What is will under Muslim law ?

Will means legal declaration of one’s own wishes to transfer of his property or thing to a particular individual after his death. Under Muslim law it is known as wasiyat.

The person who makes will under muslim law is called as testator.

According to Hadaiya, “will is an endowment of a right in property which is to take effect on the death of the person conferring the right”.

According to Durrul Mukhter, “will is an assignment of property to take effect after one’s death”.

According to Fatwa-i-Alamgiri, “Will is to be conferment of a right of property in a specific thing or a profit or advantage in the manner of gratuity to take effect on the death of the testator”.

According to Tyabji, “The legal declarations of the intension of a Muslim with respect to his property, which he desires to be carried into effect after his death”.

According to section 2(h) of the succession Act 1925, “Will is the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death”.

The person who has made a will is also known as legator.

The thing which is subject to the will is known as the legacy. The legacy may be movable or immovable property.

The person on whose favour a property or thing made will is also known as legatee.

The person who appointed to represent the testator as to execute the will is known as the executor.

Ingredients of Will:

There are two ingredients for making a valid will. The two ingredients are as follows;

(i) Proposal;

(ii) Acceptance;

(i) Proposal: The testator or will maker must declare his will or must make a proposal that his wants to make a will in favour to a specific person of his property not more than one third (1/3) of his property. For making a proposal for a valid will the testator must not be an insolvent. Under Muslim law this process is known as Ijab.

(ii) Acceptance: The legatee must accept the proposal which was declared by the testator. If the legatee doesn’t accept the proposal, the proposal made by the testator will be postpone, the proposal will not take effect at that time. The acceptor or the legatee must be a major person. If the legatee is minor one, the father of the minor can accept the proposal in favour of his minor child. Under Muslim law this method is known as Quabul.

Form of Will:

Muslim law does not prescribed any form for making a valid will. A valid may be made either by orally or by written. There is no restriction on registration according to Muslim law. But if the value of the will greater than RS 100, then it must be registered according to Registration Act & Transfer of Property Act. If a will is registered, then the will become able to get legal effect according other ordinary laws.

Purposes of making will:

A will may be made for any legal or valid purposes which are recognized by the ordinary laws of the country. A will cannot be made for any illegal purposes.

Written With The Help Of Refference Book:

Mulla’s Principles Of MAHOMEDAN LAW (19^th Edition)

Written By: M. Hidayatullah & Arshad Hidayatullah (India).

Text Book Of MOHAMMEDAN LAW (23^rd Edition)

Written By: Aqil Ahamad (India).

MUSLIM LAW (17^th Edition-2014)

Written By: Syed Khalid Rashid.

Revised By: Prof. V. P. Bharatiya (India).

Text Book On ISLAMIC LAW

[Including Statutory Family Laws]

Reprint: May 2009(1^st Edition)

Written By: Dr. Muhammad Faiz-Ud-Din (Bangladesh).