Wasiyyah

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nurul sakinah nasri
nurul syawani hamidi
maizatul akmar md isa

Slide Title
• What is Wasiyyah ?
• How Wassiyah can be made ?
• Characteristics of Wasiyyah ?
• Are There any Type of Wasiyyah ?
• What Obligation of a Will ?
• Who get the Will and the Contribution ?
• How a Will can be cancel ?
• Different between a Will and Gift ?
• What Asset cannot be Willed ?

Wassiyah can be define :
• From the word ‘wassa’ which means to order, advise,
promise or give away property after death.
• Shafii scholars are of the opinion that it originated
from the adjective “wassa” which means connecting
or delivering. In other words, it connects or delivers
someones good deeds during his lifetime to be
rewarded later after his demise.

.
By oral :
Any expression which
signifies the intention of
testator is sufficient for
the purpose of
constituting a bequest
By written :
A written wasiyya
where there are no
witnesses to an oral
declaration is valid if it
written in the known
handwriting/signature
of the testator
according to Maliki and
Hanbali fiqh.

• Details of the Testator (Name, National Identification
Card No., Correspondence Address and Contact No.)
• Revoke all earlier Wills made.
• Details of in expectance of marriage to the fiancée
inserted. Will shall not be revoked if mentioned in
the Will.
• Appoint minimum of one executor, trustee and
guardian. (Executor can be Individual or Trust
Corporation under Trust Companies Act 1949.
• Instructions to distribute Estate
• Directions for burial and donation of organs or
donation for charity.

• Residual Clause to transfer any Estate that Testator did
not mention specifically in the Will. Without Residual
Clause, anything not mentioned in the Will is distributed
according to The Distribution Act 1958 and hence, the
testator's wishes are not fully delivered.
• Special directions or last words to family members and
beneficiaries.
• Operate only as a Declaration of Intention, which takes
effect after death.
• Does not interfere with power of disposition during
lifetime.
• Assets is more than liabilities.
• Commorientes Instruction to be written in the Will (If the
beneficiary dies shortly after the testator (e.g. 30 days)
he/she still entitled to the assets)
• Product B

AL-MUSI (TESTATOR) ‫الموصی‬
He is a person who makes
wasiyyah. He must have legal capacity
at the time of making wasiyyah. It will
take effect after his death and he must
fulfil the following conditions:
1. The testator must be
sane and adult
2. He must be the owner of the
property of wasiyyah.
3. He must not be a
bankcrupt and debtor.
4. He must be a freed person,

AL-MUSA LAHU (LEGATEE) ٰ‫الموصی‬‫له‬
the person or object to whom the wasiyyah is made.
 Must be capable of ownership actually or constructively.
• If he is minor or insane person, wasiyyah can be accepted
by his guardian on his behalf.
 It can be made in favour of mosque, school, bridge, hospital or
animals for their maintenance.
 It can be made to the member of deceased’s family who are
helpless and are not his legal heirs like children of those sons
and daughters who already died during the life time of their
father (deceased).
 It can be made to Hmal (child in the womb) but it cannot be
executed until the child is born alive.
 Lastly, the legatee (Al-Musa Lahu) must survived the Al-Musi
(testator) either in fact or in law.

AL-MUSA BEHI (LEGACY) ٰ‫الموصی‬‫به‬
subject matter of wasiyyah. Anything which can be owned lawful in
Islam can be considered as a subject matter of the wasiyyah.
 It must be lawful in the sight of Islam. There is no bequest
with unlawful or illegal property.
 It should be in existence actually and transferable to the
legatee after the death of the testator (Al-Musi).
 It must be under custody of testator or his executor (Al-
Wusi)
 It must be available at the time of testator’s death.
 However, wasiyyah can be made with contingent property
i.e which had not yet happened, e.g unripe fruits and
unborn young animals, but they must be in existence in the
womb o their mother at the time of testator’s death.

AL-SIGHA(FORMULAOFWASIYYAH)
• It is an offer and acceptance. The offer
must be made by testator (al-musi) during
his life time either verbally or in writing.
• The Holy Qur’an requires that the offer
should be made in the presence of two
men witnesses as it is mentioned in Surah
Al-Ma’ida :
O you who believer! When death approaches any of
you, and you make a bequest (then take) the witnesses
of two just men of your own folk or two others from
outside, while you are traveling through the land and
death befalls on you.
• Acceptance becomes essential only when
the bequest is specified i.e to an individual
but in the case of mosques, schools and
other institution it is not essential.

The wasiyyah would be cancelled in the following conditions :
When Al-Musi (testator) revoked his bequest during his life
time.
When Al-Musi became insane after making his wasiyyah and
continued on this condition up to his death.
When Al-Musa Lahu (legatee) died before Al-Musi and the
wasiyyah was for a fix person.
When legatee killed Al-Musi intentionally.
When the legatee returns back the wasiyyah after the death
of Al-Musi to his heirs.
When the Al-Musa Behi (legacy) was specified and it was
destroyed before the death of testator or before the
acceptance of the legatee after the death of Al-Musi
(testator).
When legacy (Al-Musa behi) belongs to another person but
not to testator and it is proved, then the wasiyyah would be
revoked.

Are There Any Type Of a Will ?

Absolute will
A will that is done freely
Not bound by certain
conditions that are imposed
on the inheritance that may
be included by the testator.
Conditional will
A will that contains certain
conditions imposed by the
testator.
The jurists agree that the
conditions imposed in a will
are valid as long as they do
not violate the Islamic law

Generic will
A will made in general such as
to the people of a village or
a city.
Specific will
Intended specifically for a
particular party
There is possibility that the
testator, in making a will to
a specific person, compares
the amount to be willed
with the amount that one of
the heirs should receive.

Choices of distribution in Wasiyyah
• Distribute 1/3 to non-waris and the balance 2/3 to the Waris
as stated in Sijil Faraid .
• All estate to the Waris
• All estate to anyone you choose with the consent of all the
Waris

• Life Insurance policies
held under Section 166 of
the Insurance Act 1996
with nominees named.
(The spouse, children or
parents as nominees)
• Employees Provident
Fund with nominees
named. (Employees
Provident Fund Act 1951)
• Assets held under joint
ownership, which gives
right to the survival joint
owner.
• Trust created on the
money payable upon
death.

• What is Difference
between Gift and a Will ?
• Anyone Know ?

Many people make a mistake by considering gift (hiba) and will
(wasiyyah) same, though these are two different things under
Islamic Law so let us know them both briefly:
GIFT(hibah)
When a person gives any
asset during his lifetime to
one of his heirs or relatives
then that will be regarded
as a gift.
WILL (wasiyyah)
When a person requests for
transfer of ownership of
the asset to a specific
person after his death then
it was regarded as will.

Cases when the Wasiyyah is..
• Strongly Required
-A Muslim must make a will if he is involved in any kind of risk
• Recommended
-To settle what he owes to others and also arrange repay debts owed
to Allah in the will , for example :
 kaffaraat
Performance of the required Hajj
Overdue zakah
• Preferred
-For Muslim who have a reasonable size of wealth
• Not preferred
-Not preferred if the heirs are poor.
• Haram or prohibited
-The will should not cause any harm

Wasiyyah

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