Article appeared Friday, August 10th, 2012 in The News Today, Bangladesh

The Revelation (239)

yousuf mahbubul Islam, PhD

During our sojourn on earth, some of us inherit property and/or wealth, others accumulate property and/or wealth. Do we wonder what would happen to whatever we have after our death? More importantly what would happen to those who are dependent on our wealth, i.e. those who we feed and look after from our wealth? In the most recent Revelation, the Quran, our Creator enlightens us: It is He Who has created man from water: then has He established relationships of lineage and marriage: for your Lord has the Power (to do so). [25.54] In addition to the responsibility that lineage and marriage involve, we often take on the responsibility of others who are unable to look after themselves. So, what would happen to those we take care of, after our death? It is prescribed when death approaches any of you if he leaves any goods that he make a bequest to parents and next of kin according to reasonable usage; this is due from the Allah-fearing. [2.180] For those who believe, our Creator Guides,

5:106 O you who believe! When death approaches any of you and you make a bequest, then take the testimony of two just men of your own folk or two others from outside, if you are traveling through the land and the calamity of death befalls you. Detain them both after the Salah (the prayer), (then) if you are in doubt (about their truthfulness), let them both swear by Allah (saying): "We wish not for any worldly gain in this, even though he (the beneficiary) be our near relative. We shall not hide the testimony of Allah, for then indeed we should be of the sinful.''
Allah is commanding that a bequest needs to be made even if the person happens to be on a journey at the approach of death. As the terms of the bequest or will are being made there should be two witnesses responsible for relaying the terms. It is important therefore to ensure the quality and reliability of both the witnesses. The best time to get hold of witnesses is just after prayers have been offered in congregation or all three have prayed after having met for this purpose. Each witness may be then asked to take a solemn oath, for undertaking the task saying, We wish not for any worldly gain in this, even though the beneficiary be our near relative. We shall not hide the testimony of Allah, for then indeed we should be of the sinful. Note the honor and value given to such witnesses for their testimony is classified as testimony of Allah! It is best that the witnesses be from people who know you, however, if on a journey, people outside relatives may also be chosen as witnesses. However, if after all these precautions, i.e. taking two witnesses (to confirm each others testimony), praying together, taking a solemn oath and the testimony being called testimony of Allah, the witnesses decide to falsify the details of the bequest, then, If anyone changes the bequest after hearing it the guilt shall be on those who make the change. For Allah hears and knows all things. [2.181]

5.107 But if it gets known that these two were guilty of the sin (of perjury), let two others stand forth in their places nearest in kin from among those who claim

a lawful right: let them swear by Allah: "We affirm that our witness is truer than that of those two and that we have not trespassed (beyond the truth): if we did then indeed we would be wrongdoers.
Then people who have a legal right to the inheritance may bear testimony to the details of the bequest. To do so, however, they would again have to take a solemn oath in the presence of legal beneficiaries that, We affirm that our witness is truer than that of those two and that we have not trespassed (the truth): if we did then indeed we would be wrongdoers.

5.108 That is most suitable: that they may give the evidence in its true nature and shape or else they would fear that other oaths would be taken after their oaths. But fear Allah and listen (to His counsel): for Allah guides not a rebellious people.
In such an instance, when there is a disagreement between those who have a legal right, arbitrators are allowed to step in: But if anyone fears partiality or wrong-doing on the part of the testator and makes peace between (the parties concerned) there is no wrong in him; for Allah is OftForgiving Most Merciful. [2.182] Those who disagree between themselves should then allow arbitrators to step in or even appoint an arbitrator to settle the issue. We must remember that these directions are given directly by our Creator and as such we are individually accountable to him. All told, it is important to seriously think about those left behind. One of the first persons to be considered for the bequest is the wife or wives left behind. Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence; but if they leave (the residence) there is no blame on you for what they do with themselves provided it is reasonable and Allah is Exalted in Power Wise. [2.240] Since a wife is not a blood relation, people from the husbands family may not want to look after her. However, the husband had pledged his right hand to provide maintenance and residence by virtue of wedlock. So, it is important that the widows living needs (maintenance) as well as shelter is clearly specified in the bequest. This should be taken care of before division of the inheritance is done as specified elsewhere in the Quran [e.g. 4.11 and 4.12] To (benefit) everyone We have appointed sharers and heirs to property left by parents and relatives. To those also to whom your right hand was pledged give their due portion: for truly Allah is Witness to all things. [4.33] Allah therefore warns us: Those are limits set by Allah: those who obey Allah and His Apostle will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement. But those who disobey Allah and His Apostle and transgress these limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment. [4.13 4.14]