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The Importance of Wills (Wasiyyah) in Islam – A Reflection on Surah Al-Baqarah, Ayah 180
The Quran, in Surah Al-Baqarah, Ayah 180, states:
“كُتِبَ عَلَيْكُمْ إِذا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِنْ تَرَكَ خَيْراً الْوَصِيَّةُ لِلْوالِدَيْنِ وَ الْأَقْرَبِينَ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ”
“It has been ordained upon you that when death approaches one of you, if he leaves behind wealth, he should make a will for his parents and relatives in a fair manner—a duty upon the righteous.”
This verse highlights the significance of making a will (wasiyyah) in Islam, emphasizing its role as a moral and spiritual obligation for those who fear Allah (SWT). The Quranic instruction to prepare a will is not merely a legal formality but a profound act of foresight, justice, and compassion.
Key Insights from the Ayah:
- Wills as a Sign of Prudence and Responsibility:
Some people mistakenly believe that making a will may hasten death. However, this is a misconception. Preparing a will is an act of wisdom and foresight. The Quran mentions making a will at the time of death because it is the final opportunity to ensure one’s affairs are in order. However, it is advisable to prepare a will well in advance, as death is unpredictable.
- Wills as a Recommended (Mustahabb) Act:
While some scholars consider making a will obligatory (wajib), the phrase _”حقًا على المتقين”_ (a duty upon the righteous) suggests that it is a highly recommended act. If it were obligatory, the Quran would have used the term _”حقًا على المؤمنين”_ (a duty upon the believers).
- The Use of the Word “Khayr” (Goodness) Instead of “Wealth”:
The Quran uses the term _”خيراً”_ (goodness) instead of _”مال”_ (wealth) to emphasize that wealth, when used correctly, is a source of goodness and benefit. Islam does not condemn wealth itself but criticizes its unlawful acquisition, excessive attachment to it, or prioritizing it over moral and social responsibilities.
- Wills Based on Justice and Reason:
A will must be made in accordance with _”معروف”_ (what is reasonable and socially acceptable). It should not be influenced by hatred, revenge, or excessive favoritism. Since inheritance laws allocate specific shares to certain relatives, Islam encourages individuals to use wills to provide for those who may not inherit or whose shares are limited. However, if a will is unjust or oppressive, it becomes a grave sin.
Lessons from Hadith and Practical Examples:
It is narrated that the Prophet SAWA has said:
ما ينبغي لامرئ مسلم أن يبيت ليلة إلا ووصيته تحت رأسه
“It is not fitting for a Muslim to spend a night without having their will (wasiyyah) under their head.”
- The Consequences of Neglecting Wills:
A person with young children once donated all his wealth to charity. When the Prophet Muhammad (peace be upon him) learned of this, he expressed disapproval, stating that the man should have left something for his children. This incident underscores the importance of balancing charity with the responsibility to provide for one’s dependents.
- The Precision Required in Wills:
The Prophet (peace be upon him) warned that a person could spend sixty years in worship but end up in Hell due to an unjust will. This highlights the gravity of ensuring that wills are fair and just.
In contrast in another narration:
من مات على وصية حسنة مات شهيدا
“Whoever dies with a good will (wasiyyah) dies as a martyr.”
- The Spiritual Benefits of Wills:
Making a will is a sign of meticulousness, respect for others’ rights, and a commitment to continuing good deeds even after death. It is also a means of addressing economic disparities and redistributing wealth.
Types of Wills in Islam:
- Obligatory (Wajib):
Includes wills related to fulfilling obligations to Allah (e.g., unpaid zakah, fasting, or prayers) and to people (e.g., debts or rights owed to others).
- Recommended (Mustahabb):
Includes wills for charitable causes or acts of kindness.
- Permissible (Mubah):
Includes advice to children regarding their careers, clothing, or food.
- Discouraged (Makruh):
Includes wills for extravagant tomb constructions.
- Prohibited (Haram):
Includes wills that promote corruption or spread misleading ideologies.
Key Messages:
- Death Does Not End One’s Accountability:
Even after death, a person’s deeds, including their will, continue to have an impact.
