Writing of Will is something difficult for an ordinary person wherein such person is likely to think that he or she will die very soon whenever the issue of Will is mentioned. Certainly every one shall thirst death not as a matter of option rather as a matter of destiny destined by Almighty Allaah.

Muslims have been advised by the Quran and the Hadith of the Holy Prophet Muhammad (may Allaah’s blessings and peace be upon him) in the Hadiths to always write their Will before going to bed. So, the importance of a Will in a Muslim’s life cannot be over-emphasised. Yet, there are technicalities ordinarily associated with writing Will but Islamically, these technicalities have been surmounted by Almighty Allaah in the Holy Quran as would be seen in the below paragraphs in this paper.

Nigerian Muslims who are not grounded or educated in the matters of the Islamic Law of Succession/Inheritance are likely to be confused (apart from the fear of dying as erroneously thought by some if not majority that as soon as they write their Will, then they would die soonest) and so would normally die without having a Will written by them by their side. Therefore, as soon as they die, issues and chaos would take over all the estates or property left behind by the deceased who had worked with great efforts to acquire those materials. Even in the preaching for decorum, family members are likely to dispute and seek judicial resolution of their disputes which exposes much more embarrassment and tarnish the image and reputation of the family’s name and honour in the public place. That is why I have by this article aimed at a simple way for Nigerian Muslims to write their Will under the Islamic Law of Succession, especially for Muslims residing in the jurisdiction where there is no Islamic Law Courts such as the South West of Nigeria, among others.

Allaah says in the Quran: ‘Everyone shall taste death. And only on the day of resurrection shall you be paid your wages in full. And whoever is removed away from the fire and admitted to paradise, this person is indeed successful. The life of this world is only the enjoyment of deception’. (Quran 3:185), ‘Every soul shall have the taste of death’ (Quran 29:57). In an authentic Hadith, Prophet Muhammad said: ‘Remember the destroyer of pleasures (death), for not a day passes upon the grave except it says ‘I am the house of remoteness; I am the house of loneliness; I am the house of soil; I am the house of worms’. ( Authentic report by Thirmithiy). The knowledge of the reality of death helps people understand it and prepare themselves for its coming. Death is simply a transition state from one world to another, as birth is. No one knows when and where he will die or knows how. In this respect, Allaah says in the Quran in Surat (Chapter) Luqman: ‘Nor does anyone know what it is that he will earn tomorrow: Nor does anyone know in what land he is to die. Verily with Allah is full knowledge and Allah is acquainted with all things’. (Quran 31: 34).

Furthermore, by Quran 4:11, it is the interpretation thus ‘Allaah commands you as regards your children (inheritance), To the MALE, a portion equal to that of TWO FEMALES; If (there are) only DAUGHTERS, two or more, their share is TWO-THIRDS of the inheritance; If only one, her share is HALF. For PARENTS, a SIXTH share of inheritance to EACH if the deceased left CHILDREN; If NO CHILDREN, and the PARENTS are the (ONLY) heirs, the MOTHER has a THIRD; If the deceased left BROTHERS or (SISTERS), the MOTHER has a SIXTH. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children are nearest to you in benefit. (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.’ Also, by Quran 4:12 by interpretation, Allaah says ‘In that which your WIVES leave, your share is a HALF if they have NO CHILD; But if they leave a CHILD you get a FOURTH of that which they leave after payment of legacies that they may have bequeathed or debts. In that which YOU leave, their (YOUR WIVES) share is a FOURTH if you have NO CHILD; But if you leave a CHILD they get an EIGHTH of that which you leave after payment of legacies that you may have bequeathed or debts. If the MAN or WOMAN whose inheritance is in question has left NEITHER ASCENDANTS NOR DESCENDANTS (Al-Khalaala), but has left a BROTHER or a SISTER, EACH ONE of the two gets a SIXTH; but if MORE THAN TWO, they share in a THIRD; after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). THIS IS A COMMANDMENT FROM ALLAAH; And Allaah is Ever All-Knowing, Most-Forebearing.’ And by Quran 4:176, Allaah says ‘They ask you for a legal verdict, Say, ‘Allah directs (thus) about Al-Khalaala (those who leave neither ascendants nor descendants as heirs). If it is a MAN that dies, leaving A SISTER but NO CHILD, SHE shall have HALF the inheritance. If (such a deceased was) a woman, who left NO CHILD, her BROTHER takes her INHERITANCE. If there are TWO SISTERS, they shall have TWO-THIRDS of the inheritance; If there are BROTHERS and SISTERS, the male will have TWICE the share of the female. (Thus) does Allaah make clear to you (His Law) lest you go astray. And Allaah is the All-Knower of everything’. Note: 4:12 refers to UTERINE (same mother, different father) siblings while 4:176 refers to FULL (same father and mother) or CONSANGUINE (same father different mother) siblings.

