Question Hour - Dr. Zakir Naik

Q: Is there no such thing as a ‘Will’ in Islam? In Islam, can a person ‘Will’ his assets or property as per his wishes, after his death, to people other than those prescribed in the methods of the Shari’ah? Is this ‘Will’ legally valid in India?

A: A ‘will’ is a legal document through which a person declares his/her wishes and instructions on how his/her property and possessions should be disposed of, distributed or given away after his/her death.
Allah (swt) says in the Glorious Qur’an:

“Prescribed for you when death approaches (any) of you if he leaves wealth (is that he should make) a bequest for the parents and near relatives according to what is acceptable – a duty upon the righteous.” [Surah Al-Baqarah 2:180]

Based on this verse from the Qur’an, it was earlier obligatory upon the Muslims to make a will before death. But after the revelation of the verses on inheritance (i.e. Surah Nisa 4:11-12), wherein Allah (swt) legislated fixed shares of inheritance for deserving heirs, it is now not compulsory in Islam for a person to write a will in his lifetime, because his estate is divided as prescribed in Shari’ah among his living heirs.

So after the revelation of Surah Nisa 4:11-12, in an Islamic country where Islamic Shari’ah is followed, it is not required to make a will.

In a non-Muslim country like India that has a separate Muslim Personal Law, to make a will is optional. If a Muslim fears that the non-Muslim country where Muslim Personal Law is followed has chances of deviating from the Shari’ah in this respect, it is preferable to make a will as per Qur’anic guidelines – otherwise it is not required. Such a will is legally valid in India.

However, in a non-Muslim country like U.S.A. that does not have a separate Muslim Personal Law, according to me it is compulsory for a Muslim to make a will as per the guidelines laid by Allah (swt) in Surah Nisa 4:11-12, so that it forces the law to execute Islamic Shari’ah as per your will.

It is the right of every citizen of a non-Muslim country, to will his property as per his desire, because in the absence of will each country has its own method of distributing the wealth.

It may be obligatory as well on a person to make a will, with regard to the dues of others where there is no proof, lest they be lost or neglected, because the Prophet (pbuh) said: “It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.” [Narrated by al-Bukhari, al-Wasaayaa 2533].

One should also ‘will’ if he fears some kind of corruption or dispute among the heirs, especially in a non-Muslim country.

However, one does not have the right to make a will for the legal heirs as per his own inclinations (or wishes), because Allah (swt) has defined the share of each heir, and He has explained who inherits and who does not inherit. So it is not permitted for any person to transgress the limits set by Allah (swt).

“And whoever disobeys Allah and His Messenger and transgresses His limits – He will put him into the fire to abide eternally therein, and he will have a humiliating punishment” [Surah Nisa 4:14]

Allah (swt) has permitted us to make a will to whomsoever we wish other than the legal inheritors for a maximum of one-third of our wealth, The Prophet (pbuh) said: “Allah was being generous to you when He allowed you to give one-third of your wealth (in charity) when you die, to increase your good deeds.” [Ibn Maajah, Kitaab al-Wasaayaa, Hadith No. 2709]

Therefore one can will upto one-third of his wealth to be used for charitable purposes or else one can also give it to the people apart from the legal heirs, because the Prophet (pbuh) said: There is no will for the heirs. [Tirmidhi, Kitaab al-Wasaayaa, Hadith No.2120].

And Allah knows the best.

If Allah has sent His books and revelations in every period, then which revelation was sent to India? Can we consider the Vedas and other Hindu scriptures to be the word of God?

. The Quran sent for whole humankind
Since the Qur’an is the last and final revelation, it was not sent only for the Muslims or the Arabs but it was sent for the whole of humankind. It is mentioned in:

a. Surah Ibrahim, chapter 14 verse 1
“Alif Lam Ra. A book which We have revealed unto thee, in order that thou mightest lead mankind out of the depths of darkness into light . . .”
[Al-Qur’an 14:1]

b. A similar message is repeated in Surah Ibrahim chapter 14 verse 52
“Here is a Message for mankind: let them take warning therefrom, and let them know that He is (no other than) One God: let men of understanding take heed.”
[Al-Qur’an 14:52]

c. Qur’an mentions in Surah Baqarah chapter 2 verse 185
“Ramadan is the (month) in which was sent down the Qur’an, as a guide to mankind, also clear (Signs) for guidance and judgement (between right and wrong).”
[Al-Qur’an 2:185]

d. A similar message is repeated in Surah Zumur chapter 39 verse 41
“Verily We have revealed the Book to thee in Truth, for (instructing) mankind.”
[Al-Qur’an 39:41]

5. Which revelation sent to India?
The question that arises is “which revelation of God was sent to India and whether we can consider the Vedas and the other Hindu Scriptures to be the revelations of God?” There is no text in the Qur’an or Sahih Hadith mentioning the name of the revelation that was sent to India. Since the names of the Vedas or other Hindu scriptures are nowhere to be found in the Qur’an and Sahih Hadith, one cannot say for sure that they were the revelations of God. They may be the revelation of God or may not be the revelation of God.

6. Even if the Veda was the word of God today you have to follow the Qur’an
Even if the Vedas and the other scriptures were the revelations from God, they were only meant for people of that time and were to be followed only for that particular period of time. Today all human beings throughout the world including India should only follow the last and final Revelation of God, i.e. the Qur’an. Moreover since all the previous revelations were not meant to be followed for eternity, Almighty God did not preserve them in their original form. There is not a single religious scripture of any of the major religions which claims to be the word of God and has maintained its pure original text and is free from alteration, adulteration and interpolation. Since the Glorious Qur’an is to be followed for eternity, Allah (swt) has taken upon Himself to maintain its original purity and guard it from corruption. Allah says in Glorious Qur’an.

Surah Hijr chapter 15 verse 9
“We have, without doubt, sent down the Message; and We will assuredly guard it (from corruption).”
[Al-Qur’an 15:9]

A: In Islam, marriage is a solemn contract for which the Islamic Shari’ah has laid down rules and measures to guarantee its stability. Though Islam permits a man to have more than one wife, it stipulates that certain conditions are to be met in this regard, for Islam’s main focus is on building a stable marital life.

If a man is able to take a second wife, and can treat both wives in a just manner, and he wants to, then he is allowed to do so as Allah says,

" marry women of your choice two or three or four; but if you fear that you will not be just, then (marry only) one "

There is no evidence in the Qur’an and the authentic traditions of the prophet (pbuh), which states that it is obligatory for the husband to have the explicit consent of his first wife, if he wants to take a second wife.
However, he should inform his first wife about his intention. It is preferable to convince her about his decision but it is not compulsory to take her consent.

But if the wife has stipulated a condition in the marriage contract, that her husband is not allowed to take another wife as long as she is married to him, then the husband should adhere to the condition and is obliged to take her permission before taking another wife.

The conditions of marriage are the most binding of conditions and are the most important before Allah, because through them intimacy becomes permissible.

Narrated ‘Uqba: The Messenger of Allah (pbuh) said: "The conditions most entitled to be abided are those of (wedding contract) with which intimacy becomes permissible to you." [Sahih Al-Bukhari Vol.7 Hadith No.5151]

Therefore in the light of the above, it’s clear that the first wife’s consent is not a prerequisite for a man to take another wife unless she specifies the above condition in her marriage contract.

And Allah knows the best.