- Wealth as a Source of Goodness:
When used wisely, wealth becomes a means of benefiting others and earning divine pleasure.
- Justice and Compassion in Wills:
A will should ensure that parents and close relatives are provided for, beyond their legal inheritance shares.
- Wills as a Reflection of Taqwa (God-Consciousness):
Neglecting to make a will is a form of neglecting the rights of others, which contradicts the principles of taqwa.
In conclusion, making a will is not only a practical necessity but also a spiritual act that reflects one’s commitment to justice, responsibility, and compassion. By adhering to the Quranic guidance and the teachings of the Prophet (peace be upon him), Muslims can ensure that their wealth becomes a source of ongoing benefit and goodness, even after their passing.
—
References:
- _Tafsir Noor, Vol. 1, pp. 277-278_
- _Safinat al-Bihar, “Wasiyyah”_
- _Nahj al-Fasahah, Hadith 626_
- _Tafsir Atib al-Bayan_
- _Wasail al-Shia, Vol. 13, p. 352_
- __ Jami Ahadeeth Al Shia Vol. 19, p.167__
- __Bihar Vol.100, p.200__
Migration: In Videos – Scholars in Lectures.
Sheikh Zuhair Al-Durura: [ARABIC] The terms are explained. The one who knows that migrating to the west will damage his religion or that of his religion will render such a move prohibited. The one who moved his family to such a place where he can not educate himself and his family religiously in an appropriate manner will bear the whole responsibility of those who went astray generation after generation.
Sheikh Habib Al-Kadhimy: [ARABIC] Every so often questions arise about migrating to other countries, other continents etc. How expensive is the choice to migrate! And if this migration results in “taa’rub”, it then results in the children and grandchildren to be raised in a corrupt environment. And to Judgement Day, these generations will grow in number…
Syed Sabah Shubbar: [ARABIC] Some scholars have identified this term “Taarub after migration” phrase as going to a place where religion can not be practiced or that religion is affected detrimentally over time.
Many people who want to migrate to such placed start by taking off part of their wives hijab, or shaving the beard, even before they actually move, as examples. Then over there, slowly and over time, the neighbors start to visit, they go to work functions etc and they start shaking hands with the opposite gender using the excuse of severe embarrassment… So over time, this move has had a negative effect…
To move to such a place is not permissible. Even if one is there and nothing has happened yet – but there is this feeling that something may be starting to change or that there is a potential for it – it is obligatory upon this person to leave that place!
Sheikh Jaa’far Al-Abd Kareem: [ARABIC] Major Sins – “Taa’rub after Migration”. People may wish to move to places, within the same country or to another nation, that have no religion or polytheists, and this mixing with these people, and the children mixing with them, may result in many religious issues to be forgotten or become weaker over time. This is one of the Major Sins.
The children may grow up to say – yes, my father was a Shia but I am….
Or theologies and practices that change in line with the environment in which you have moved to, especially for children.
In narrations, says that Taa’rub after migration and polytheism are one! Why – because this move leads to polytheism.
Sheikh Al-Ghazi: [ARABIC] (The entire clip is relevant however this is a summary from minute 5:45) – As some one who has behind the scenes access to the secrets of families through counselling sessions, either for advice or jurisprudence, so they tell me their secrets. And the end result is that it is very difficult to raise children even to the extent of 5%. Because the problem that exists is the general environment! How people live. And especially in the religious environments, there is no such similarity in non Islamic countries. So it is important take a second look at the issue of migration…
Dr. Mohammad Khair Al-Shua’al [ARABIC]: What is the ruling on the issue of taking a permanent residency, or something similar to that, in a non-Islamic country:
Summary of answers:
Al-Maliki and Ibn Hazm Al-Zahiri – have forbidden it regardless of fear of sin or otherwise.
Hanafi, Shaf-e, Hanbali – It is allowable if they are able to show and protect their own religeon and themselves and have protection.
All, however, agree, that one who is not able to protect their faith where they are is forbidden to stay there and is obligated to escape to where they can protect themselves and their faith.
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