REDISTRIBUTIONAL ROLE OF WILL IN ISLAMIC LAW

BY
DR. ABDULMAJEED HASSAN-BELLO

DEPARTMENT OF RELIGIOUS AND CULTURAL STUDIES

UNIVERSITY OF UYO, UYO
AKWA IBOM STATE

E mail boladebello@yahoo.com, abhassanbello@gmail.com

Tel +2348037199987/ +23480221219

Abstract
The starting point of all Islamic thought, be it political, economic or social is the truth that
real ownership, sovereignty and power belongs to Allah alone. Thus all providence made
should be for the benefit of mankind and not for any section of it. Though it may be that on
surface it looks as if some goods are assigned or committed to the care of a particular
people. There are many institutions within the economic sphere operating constantly to
further the objectives of the whole system. One of them is the Islamic system of will, with
which we are mainly concerned in this paper. Though, the redistribution aspects of the
will is not given due attention, yet, the paper has attempted looking at the will as one of
the solution to economic inequality and as a means of bringing the desired revolution
without any bloodshed or disorder. The paper suggested that the difference in economic
status between people arise from wealth does not indicate that one section is inherently
better than the others. But by the divergence status God desires to put the wealthy class on
trial. A wealthy person who God gives should donate too much to charitable purpose. If he
does not carryout this obligation he will be guilty of stinginess.

Keywords: wasiyyah, bequest, one tenth, one third

Introduction

The making of a will by an average Nigerian is an anathema; the very thought of the idea
seems an invitation to death. Intestacy is the norm in all the communities in Nigeria, while
the testacy (the making of a will) is an aberration. It is an import from the English system
of inheritance and succession.1 But the fact is that Will should not be considered as a bad
omen. It is not a sign of death or passing away soon, Will is a kind of providence and
farsightedness.2 At best a Muslim can bequeath a maximum of one third 1/3 of his
disposable possessions to other people or societies of his choice. These measures
effectively prevent the accumulation of wealth in the hands of the few. Cannon observed:
"Bequest and inheritance are by far the most potent cause of inequality of property".3 it is
true that bequest and inheritance are not the original cause of inequality, but is also true
that inheritance perpetuates and may intensify inequality arising originally from other
causes. 4
The object of the Islamic economic system is to ensure the widest and most
beneficent distribution of wealth through institutions set up by it and through moral
exhortation. To this end all unlawful means of acquiring property are prohibited. As far as
the lawful acquired wealth is concerned, its legal owner is not the only person entitled to
use it. Those in need who ask, and even those who do not ask, have a right in the property
of those who are better off, in as much as all wealth is a bounty of God, and is acquired
through the use of resources which God has provided for the benefit of the whole of
mankind. Allah says:" And in their wealth was a share for those who asked for help and
those who could not." (51:19).
Though, the Islamic law of will plays a significant role in reducing the degree of
inequality in Islamic society in each generation as it effectively reduces the everlasting gulf
between rich and the poor, and despite the fact that the Islamic law of will is a powerful
measure, both in checking accumulation of wealth and diffusing it among large sections of
the Islamic society, the redistribution aspects of these branch of Islamic law is not yet
expatiated on.
It is therefore, the aim of this paper to highlight will from economic perspective
and suggest practical ways of benefiting from the Will in general and charitable bequest
in particular to solve some of our problems of wealth inequality. The contention of this
paper is that if the teaching of Islamic law are understood and adopted among the Muslims,
3

the problem of inequality would easily be reduced. Thus, the paper focuses the meaning of
will, analysis of the verses of the will and inheritance, rules relating to the will, charitable
will, problems, conclusion and recommendation.
Will or bequest
The word will is the means formally giving someone something after the death by stating
it expressly in a document called will. will is an old word meaning to want or intend
something to happen.5 Will according to English language is synonymous with the word
bequest.6 will or bequest in Islamic law is called Wasiyyah, an Arabic word literally
means entrust, command, commit, charge or care, give an order for, to make ones
will, to bequeath and transfer by will. 7 in the technical language of the Islamic law,
Wasiyyah signifies the confirmation of a right of property to some person that takes
effect after the death of the testator. 8 In another words, will is an assignment of property
to take effect after ones death.9 Then will is disposal of property by its owner to another
contingent on the disposees death. Therefore a will is a legal declaration of how a person
wishes to dispose off his or her possessions after death.10
Making a Will is highly recommended in Islam. The authority of this rule is
mentioned in the Holy Quran and in the Sunnah. It was only with the advent of Islam that
making a Will was declared to be a religious duty and made incumbent on every Muslim
to leave directions for near relations to be carried out after his death. 11
The legality of a bequest is clearly admitted in both the verses and Sunnah dealing
with the law of inheritance. The property left is to be divided after payment of a bequest
that may have been made or debt. Allah says: '' after the payment of any bequests he
may have bequeathed or of debts'' (4:11); "after the payment of any bequests they may
have bequeathed or of debts "(4:12).
There is a further injunction in the Holy Quran relating to bequest:
It is prescribed for you when death comes to any one of you, if
he leaves much wealth that he makes a will to parents and near
relatives to act with fairness; it is an obligation on those who fear
God (2:180).
And those of you who die and leave behind and wives shall
bequeath to their wives provision for a year without their being
turned out (2:40).
O ye who believe! the right evidence among you, when death
presents itself to one of you, at the time of making a bequest; is
4

