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The question

Is the compulsory bequest considered a legitimate principle that aligns with the practice of the predecessors, especially given the grandfather's prior failure to make a will and the widespread neglect of writing one, and the stinginess of souls that might prevent uncles from appeasing their nephews with money? Are the examples you cited to invalidate the compulsory bequest (such as a granddaughter receiving more than a son's daughter inherits, or a son's daughter receiving more than a daughter) considered anomalies, considering that a specific bequest of one-third can lead to similar outcomes? What is the extent of the validity of the argument that Ibn Hazm did not specify a particular amount for the bequest, bearing in mind that defining it by the original share satisfies all parties? Does Sheikh Muhammad Abu Zahra's interpretation of the compulsory bequest in his book "Sharh Qanun al-Wasiya" not attack the law but rather explain it with endorsement?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

There is no prescribed method for the will (wasiyya) and its division in Islamic law (Sharia), nor has any Muslim scholar throughout the ages mandated a specific method for it. The law of compulsory bequest (wasiyya wajiba) is not attributed to Ibn Hazm or any other scholars, as those who affirmed the obligation of a will did not differentiate between non-inheriting relatives, nor did they specifically designate grandchildren, nor did they specify a known amount for it. The majority of scholars and the four schools of thought hold the view that a will is not obligatory. This law transforms the grandchildren's share from a bequest into an inheritance, which is an interference with the legal inheritance that Allah Himself undertook to divide. Inheritance is not the sole solution to address the problem of poverty; rather, there are other legitimate measures such as willing to needy relatives, encouraging heirs to give a portion from the estate, and obligatory zakat, Sadaqah (charity), and expenditures. The law is deficient because it only considered grandchildren, excluding other non-inheriting relatives like grandparents.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
106044
Imported
Translation status
Source text, unreviewed
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