Wasiyat in Msuslim Law
Wasiyat in Muslim Law
Meaning of Wasiyat
Wasiyat is the Arabic term for a will or testament, which is a declaration by a Muslim regarding the disposal of his/her property after death.
In Muslim law, Wasiyat refers to the act of bequeathing a portion of one’s property to someone by will, which will take effect after the testator’s death.
Legal Basis
The law of Wasiyat is governed by the Muslim Personal Law (Shariat) Application Act, 1937 in India, and traditional Islamic jurisprudence (Fiqh).
The Quran and Hadith regulate the rules of Wasiyat strictly to protect heirs’ rights and avoid injustice.
Key Features of Wasiyat under Muslim Law
| Feature | Explanation |
|---|---|
| Limited Testamentary Power | A Muslim can only bequeath up to one-third (1/3) of the estate by will. |
| Heirs’ Rights Protected | The remaining two-thirds must be distributed according to fixed shares prescribed for heirs by Islamic inheritance law (Faraid). |
| Written or Oral | Wasiyat can be in writing or oral, but written form is preferable for proof. |
| Revocable | The testator can revoke or alter the wasiyat at any time before death. |
| No Testamentary Disposition Against Heirs’ Rights | Wasiyat cannot infringe upon the fixed shares of legal heirs. |
Conditions for Valid Wasiyat
The testator must be a Muslim of sound mind.
The wasiyat must be made during the lifetime of the testator.
The one-third limit must be observed.
The beneficiary of the wasiyat can be a Muslim or non-Muslim, as per Islamic law.
The wasiyat should be made freely and voluntarily.
Effect of Wasiyat
The will takes effect only after the death of the testator.
The wasiyat is enforced only for the one-third portion of the estate.
The remaining two-thirds are distributed as per Islamic inheritance rules.
If no will is made, the entire estate is distributed according to Faraid.
Bequests beyond One-Third
If a will tries to bequeath more than one-third, the excess portion is invalid unless the heirs consent.
The heirs’ consent can validate the entire will, including the excess bequest.
Revocation of Wasiyat
The testator can revoke or change the will anytime before death.
Death automatically revokes the ability to alter the will.
If the testator remarries or has children after making the will, no automatic revocation occurs, but the will remains subject to the one-third rule.
Distinction from Hindu Law
Unlike Hindu law, where wills may be more flexible, Islamic law imposes strict limits on testamentary freedom.
Islamic law prioritizes fixed inheritance shares for heirs over testamentary disposition.
Summary Table
| Aspect | Description |
|---|---|
| Wasiyat (Will) | Testamentary declaration by a Muslim |
| Portion Bequeathable | Up to one-third (1/3) of estate |
| Heirs’ Rights | Two-thirds (2/3) distributed as per Islamic law |
| Revocability | Fully revocable before death |
| Form | Oral or written |
| Beneficiary | Muslim or non-Muslim |
| Excess Bequest | Invalid unless heirs consent |
Case Law Examples
Shah Bano Begum case (1985 AIR 945): Although primarily about maintenance, it recognized Islamic inheritance rules including the wasiyat.
Mohammed Aslam v. Gulshanara Begum AIR 2008 Gau 97: Court upheld the validity of wasiyat within the one-third limit.
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