(E: -1) WILLS AND SHARIAH PERSPECTIVES IN DYING, A RESEARCH STUDY

Abstract

Will is the order of the deceased, which is executed after death. For example, if a person says at the time of death that after my death so much wealth or so much land from my property should be given to such and such a person or such and such a religious institution or a hostel or an orphanage, then this is called a will. The will should be written in the presence of two witnesses so that there are no disputes later. In Islamic Shariat, the law of will is made; So that the loved ones who are not getting a share in the inheritance due to the law of inheritance and deserve help, for example, there is an orphaned grandson or granddaughter or a widow of a son who is suffering or a brother or sister or any other loved one of support. If needy, the person should be helped through the will. Although both making a will and not making a will are permissible, sometimes it is better to make a will. In the early days of Islam, until the shares of the inheritance were determined, each person needed to determine the shares of his heirs through a will so that after his death there would be no quarrels in the family and no right of a rightful person would be killed. But when later, for the distribution of the inheritance, Allah the Almighty himself made rules and regulations which are mentioned in Surah Al-Nisaa. One of the many wisdoms of the will is that after the death of a person, the inheritance is distributed based on kinship and not in view of need, that is, the closer to the deceased will get a larger share, even if other relatives. Why not be poorer? But Islamic law has encouraged a person that if a person considers one of his relatives more deserving of help and he is not getting a share in the inheritance, then he should bequeath up to one-third of his property to him.