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Wasee'at - Al Wassiyyah Al Shar'iyyah - The Islamic Lawful Will

  Al Wassiyyah Al Shar'iyyah     The Islamic Lawful Will       It is very important and is actually of highest priority that...

 Al Wassiyyah Al Shar'iyyah

 

 The Islamic Lawful Will

 

 

 It is very important and is actually of highest priority that you read

 about all what concerns death from any Fiqh book, starting from dying

 to cleaning/washing the dead, shrouding, burying, praying on him,

 funeral...etc.

 

 Until then I chose to give you the general line of the Wassiyyah

 (Will), which is very important to be done NOW.  The underneath is

 only a general line or could be a simple form of how an Islamic Will

 could be, each individual case has it's own under details.  This form

 has been written by a scholar in Arabic language and was distributed

 in the Mosques.

 

 Please note the following:

 

 1)  The main point that the person who wrote this will is

 concentrating on, is to make the procedures of death go under the

 teachings of Quran and the way of prophet Mohammed SAAWS.  You will

 notice that he is trying to stop all forms of Bida'a, that are

 actually being practised among many Muslim families.

 

 2)  Note that the person who wrote this will is a man, so the will of

 a woman could have little differences. (ie where women are not allowed

 in this will, men would not be allowed for a woman's will)

 

 3) You might also want to add other points according to your financial

 status.  As I said, the details will differ from one person to

 another.

 

 4) Don't forget to make a record of the debts that are in your

 custody, to guarantee the rights of your creditors.  Also remember

 that the most important debts, are those in your custody towards Allah

 SWT (i.e. the number of fasting days you owe to Allah, an amount of

 Zakat you haven't paid, ..etc.).  It is very important that we make

 sure that these debts are being paid after our death, if we did not

 pay them during our lives.

 

 5) For the sisters and brother who live in non Muslim communities

 and/or with non Muslim families may need to add other points relating

 to their situations and the procedures of death taken where they

 live.

 

 6) Please don't forget to pray for the persons who shared in writing,

 translating and proof-reading this form.  Jazakom Allaho Khairan.

 

 

 Al Wassiyyah Al Shar'iyyah

 

 The Islamic Lawful Will

 

 

 "It is prescribed on you, 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 on those who fear God (Al

 Mottaqeen) --- If anyone changes the bequest after hearing it, the

 guilt shall be on those who make the change, for God hears and knows

 (all things)." (2: 180 & 181).

 

 Narrated Ibn Omar (may Allah be pleased with them), that the prophet

 of Allah SAAWS said: "It is not right (fair) for a Muslim who has

 anything to be disposed of (willed), to sleep for two nights unless

 his will is written with him."  (Bukhari)

 

 Narrated Anas Ibn Malek (may Allah be pleased with him), who said: The

 general line of the prophet's will when he was dying (at the last

 moments) was Al Salat (prayer) and those whom you possess (captives)".

 (Ahmad & Ibn Majah)

 

 

 --------------------- Sample Of The Will ---------------------

 

 1-  I entrust (request) that if you find me to be dying, and you are

 certain of my death, to call one of the righteous whom you know to

 mention Allah and do as many supplications as he can beside me, if

 this is not going to place an excessive burden on him.

 

 And "nothing better than saying: La Ilaha Illa Allah (no God but

 Allah)" --- "O' Allah forgive me and turn on me with mercy

 (forgiveness), for you are the oft returning Most Merciful" --- "There

 is no God but You (Glory to Thee); I was indeed wrong (unfair)"

 ---Basically, anything similar to the above Dua'a is acceptable,

 without me being directly ordered to "say so and so ...etc."

 

 2-  I ask the attendants of my death to read much from the Holy Quran,

 especially Surat Yaseen (no. 36).  In addition, please read a lot of

 well known supplications from the prophet SAAWS or the righteous, or

 any supplications that are not contradictory to the Quran and/or

 Hadith teachings.

 

 3-  When death is assured, I strictly forbid the following unislamic

 practises:  Any form of screaming, face slapping/striking, tearing

 clothes, or supplications from pre-Islamic paganism.  Furthermore, I

 ask that my closest relations perform the following:  Close my eyes,

 tie up my chin with a piece of cloth (to keep my mouth from opening)

 and to remove my clothing (in which I died in) and change them for new

 clean ones.

 

 4-  I would like those of my family or friends, who are closest to me

 and who possess knowledge of the Islamic way of washing the dead, to

 wash my dead body when I die.  He/she must use a piece of cloth, a

 shred of material, a rug, or wear gloves while washing my private

 parts.  Not everyone is allowed to enter into the area of my deathbed,

 unless necessary.

