Writing an Islamic Will in non-Islamic State (Part 2)

Bismillāhi Rahmāni Rahīm 
You are welcome to today's class on inheritance law in Islām.
Date:   20th Jumādah Thānnī , 1441 A H /  14th February, 2020
Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories  
Lesson:   51
Topic:  Writing a Shari ‘ah-Compliant Will as a Muslim in non-Islamic State? (Part 2)
Glory be to Allah!!!  Having defined the meaning of Shari ‘ah-Compliant Will  and non-Islamic State in our last class, it is now imperative to look at the modalities that could be adopted by a Muslim living in non-Islamic state to write his Wasiyyah and make it valid and tenable in the Court of law after his or demise. We must bear it in mind however, that, as we exemplified previously, the common law Will and its content are not the same as Shari ‘ah-Compliant Will because in Islām, a Muslim cannot use his or her Will to decimate or share his or property while alive as obtainable in common law, but, he or she could use it to give out one-third (Thuluth) of his or her total estate discretionally to whomever he or she deem fit excluding the legal heirs who have been divinely apportioned a share of property by Almighty Allāh, the Law-Giver.  
In essence, the Shari ‘ah-Compliant Will that could be written by a Muslim and be admissible in Courts of non-Islamic State would include the following before it could be considered as a valid Islamic Will:
1.  The Testator would enumerate all his properties and specifies that “one-third” should be given out as bequest after his or her demise if he or she wishes to do so.
2.  All the beneficiaries of the bequest (Wasiyyah) must be spell out.
3.  The bequest and its testament (content) must be explicit; in order word, it must not be ambiguous. 
4.  The Shuhadāi (Witnesses) must attest to it and sign thereof.
5.  There must be an unbiased will-Executor willingly appointed and specified in the testament of the Wasiyyah  by the testator.
6.  The testator can also list all his legal heirs without specifying what is due to them after his death. This is done to avoid ramc
7.  He would then specify as part of his will that, I, Mr. Abū Aisha, of Lagos State Nigeria hereby without prejudice or been under any influence solemnly admit that, all the content of the above bequest are real and must be executed before the devolution of my properties and that, my remaining properties after the payment of wasiyyah and debts MUST be devolved according to the law of Al-Farā’id  (Islamic law of inheritance) as enshrined in the Qur’an and the Sunnah of Prophet Muhammad and  as dictated in the religion of Islām, the religion of peace which I chose as my faith.
     Once the Will is prepared and done as enumerated above, the next steps to be taken by the Muslim living in the said non-Islamic state is to approach the Court Probate Registry.   Inshā Allāh, in the next class, we shall look at what to be done at the Court’s Probate Registry to make the Wassiyah admissible at the conventional Court of law.
Jazākumullāhu Khayran for reading today’s lesson. 
Yours in Islām  
© Abū  ‘Ᾱisha 
The Instructor (+2348023670884)
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