Inherit Will In Islamic

PROBATE linguistic Wassa comes from the word meaning order, advise, promise or
gift of property after death.
In terms of the term refers to a grant or contribution by an individual to another
party after the death of either the word will be spoken or not in the form of property
or benefits.
Pensyari'atan will be visible through the passage of the Qur'an, Hadith, the
traditions and the consensus of the companions. In the Quran, Allah ordered one to
bequeath such as in Surah al-Ma'ida paragraph 106, which means:
"O ye who believe, when one of you face death, and he will bequeath, let (the will)
be witnessed by two just men among you, or two others from among others than
you, if you are traveling in advance earth, and calamity of death befall you. "
In addition, the Prophet encourages a person to make a will, as in the hadith: "There
is no right (fit) for a Muslim, has left something to be bequeathed to two nights but
his will was written on the side." (Narrated by al-Bukhari and Muslim )
Follow the sunnah
The Prophet also said: "Anyone who dies leaving a will, he died on the road and in a
way. He also died as a cautious and syahadah and died in his sins forgiven.
"(Narrated by Ibn Majah)
Among the main requirements is that the testator's will be a mukallaf (mature and
sane), as well as independent and not be forced to owners of property bequeathed.
Recipients will also be known (except for righteousness), existing at the time of
death of the testator, skilled heirs own the property and not in accordance with the
opinion of the majority of scholars (Hanafi, Maliki, Shafi'i and Hanbali).
Bequeathed property whether movable, immovable, or benefit valued by Islamic
law, may be transferred after the death of the testator and exist in the possession of
the testator (if specified) or exist during the testator's death (if not specified).
Sighah will be accepted either explicitly (sarih) or implicit (kinayah) or either orally,
in writing or gestures.

Rate property may be bequeathed by the testator pursuant to the provisions of

legislation is so far one-third of the net assets of the relics that still exist at the time
of his death after being used for funeral expenses and the payment of debts if any.

Because of that, the will of more than a third of the estate of the testator is not valid
unless the heirs agree to the pace of it. This is based on the traditions of the
Prophet that prohibits the will of more than a third of the estate of the testator.
Saad bin Abi Waqqas said: "The Prophet came to see me while I was in Mecca."
I said: "O Messenger of Allah, do I have to bequeath all my property."
He replied: "No."
I said: "Partly."
He replied: "No."
I said, "One-third."
He replied: "Yes, one-third and one-third of the lots. Indeed, when you leave heirs
rich is better than you leave them poor, begging the people with their hands.
"(Narrated by al-Bukhari and Muslim)
The difference will and faraid:
1 - Distribution faraid prescribed by Allah in the Quran and the division will not
exceed one third of the total assets.
2 - rules of inheritance occurred after the death of the beneficiary and the will do
when alive and in force after the testator dies.
3 - The rules of inheritance that determines the method of distribution of the estate
of the deceased to the heirs of those who deserve it, and will be distributed to
others even if non-beneficiaries.

Summary
Based upon this, it should be understood that the implementation will vary with the
Law of Inheritance. There is space provided to us menginfakkan part of property to
individuals that are not included in the distribution list faraid of not more than onethird of the estate.
Thus, with the instrument of the will, we are able to help those who can not afford
even to those who are not beneficiaries such as foster children, the poor or
neighbors.
Because of the flexible nature of the will, it is also open to people who can afford
welfare to help individuals who are in trouble to obtain the reward in the hereafter.