H. (2002). Examining the Effects of Parental Absence on the Academic Achievement of Adolescents: The Challenge of Controlling for Family Income. Journal of Family and Economic Issues 23.2, 189-210. A. The article targets the issue that how parent’s absence has a negative effect on the academic achievements of adolescents. It also discusses how it can be difficult for single-parents to manage family income. B. The article tells that when children lose a custodial parent, they go through drastic psychological and practical effects, which eventually have a negative impact on their academic achievements at school. The children do not get to have emotional stability in the house, parental involvement, and most of all fluctuating family incomes. In most cases, parental divorce and death each lead to a decline in family income which later on becomes a problem for the single-parent as they are unable to provide the children with certain products, the parents are tensed all the time which leads to them not giving time to their children. As a result, the children become emotionally stressed and fail to do academically well in school. 2. Park, H. (2008). Effects of Single Parenthood on Educational Aspiration and Student Disengagement in Korea. Demographic Research 18, 377-408. A. This study aimed to focus on the effects divorce or single parenthood might have on educational aspiration of students. 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Parents play a big role in their child’s academic achievement, especially depending on the parenting style use. The parenting style where the parents are involved and monitor their children is related to academic achievement and educational accomplishment (Spera, 2005). Parenting styles comprise of two dimensions, demandingness and responsiveness. Demandingness indicates the degree

Short Essay On Sir Isaac Newton Example For Students

Short Essay On Sir Isaac Newton Sir Isaac Newton was born on December 25, 1642 in Woolsthorpe, near Lincolnshire. He was a famous mathematician and physicist who made many contributions in the progress of science. Newton, along with Gottfried Leibniz invented the branch of math called calculus. In the summer of 1661, he was sent to Trinity College at the University of Cambridge where he received his bachelors degree. In 1667, he returned there, after taking two years off, and got his masters degree. Newtons first major achievement was in mathematics. He generalized the methods that were being used to draw tangents to curves and to calculate the area swept by curves, and he saw that the two procedures were inverse operations. By joining them in what he calls the fluxional method, he developed calculus. Although Newton invented calculus he didnt introduce it to Europe. In 1675, Leibniz figured the same thing and told Europe about calculus. Newton was always afraid of criticism and publication so he kept all of his discoveries to himself. However, enough was known about his abilities to appoint him as a Professor of Mathematics at the University of Cambridge. Another area of Newtons early interests was optics. When he tried explaining how colors occur, he concluded that sunlig ht is a heterogeneous blend of different rays and that reflections cause colors to appear by separating that blend into its components. He demonstrated this by passing a beam of sunlight through a prism which separated the beam into different colors. Newton is probably best known for discovering universal gravitation, which explains all bodies in space and on earth are affected by the force called gravity. He published his theory in his book Philosophiae Naturalis Principia Mathematica. Not only was Newton interested in science and math, he also showed interest in alchemy, mysticism, and theology. Newton died in 1727. Sources1. Sir Isaac Newton Encarta Interactive Encyclopedia, 1996