In the Islamic Law, the distribution of the wealth of a deceased person is the remaining balance after deducting the expenses incurred to settle all the debts of the deceased and the funeral expenses.
Finally, the whole residue is distributed among the heirs by right of inheritance. If the deceased person made a Wasiyyat (Will) during his lifetime, one-third or less of the residue proportion can be exercised according to his own will. And the other two-third of the remaining balance will go to the heirs; which is the wife or wives, sons and daughters of the deceased in which the sons will receive two-times compare to the daughters.
The issue arises when the heirs disagree with the distribution of wasiyyat even though Islam encourages the making of Wasiyyat (Will), because if the deceased person did not make a will, the one-third portion will also be distributed according to Faraid (Inheritence)system. To avoid disputable among the family members, Islamic Jurist have recommend that the portion of the wasiyyat to be reduced to less than one-third. As we know, the Wasiyyat (Will) will be executed after the death of the testator and it is not permissible for the heirs to receive it.
Although it can be exercised; if the testator still wishes for giving the portion to one of his heir, the consent and approval from all the heirs must be obtain or else the will is annulled. So, to overcome this argument, one of the ways is to make it as a hibah or gift to the heir during his lifetimes. Hibah is treated as gift where it involves the transfer of ownership from the owner of the wealth to the acceptant.
But the disagreement between scholars will be further debated when referring to the following hadith. The Prophet (p.b.u.h) had said,
“God has allotted to every heir his particular right. And that a bequest to particular heirs is unjust.” (Sahih Muslim).
The argument about the disposition of wealth in the Muslim society indicates that proportion is high on the materialism and worldly possession. The holy Qur'an to the effect:
“Your riches and your children may be but a trial; but in the Presence of God, is the highest, Reward. So fear God as much as you can; listen and obey and spend in charity for the benefit of your own soul and those saved from the covetousness of their own souls,- they are the one that achieve prosperity.”(al-Taghabun : 15-16).
From the above ayahs, it enlightens the purpose of being a Khalifah (Vicegerent) in this world. The worldly possession is only borrowed to human beings as a temporary ownership of God to His servant. It will show the true self of each human being; the greed, ignorance, and also the pious and humble servant of Allah (swt).
It is not that the Muslim is denied for the accumulation of wealth in this world, but it is actually encourage for the betterment of one’s family and contribute to the society as a whole with the condition that it is performed in accordance of Islamic Shari’ah. The wealthy and pious Muslim is the best of being for he can balance the worldly possession and achievement in hereafter.So, the issue in the distribution of Wasiyyat (Will) is not supposed to emerge in the Muslim society.
The Faraid (Inheritence) system, which had been clearly stated in the holy Qur’an is the most efficient way of inheritance, while the alternative of making a Will for the one-third portion is supposed to enhance the involvement of Muslims in the charitable purpose.
Islamic Will (Wasiyah) and Its Writing Mechanisms in Wealth and Asset Management
Islam is the comprehensive religion and the only religion accepted by Allah (swt). Hence, provides guidelines to all fields of human activities irrespective of whether spiritual, material, social, political or economical. Therefore, Islam also have provide rule in distribution of wealth.
Historically, Will had been practiced in Roman Empire, in which a head of a clan the only who had the right to make a will and he gave to the people he want to give which oppressed other people who deserve it. As same in the pre-Islamic days, the males were the only rightful people to inherit wealth and denied the right of females in inheritance.
Therefore, Islam has laying down the rules to regulate the distribution of wealth among members of the family in which those rightful persons in the family get rightful share of it and there will be no dispute within the family.
There are two types of wealth distribution, one of which is following the total guidelines from Faraid (Inheritence) system and the other one, which is by making a Wasiyyat (Will).
The detail on the subject is provided with possible explanation in my book (Islamic Asset Management) published by Thompson Reuters (trans. Indonesian language "Penerapan Manajement Aset Islami").
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