From the above verses of the Holy Quran, the inheritance of a Muslim is clearly defined and distributed. Therefore, from above verses, there are six fractions of shares mentioned in the Quran: viz;

2/3, 1/2, 1/4, 1/8, 1/3, 1/6.

Therefore, in my humble view, it is simple for a Muslim to write his Will stating all what he intends as his last instructions. He should state: his debts (and those owing him/her) and his funeral arrangements (a Muslim is advised to have two separate books wherein in one, he writes all his debts and in the other book, to write all his belongings (as would do by a traveller and such is who he is on this earth)). Also, he should state that (at least) 2/3 of his estates shall be distributed according to the distribution in the Holy Quran and to then distribute the 1/3 (or less but less is advisable in order not to leave his heirs poor so that the left-over of the 1/3 will be added to the 2/3 and all be shared to the heirs) of the estates to those that are not to inherit as heirs as clearly stated by the Quran (which could include: disqualified heirs; non-Muslim parents and relatives; friends; those who he loves (but would not share in the estate as Quranic heirs); etc. He should then get two (trusted) witnesses to attest to his signing of the Will (note: these witnesses do not need to read the content or he reading the content to them but to only inform them that that is his Will that he is signing, so he may seal it in an envelope or with the aid of a stapler or pin after signing same). Also, under the Islamic Law of Inheritance/succession, it is my humble view that the facts that the children and wife (ves) of the Muslim witness the Will does not render it invalid (as opposed to what is obtainable under the Common Law Wills), much more that the distributions for them have already been known to them as distributed by the Quran which they even read almost everyday. So, it is better (in my view) for those close relatives to witness (even though they would not or might not know the content of the Will). Then, the Will becomes valid and upon the death of the deceased, the Will takes effect as his last testament (in all these, a Muslim does not require a lawyer to write his Will for him). These are simplicities of the Islamic Law. So far it is clear that he made the Will by trusted persons (without any doubt), such Will is binding as his last testament (and can be relied upon by an Islamic Court). But where the Muslim for one reason or the other would not use the wife (ves) or the children as witnesses, he might use two of those friends or Muslim brethren that he trusts or the Imam (Cleric) of his Mosque or the Amir (Muslim leader of his Muslim Association) as his witnesses. He can also appoint those who would be his executors who would carry out his Will (according to how he has written it so far it does not violate the Islamic Law as stated by Allaah in the Quran). He can then deposit it or keep it in safe custody (at least a copy of it) that is very close to him and where his close relatives (wife and or children or parents) are aware of. Writing of Will becomes compulsory for every Muslim male and female upon maturity (maturity of a female is determined in Islam upon her first menstruation while the ejaculation or release of semen by a male signifies his maturity).

Furthermore, I encourage Islamic General Mosques such as the National Mosque (or Jum’ah Mosques) to have a standard strong room where Muslims can deposit their Wills and can always approach to review same from time to time as they live and then the Imam is called upon to read what the deceased has written as his last testament upon the immediate information of his death. I had written recommendations to the Honourable, the Grand-Kadi of the Shariah Court of Appeal of the Federal Capital Territory-Abuja to establish Islamic Marriage Registry and the Islamic Probate Registry for Muslims in Abuja and the Honourable, the Grand Kadi has approved same after having setting up a Committee to look into the possibility of establishing same. These two registries are in the planning stage as they would soon become operational in due course! So, this is another innovation and glad tidings!

Finally, it is my belief that this piece will be of use to Muslims in Nigeria.

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