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Jurisprudence S.L. Al-Hakim March 3, 2025
The Quran, in Surah Al-Baqarah, Ayah 180, states:
“كُتِبَ عَلَيْكُمْ إِذا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِنْ تَرَكَ خَيْراً الْوَصِيَّةُ لِلْوالِدَيْنِ وَ الْأَقْرَبِينَ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ”
“It has been ordained upon you that when death approaches one of you, if he leaves behind wealth, he should make a will for his parents and relatives in a fair manner—a duty upon the righteous.”
This verse highlights the significance of making a will (wasiyyah) in Islam, emphasizing its role as a moral and spiritual obligation for those who fear Allah (SWT). The Quranic instruction to prepare a will is not merely a legal formality but a profound act of foresight, justice, and compassion.
Key Insights from the Ayah:
Some people mistakenly believe that making a will may hasten death. However, this is a misconception. Preparing a will is an act of wisdom and foresight. The Quran mentions making a will at the time of death because it is the final opportunity to ensure one’s affairs are in order. However, it is advisable to prepare a will well in advance, as death is unpredictable.
While some scholars consider making a will obligatory (wajib), the phrase _”حقًا على المتقين”_ (a duty upon the righteous) suggests that it is a highly recommended act. If it were obligatory, the Quran would have used the term _”حقًا على المؤمنين”_ (a duty upon the believers).
The Quran uses the term _”خيراً”_ (goodness) instead of _”مال”_ (wealth) to emphasize that wealth, when used correctly, is a source of goodness and benefit. Islam does not condemn wealth itself but criticizes its unlawful acquisition, excessive attachment to it, or prioritizing it over moral and social responsibilities.
A will must be made in accordance with _”معروف”_ (what is reasonable and socially acceptable). It should not be influenced by hatred, revenge, or excessive favoritism. Since inheritance laws allocate specific shares to certain relatives, Islam encourages individuals to use wills to provide for those who may not inherit or whose shares are limited. However, if a will is unjust or oppressive, it becomes a grave sin.
Lessons from Hadith and Practical Examples:
It is narrated that the Prophet SAWA has said:
ما ينبغي لامرئ مسلم أن يبيت ليلة إلا ووصيته تحت رأسه
“It is not fitting for a Muslim to spend a night without having their will (wasiyyah) under their head.”
A person with young children once donated all his wealth to charity. When the Prophet Muhammad (peace be upon him) learned of this, he expressed disapproval, stating that the man should have left something for his children. This incident underscores the importance of balancing charity with the responsibility to provide for one’s dependents.
The Prophet (peace be upon him) warned that a person could spend sixty years in worship but end up in Hell due to an unjust will. This highlights the gravity of ensuring that wills are fair and just.
In contrast in another narration:
من مات على وصية حسنة مات شهيدا
“Whoever dies with a good will (wasiyyah) dies as a martyr.”
Making a will is a sign of meticulousness, respect for others’ rights, and a commitment to continuing good deeds even after death. It is also a means of addressing economic disparities and redistributing wealth.
Types of Wills in Islam:
Includes wills related to fulfilling obligations to Allah (e.g., unpaid zakah, fasting, or prayers) and to people (e.g., debts or rights owed to others).
Includes wills for charitable causes or acts of kindness.
Includes advice to children regarding their careers, clothing, or food.
Includes wills for extravagant tomb constructions.
Includes wills that promote corruption or spread misleading ideologies.
Key Messages:
Even after death, a person’s deeds, including their will, continue to have an impact.
When used wisely, wealth becomes a means of benefiting others and earning divine pleasure.
A will should ensure that parents and close relatives are provided for, beyond their legal inheritance shares.
Neglecting to make a will is a form of neglecting the rights of others, which contradicts the principles of taqwa.
In conclusion, making a will is not only a practical necessity but also a spiritual act that reflects one’s commitment to justice, responsibility, and compassion. By adhering to the Quranic guidance and the teachings of the Prophet (peace be upon him), Muslims can ensure that their wealth becomes a source of ongoing benefit and goodness, even after their passing.
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References:
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