Under Muslim law, a will allows a person to dispose of their property after death. There are certain requirements for a valid will, including that the person making the will (the legator) must be Muslim, of sound mind, and of age of majority. The will only takes effect after the legator's death. Property can only be given to those capable of receiving it (the legatees). A will must also follow certain formalities and can transfer certain types of the legator's property. There are also some limitations under Muslim law on exactly how much property can be given to legatees through a will.

1. Restrictions under Muslim Law
related with Will
- SHIFA P ALI
shifaali5556@gmail.com

2. Introduction
• There are enormous ways to make disposition of property in Hindu law
as well as in Islamic law. Under Islamic law, a Muslim can dispose of his
property by gift, by creating a wakf or by accessing his testamentary
powers i.e. by making will.
• The concept of a will under Islamic law is a sort of bargain between 2
different propensities.
o The view of the prophet is clear that after the death of a person, his property has to
be distributed to his heirs and this rule is considered as divine law and any
interference to it is unacceptable.
o On the other hand, it is a moral duty of every muslim to make appropriate
arrangements for his property after his death.

3. Meaning and Nature of Will
• A will is also called ‘testament’ .
• It enables a person to dispose of his own property to someone who he
wants to give after his death.
• A will comes into effect only after the death of the person who created
the will.
• A will is a legal declaration to transfer of property by a person after his
death.
• In Islamic law, a will executed by a muslim is known as ‘wasiyat’. The
person who executes the will is called ‘legator’ or ‘testator’ and the
person in whose favour the will is made is known as ‘legatee’ or
‘testatrix’.

4. Essentials of a valid will
The legal validity of a will under muslim law, these are certain requisites
which make a will apt and capable of taking effect. Thus the following
requirements must be satisfied.
• The legator must be competent to make a will.
• The legatee must be capable of taking such endowment.
• The property which is endowed by the legator must be a bequeathable
property.
• Free consent of the legator and the legatee.
• The legator must possess testamentary rights over the property.

5. Who can make a will ?
In order to constitute a valid will, the competency of the legator is the
foremost requirement. A legator is considered to be capable to make a
will if he hold, the following features.
• He must be a Muslim
• Soundness of mind
• Age of majority
• Attempt to suicide by legator
• Consent of legator

6. Who can take property under a will ?
• He must be a person in existence
• Child in mother’s womb
• Murderer of legator
• Consent of legatee
• Joint legatee

7. Formalities of a will
A will can be made either orally or in writing or even by gestures.
• Oral will
• Written will
• Will made by gestures

8. The subject matter of a will
Any type of property, corporeal or incorporeal, moveable or immovable,
can constitute the subject matter of the will. But a legator can bequest a
property in a will only under two conditions:
• If he owns the property at the time of his death.
• The property must be transferable.

9. Principle limitations on testamentary powers
Contrary to general rule, there are two types restrictions:
• With respect to the extent of the property that can be bequeathed
• With respect to the legatees to whom the property is given

10. Construction of a will
• Generally, a will has to be constructed in accordance with the rules laid
under Islamic law and scrutinizing the language and intention of the
legator.
• A will is a document which is made by a person during his lifetime and
comes into effect after his death.
• A will must be interpreted to accomplish the intentions of the legator
after his death.
• At certain times, the language may not be clear and the intention of the
legator is ambiguous. In such circumstances, it is left to the discretion
of the heirs to elucidate such will in whatever way they want.

11. Revocation of a will
• Muslim law grants an emancipated right to legator exercising which he
can revoke the will or any part of the will executed by him anytime.
Similarly he can add something reasonable to the will as well.
• A legator may revoke the will either expressly or impliedly.

12. Abetment of legacies
• When a bequest exceed the limit of one-third and the heirs deny to
give their consent, the ratio of the legatees is subsidized in order to
maintain the rule of bequethable one-third.
• This reduction in the legacy of the legatees is known as abatement of
legacies.
• Under the Sunni law , the abatement occurs in relatable manner where
as in Shia law it is done preferentially.

13. Conclusion
• A will is a device which confers right to property to legatee in a gratuity
manner, postponed till the death of the legator.
• It provides an opportunity for a legator to correct the law of succession
to some extent. It empowers some of the relatives to obtain a share in
the property who are legally from excluded from inheritance under
Islamic law.
• Islamic law of will allows a person to devolve his property upon a
person of his own choice. But simultaneously, it maintains a rational
balance between the laws of inheritance and devolution of property
under a will.

14. Thank you