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How to Make a Will (Waseet)?,

(76048)
   Khan
Tuesday, December 4, 2012 06:43 PM 
Reply: >
Dear Brothers,
Salaam
What is the procedure to right/make a will to secure your Wife & kids if some thing goes wrong with any person.
Please share the legal process (if invloved).
Jazak Allah Khair
waqar replied on Wednesday, December 5, 2012 05:29 AM 

As a Muslim you are not supposed to make a will. Islamic law will be followed to distribute your assets among legal deceased ppl.
IA, KSA replied on Wednesday, December 5, 2012 06:47 AM 

Anyone can make "WILL" for 1/3 of his property just to benefit those who are not legal inheritors or to give in charity but he is not allowed
and it will not even valid if he intend to make "WILL" for his whole
property. If even he do like this , the 2/3 will automatically goes
to legal inheritors as per Quran Law.
Hussain Kaisrani replied on Wednesday, December 5, 2012 07:52 AM 

As per Quranic injunctions, Wasiyyat is FARZ (obligation) just like Saum, Salat. Arabic word KOTEBA and HAQQUN is used about in Ayat number 180, Surah Albaqarah.
"It has been enjoined upon you that when you approach to death and you are leaving behind your personal property, make a testament according to law for your parents and other close to you. This has been enjoined upon Muttaqeen as duty from Allah" 2:180.

The distribution of left-over property shall take place after the provision of the WILL have been fulfilled (4:11).

Khan Sahib! if you are seeking assistance in registering, writing or making WILL in Pakistan, please provide your email so that I can send you one of my article (in Urdu) to understand the process and requirement.
Hussain Kaisrani replied on Wednesday, December 5, 2012 08:05 AM 

There are only 9 Quranic Ayaat related to Wasiyyat. Anyone can understand the Quranic Guidance within few minutes after reading any three different translations.
2:180-182,
2:240,
4:11-12,
5:106-108
IA, KSA replied on Wednesday, December 5, 2012 10:57 AM 

Thank you indeed Mr.Kaisrani for elaborated response but I would like to add here that your quoted verse 180-182 is before law of inheritance
after declaration of legal inheritors one can only prepare "WILL" for those who are out of legal inheritors.For example one can make will to give some of your property in Charity or relative who is not legal inheritor but maximum one can do "WILL" for 1/3 only , other he can not
touch and it will be distributed as per law of inheritance. The guidance can be taken from prophet sayings depicted in Bukhari Sahrif.
LAW replied on Wednesday, December 5, 2012 12:38 PM 

For moment, keep aside Islami Sharia and think if some one not follow Islamic laws and simply would like to make a will as a Pakistani citizen. What will be the procedure?
IA, KSA replied on Wednesday, December 5, 2012 12:59 PM 

You can contact at to get procedure for "Will" but
if you are a Pakistani Citizen and want to prepare "Will" for property
in Pakistan , then same procedure will be adopted , you can prepare "Will" for 1/3 only otherwise legal inheritors can knock court and the "Will" will be nullified by court as they follow Islamic Sharia. If even
one has thankless son and do not want him to give share of your property and for this purpose he prepares "Will" but this thankless son can go court and will get his share as per law of inheritance.
Hussain Kaisrani replied on Wednesday, December 5, 2012 01:04 PM 

@IA, KSA,
Thanks for your input and guidance about the matter. As this is NOT a proper forum to discuss these issues so it is enough whatever is said by you, me and other fellows.

@LAW
I appreciate your comments. We have a habit to divert the discussion into a religious debate and the actual query or issue goes behind the scene. I have tried to understand and explain my views about practical steps to write and register Wassiyyat in one of my article printed in Urdu. I don't think that this is a proper forum to present these matters on this forum. If interested, you may email me so that I can send it for your reading.
Thanks.
Hussain Kaisrani replied on Wednesday, December 5, 2012 01:22 PM 

I think that IA, KSA is right. I can provide the procedural information but "a thankless son can go court and will get his share as per law of inheritance."
Thank you for summarizing the fact.
Khan-1 replied on Wednesday, December 5, 2012 04:12 PM 

Interesting! I thought you could do whatever you wanted with assets you earned in your life time. The laws of inheritance will apply to what you do not earn but inherit. If before death someone donates all of his assets(which he/she made herself) to any one will Islam limt that option?
Mansoor replied on Wednesday, December 5, 2012 08:36 PM 

Under the Pakistani inheritance law there is no concept of a will. A person can donate any amount of his property during his lifetimes. See the link http://www.zahidlaw.com/muslim_inheritance_law.html
IA, KSA replied on Thursday, December 6, 2012 06:30 AM 

A bundle of thanks for Mr.Kaisrani
@ Khan-1 , the law of inheritance is applicable for all your assets regardless which you got by inherit or earn by yourself. This law is applicable after death of a person and even "Will" is applicable after a death of a person. During his life he is Free to spend his assets , he can donate all or can give Gift to some one during his life but our Prophet PBUH prohibited to do this and advised not to abandon inheritors and do not donate or gift all your assets during your life and even for "Will" He allowed 1/3 of your assets which will be applicable after the death.Assets are considered which are left over after death of owner, during his life he can spend as he likes, but if he wish that his assets should be utilized as per his desire after his death then he can prepare "WILL" which will stipulate beneficiaries but it will be for 1/3 assets only the rest will be divided as per law of inheritance.
@Mansoor
Dear "Will" is always applicable after death of owner, during life time no law of inheritance or "Will" is applicable
Khan replied on Thursday, December 6, 2012 09:18 AM 

This is the beauty of this forum.
Many thanks for the guidances provided by brothers.
Hussain Kaisrani replied on Thursday, December 6, 2012 10:21 AM 

@ Khan-1
If interested to read more on the topic, you may visit following links:

http://kaisrani.blogspot.com/2012/12/wasiyyat-wirasat-urdu.html

http://kaisrani.blogspot.com/2012/12/wednesday-december--am-pst.html

(LRE Management / Moderators are requested to delete this post if it is against the policy to provide any outside links).
Khan-1 replied on Thursday, December 6, 2012 10:40 AM 

Great discussion. Please let it stay. Highly educative and intelligent.
Thank you all and LRE.
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