Surah 2. Al-Baqara, Ayah 182
| فَمَنْ خَافَ مِنْ مُوصٍ جَنَفًا أَوْ إِثْمًا فَأَصْلَحَ بَيْنَهُمْ فَلَا إِثْمَ عَلَيْهِ ۚ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ |
| Transliteration | : | fa- man khaafa min mos.i(n) janaf(an) 'aw 'ithm(an) fa- as.lah.a bayna -hum fa- laa 'ithm calay -hi 'inna 'allaah ghafor rah.em |
| Pickthall | : | But he who feareth from a testator some unjust or sinful clause, and maketh peace between the parties, (it shall be) no sin for him. Lo! Allah is Forgiving, Merciful. |
| Asad | : | If, however, one has reason to fear that the testator has committed a mistake or a [deliberate] wrong, and thereupon brings about a settlement between the heirs,154 he will incur no sin [thereby]. Verily, God is much-forgiving, a dispenser of grace. |
| Malik | : | But there is no blame on the one who suspects an error or an injustice on the part of the testator and brings about a settlement among the parties. Allah is Forgiving, Merciful. |
| Yusuf Ali | : | But if anyone fears partiality or wrong-doing on the part of the testator and makes peace between (the parties concerned) there is no wrong in him; for Allah is Oft-Forgiving Most Merciful. 187 |
Note - 154Lit., "between them" - i.e., a settlement overriding the
testamentary provisions which, by common consent of the
parties concerned, are considered unjust.
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Note - 187A verbal will is allowed, but it is expected that the
testator will be just to his heirs and not depart from
what is considered equitable. For this reason definite
shares were laid down for heirs later (see Q. iv. 11,
etc.). These define or limit the testamentary power, but
do not abrogate it. For example, amongst kin there are
persons, e.g., an orphan grandson in the presence of
surviving sons) who would not inherit under the intestate
scheme, and the testator might like to provide for them.
Again, there may be outsiders for whom he may wish to
provide, and jurists have held that he has powers of
disposition up to one-third of his property. But he must
not be partial to one heir at the expense of another, or
attempt to defeat lawful creditors. If he tries to do
this, those who are witnesses to his oral disposition may
interfere in two ways. One way would be to persuade the
testator to change his bequest before he dies. The other
way would be after death, to get the interested parties
together and ask them to agree to a more equitable
arrangement. In such a case they are acting in good
faith, and there is no fraud. They are doing nothing
wrong. Islam approves of every lawful device for keeping
brethren at peace, without litigation and quarrels.
Except for this, the changing of the provisions of a Will
is a crime, as it is under all Law.
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A verbal will is allowed, but it is expected that the testator will be just to his heirs and not depart from what is considered equitable. For this reason definite shares were laid down for heirs later (see Q. iv. 11, etc.). These define or limit the testamentary power, but do not abrogate it. For example, amongst kin there are persons, e.g., an orphan grandson in the presence of surviving sons) who would not inherit under the intestate scheme, and the testator might like to provide for them. Again, there may be outsiders for whom he may wish to provide, and jurists have held that he has powers of disposition up to one-third of his property. But he must not be partial to one heir at the expense of another, or attempt to defeat lawful creditors. If he tries to do this, those who are witnesses to his oral disposition may interfere in two ways. One way would be to persuade the testator to change his bequest before he dies. The other way would be after death, to get the interested parties together and ask them to agree to a more equitable arrangement. In such a case they are acting in good faith, and there is no fraud. They are doing nothing wrong. Islam approves of every lawful device for keeping brethren at peace, without litigation and quarrels. Except for this, the changing of the provisions of a Will is a crime, as it is under all Law. |
