Q: The Muftis say that wasiyyat comes before the shares of the heirs. (In other words, if a deceased had made a wasiyyat (bequeathal), then one should first settle wasiyyat then give the heirs their shares from the residue.) Is this not injustice to the heirs? Should the heirs not come first? How can the Muftis ignore the haqq of the heirs by paying out wasiyyat first?
A: The Muftis say this on the basis of Quran and Hadith. It is not the Muftis who decide who must get what first; instead it is Almighty Allah Himself who states that we should settle the wasiyyat first, then give the heirs their shares. After mentioning the shares of the sons, daughters, mother, and father Allah Ta’ala states in Surah Nisaa (4) verse 11: ...after a wasiyyat that was made or after debts; In the very next verse, after mentioning the shares of the husband, wife, and siblings, Allah Ta’ala again states: …. after a wasiyyat that was made or after debts. This clearly indicates that the heirs will get their shares after a wasiyyat has been fulfilled. It is, therefore, not the ruling of the Muftis or Moulanas but rather the Command of Allah Azza Wa Jall in the Holy Quran. Anyone who opposes or refutes this is objecting directly against Almighty Allah. It should be noted that a wasiyyat is only paid out from a third or less of the estate. It is haraam to allow a wasiyyat to exceed a third.
