Testament To Heirs

Question.
Shaykh Muhammad ibn Salih Al-Uthaymeen was asked: Why does Islam prohibit a testament to the heirs?

Answer.
Islam forbids testament to the heirs because it would violate the provisions of Allaah, because Allaah has set the laws of the division of inheritance, as his word.

"Meaning: (The laws) it is the provisions of Allah and His Messenger, Allah will put it into heaven flowing in it rivers, and they will abide therein; and that's a big win. And whoever disobeys Allah and his Apostle, and violate its provisions, Allah will put it in the fire of hell to abide therein was he; and humiliating punishment for him. "[An-Nisa 13-14]

If someone has a son and a sister permpuan sibling, for example, then the child has the right half as part of a predetermined (fardh), while his sister is entitled to rest as a residuary. If diwasiatkan third for his daughter, for example, means that the child will get two-thirds, while his sister got a third of the course. This means a violation of the ordinance of God.

Likewise, if he has two sons, the provisions that each is entitled to half. If diwasiatkan-third to one of them, then the property into three parts. It is a violation of the ordinance of God, and unclean done.

Similarly, if it is allowed to bequeath the estate to the heirs, then there is no point in sharing provisions that heritage, and of course people will play around with a will at will, thus no heirs inherit more, while others are actually part reduced.

[Fatawa Nur Ala Ad-Darb, Shaykh Ibn Uthaymeen, juz 2, p 558].

[Copied from. Kitab Al-Fataawa ash-Fi Syar'iyyah Al-Masa'il Ashriyyah Min Fataawa al-Ulama Al-Balad Al-Haram, Khalid Al-Juraisiy Authors, Issue Fatwa Fatwa Latest Indonesia, translators Muthofa Aini et al, Publisher Darul Haq] .
Written by Faith Zenit, Thursday, July 17, 2014 - Rating: 4.5