 

 5-  Women are not allowed to enter the place of my death until I am

 transported to the grave.  Thereafter, it is permissible to allow them

 entrance into the house, in order to offer their condolences (after my

 body has left the house).

 

 6-  All the expenses with regards to the washing, shrouding and

 burying procedures should be kept to a minimum (no exaggeration or

 extravagance), and shall be paid for from my own or my family's

 money.

 

 7-  The actual burial of my body should take place as soon as possible

 after my death, and in the same town where I die.  Under no

 circumstances do I want the burial of my body to be delayed (i.e.

 awaiting the arrival of certain people/travellers).  I want my funeral

 procession to be a quiet one, full of humble (submissness to Allah

 SWT).  Note that women are not allowed to attend my funeral, not even

 my mother, wife, sisters, or daughters.

 

 8-  Whoever attended my death and/or my funeral has performed his

 condolences towards my family.  The three days, following my death,

 are to be kept open for receiving condolences from those who did not

 attend my funeral.  No condolences are to be offered after three days

 of my death, except for those who were out of town or who were unable

 to attend for valid reasons; under such special circumstances, they

 may offer their condolences alone, after my family's sadness has

 diminished.

 

 9-  I certify myself free of any responsibility towards Allah SWT in

 such a case that there occurs any forbidden association, mixing, or

 intermingling between men and women upon my death, seemingly under the

 guise of offering condolences or under any other reason.

 

 10-  I want my body to be buried in a tomb, specifically, the grave

 ought to be dug in proportion, to my size (length) if possible, much

 like they do in Arabian Gulf.

 

 11-  I want the righteous to carry my body to the grave, those dearest

 to me first, then if need be, those less dear, and so on.  Please lay

 my body on it's right side, I facing "Al Qibla".

 

 Then an amount of dust/earth is to be scattered on my head thrice: the

 righteous shall say during the first turn: "From the earth, We created

 you". In the second turn, he shall say:  "And into it, shall We return

 you".  And in the third one, he shall say: "And from it shall We bring

 you out once again".  The original Arabic text is in the Quran

 (20:55).  After the third turn, he shall say: "Bismillah, Wa Ala

 Millati Rasoolillah" or "In the Name of Allah, and on the way (creed)

 of His prophet".

 

 12-  I ask those, who can, to please remain for sometime after my

 burial, in order to keep me company while I am being questioned by the

 Angels of Allah SWT.  It would be appropriate during this time, to

 reflect upon or think deeply about death, and to be prepared for what

 must become of us all.  During this time, please pray for Allah's

 Mercy on my soul and make a lot of "Dua'a" for me.

 

 13-  My inheritors should pay my debts and financial liabilities as

 soon as I am buried.  If they do not have enough to cover my debts,

 the inheritors shall transfer the debts into their custody, as a

 guarantee for the rights of my creditors.

 

 And if I have ever committed any act of injustice (outrage) towards

 anyone during my life, then I ask my inheritors to return their rights

 to them, and to please do your best to ask them for their

 forgiveness.

 

 14-  No weekly ceremonies or gatherings set for receiving condolences

 after my death (please see item #8).  No ceremonies after 40 days of

 my death, no annual ceremonies, or any other Bida'a activity to take

 place in commemoration of my death.  Under no circumstances, are any

 condolences to be received from the same person more than once.

 

 15-  I request of my children to be in constant contact with all their

 relatives, and to honour my relatives and closest friends after my

 death.  I ask that they please be generous in making constant

 Dua'a(prayers) for me.

 

 16-  I entrust my wife with the task of caring for and raising our

 children according to the Holy Book of Allah SWT - the Quran and Sunna

 (way of life) of the prophet SAAWS.  Please ensure that they acquire

 the necessary education that they will need in order to both increase

 their own knowledge while being of benefit to the entire Islamic

 Umma. as you know the prayers which I made at the time of the birth of both my children.

 

 17-  I also request of my wife that she treat my relatives well and be

 kind to them, specially my mother, father and siblings.  Furthermore,

 if she has any future intention of getting married, which is better,

 then please do so after arranging the children's matters, especially

 the girls.

 

 OPTIONAL POINTS

 

 18-  I bequest one third of my possessions to be spent on charity

 projects (i.e. building mosques, Islamic organizations, Islamic

 institutions, medical public clinics, wells in the desert, orphans

 custody, ...etc.)

 

 P.S.  This point concerns those who possess enough money, and such

 that spending excess money shall not harm his/her inheritors (or

 infringe upon their rights).

 

 19-  I donate my private library to students who seek knowledge, in

 general\ specifically to the following organizations:

 (                ).

 

 P.S. This point concerns those who possess a home library, where

 keeping it at home will not be as beneficial as it could be if donated

 for public use.

 

 20-  . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 21-  . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

 Witness One Witness Two The Testator


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