THE CONCEPT OF ‘WILL’ UNDER MUSLIM LAW: A STUDY

Abstract: In Muslim law, the testamentary document called the will is referred to as Wasiyat .Will or Wasiyat is a document made by the legator in favour of legatee which becomes effective after the death of the legator. Under Muslim law no person is entitled to make will of the whole property. Limitations are imposed in making will.The reason being to pay the respect to the word of prophet in order to ensure the shares of the legal heirs. In case of will of absolute property nothing will remain for all sharers prescribed under Muslim Law. Wills are declared lawful in the Quran, though the Quran itself does not provide for the testamentary restriction of one-third. The permissibility of bequests up to one-third is traced to a Hadis of the Propeht which ahs been stated by Sa’d Ibn Abi Waqqas and reported by Bukhari.