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A bequest (WasIyya) or will is defined as a transfer to
come into operation after the testator's death. The testator
is called Musi, and the legatee or devisee is called Musa lahu,
and the executor is called Wasi. It is a spiritual testament
of a man enabling him to make up his shortcomings in the
worldly life and securing rewards in the Hereafter.
According to the Shar'iah, one is entitled to make a will
for one-third of one's property and not beyond that so that
the rights of the legal heirs are not adversely affected.
" Again, the principle on which the legality of a
testamentary disposition is based being in defeance pro tanto
of the rights of heirs generally the law requires that such
disposition should be for the benefit of non-heirs alone.
" A further reason why a bequest in favour of an heir
is not allowed is that it would amount to giving preference to
some heirs over others, thus defeating the spirit of the law
which has fixed the portion of each in the inheritance and
causing disputes among persons related to one another. If the
other heirs consent to a bequest to one of them or to a
bequest of more than one-third of the estate, the above
reasons no longer hold good and the bequest as made will be
valid" (Abdur Rahim, The Principles of Muhammadan
jurisprudence, pp. 311-2).
It is, however, preferable and most advisable not to will
away the property if the legal heirs are poor, because it
manifests benevolence to the heirs who have superior claim to
it from the relations in which they stand.
Another principle which is observed in case of bequest is
that the proprietary right of a legatee in a bequest is
establislied if he accepts it.
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