WASIYYAH WAJIBAH IN ISLAMIC ESTATE PLANNING: AN ANALYSIS
Wasiyyah wajibah (binding will) is legislated by the law for unprivileged grandchildren due to death of their father during the lifetime of grandfather whereas other grandchildren, i.e. cousins, stay solvent. Contemporary Muslim scholars disagree on the obligatory status and category of inheritor...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Penerbit Universiti Sultan Zainal Abidin
2020
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/7514/1/FH02-FPP-20-49100.pdf http://eprints.unisza.edu.my/7514/ |
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| Summary: | Wasiyyah wajibah (binding will) is legislated by the law for unprivileged grandchildren due to
death of their father during the lifetime of grandfather whereas other grandchildren, i.e. cousins,
stay solvent. Contemporary Muslim scholars disagree on the obligatory status and category of
inheritors of wasiyyah wajibah as well as confusion appears over its consumption among Muslim
society. Hence, this study using an analytical method, aims to examine the legitimacy of wasiyyah
wajibah and its parameters. The most important finding of this study is that wasiyyah wajibah is
legitimate due to grandchildren’s sustenance and it is binding (wajibah) due to the authority of
law as the judgment of ruler settles the dispute. Thus, its legitimacy abides by the general
principles of Islamic law. The study also concludes that the obligation of wasiyyah has been
abrogated by the verse of inheritance only for the parents and relatives who inherit from the
deceased’s legacy, not for the parents and relatives who are deprived from the deceased.
Wasiyyah wajibah shall abide by the fundamentals of wasiyyah in Islamic law and the deceased’s
volume of legacy will be the benchmark of the portion of grandchildren. Finally, wasiyyah
wajibah signifies the social justice and social solidarity of Islamic inheritance law (fara’id). |
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