ভূমিকা

Shiavault - a Vault of Shia Islamic Books Islamic Laws Rules Regarding Will (Wasiyyat) Issue 2703: A Will is purported to direct that after one's death, a certain task be completed, or that a portion of his property be given in ownership to someone, or that the ownership of his property be transferred to someone, or that it be spent for charitable purposes, or that he appoints someone as guardian of his children and dependents. A person who is to give effect to a Will is called executor (Wasi).

Issue 2704: If a person who is dumb, can make himself understood by means of signs, he can Will for anything he likes; and even if a person who can speak, makes a Will by means of signs and makes himself understood, his Will will be valid. Issue 2705: * If a written paper is found, signed and sealed by a deceased person, and if it is known or conveyed that he wrote it as a Will, it should be acted upon.

But if it is known that it was not his intention to make any Will, and that he had simply made some notes for a Will to be written later, it will not be considered as a Will. Issue 2706: * A person making a Will should be baligh, sane, and he should not be a feeble-minded squanderer. And the Will must have been made with free will and choice.

A Will made by a non-baligh child is invalid, but if a child of ten years of age Wills for the benefit of his blood relatives, or for general charity, then that Will is valid. But if he Wills for the benefit of those other than his blood relatives, or if a seven year old child WIlls that a certain part of wealth be for someone, or be given to someone, that Will is a matter of Ishkal, and in both cases, precaution must not be ignored.

As for the feeble-minded squanderer, his Will related to his property is not valid, but in matters other than the property, like in matters of some tasks or duties to be performed for the deceased, his Will is valid. Issue 2707: * If a person who injures himself intentionally, or takes a poison, because of which his death becomes certain or probable, makes a Will that a certain part of his property be put to some particular use, his Will is not in order.

Issue 2708: * If a person makes a Will that something from his property will belong to someone, and if that person accepts the Will, even if his acceptance took place during the lifetime of the testator, that thing will become his property after the death of the testator.