علاقة الوصايا للوارث في الإسلام

Abstract

A Will is a blessing and a gift of Allah Subhanahu Wata'ala to his servant. At the beginning of Islam, bequeathing all property to its parents and relatives is obligatory according to the dalil of the Quran in Surah Al-Baqarah:180, but the ruling of bequeathing the property is repealed after the verses on the inheritance are revealed. A testament to the rightful heirs is also permissible if it is a necessity and as one of the efforts to defend the ruling of division in terms of faraidh in order to avoid discord among certain heirs that may result in injustice from the ruling of faraidh. Therefore, the objective of this study is to discuss the understanding of wills and heirs in Islam, the comparison between will, hibah and inheritance. The explanation of the hadith is narrated from Abu Daud, Ibn Majah and Ahmad "Indeed, Allah Subhanahu Wata'ala has determined that everyone who has the right (heirs) will have their rights. Thus, there is no will to the heirs", the persons entitled to receive the will, then the rate of the will assigned to the heirs and the issues and ways in which they are resolved that arise in relation to the will and heirs. To achieve this goal, scholars have referred to the Turath books associated with this title. As for the reviewer here, it is found that this will is actually permissible to the heirs provided that there is agreement among the remaining heirs and should be limited to 1/3 only, but there are some cases that the will rate is more than that stipulated by the discretion of other heirs.