of two just men from among you; or of two others not from
among you, if you be journeying in the land and the calamity of
death befall you(5:106).
The power of a person under the Islamic law, to dispose his/her property by a will
is restricted, primarily in two ways: firstly, as regards to persons to whom a bequest can be
made, and secondly as regards the extent to which he can bequeath his property. The only
case in which testamentary direction is binding upon heirs is where the bequest does not
exceed the permitted one-third of the property and is made to a person who is not a legal
heir.12
The Holy prophet (S.A.W) said: Allah gave a favour to you one-third of your
property, when you are about to die, as an addition to your goods deeds13
In another report the Holy prophet said:
It is not permissible for any Muslim who has something much to
will, to stay for two nights without having his will and testament
written and kept ready with him.14
On the percentage to be willed in the way of Allah, or the minimum amount to be
willed for the charitable purpose it was related according to Sunnah Al.Nisai; Sad bin Abi
Waqas said:
The Holy prophet paid me a visit when I was ill, and asked me if
I had made a will I said: yes. He then asked, how much. I said: I
had bequeathed the whole of my property to be spent in the way
of Allah. He said: and what have you left for your children? I
said they are well-to-do. He said: bequeath one-tenth.15
In another version Sa`d bin Abi Waqas said:
I was taken very ill during the year of the conquest of Mecca and
felt that I was about to die. The prophet visited me and I asked:
"O Messenger of Allah I own a good deal of property and I have
no heir except my daughter. May I make a will, leaving all my
property for religious and charitable property"? He (the prophet)
replied: "No." I again asked "may I do so in respect of 2/3 of my
property"? He replied "No" I asked: "may I do so with one half
of it?" He replied "No". I again asked: "may I do so with 1/3 of
it"? The prophet replied: "Make a will disposing of one third in
that manner because one third is quite enough of the wealth that
you possess. Verily if you die and leaf your heirs rich is better
than leaving them poor and begging.16
5

These reports make it clear that the will spoken of on various occasion in the Holy
Quran and Sunnah is a charitable bequest, and not a will for the heirs, and that this
bequest was to be between 1/10th-1/3rd of the property, so that the heirs might not be deprived
of their share of inheritance.17
Analysis of the verses of the Will and Inheritance
Haskafi noted that it is not obligatory to make a will for the benefit of one's parents and
relatives, because the verse of the Qur'an in sura-i-baqar has been cancelled by another
verse sura-i-nisa.

18

Based on this Doi held that legislation on inheritance has abrogated

that on bequests for the parents and the wife. 19 Therefore the alleged contradiction between
the verses concerning a will, (2:180-181) and verses of inheritance (4:11-12) deserved
critical analysis.
The verses concerning a will, (2:180, 2:240 and 5:105-106) and verses of
inheritance.(4:10-11) In chapter 4 of the Holy Quran verses ten and eleven fix the share of
all the beneficiaries to a deceased persons property, according to the Islamic law of
inheritance, and these in the first instance include parents, wives and husband, daughters,
brothers and sisters.
Verse 180 of chapter 2 make an additional and necessary provision in regard to
inheritance not seldom there come forward claimants who allege that a deceased person
had bequeathed such and such portion of his property to them, and witness are not wanting
to support their claims. The rightful heirs, not knowing anything about it, naturally suspect
the claim. The result is quarrel and litigation. Every Muslim is, therefore, enjoined to make
a proper bequest at the time of his death that property be divided among his heirs; parents,
children, wives, etc; according to the law of Islam, stating there also the portion for any
other individual who is not legally entitled to inheritance but to he who wishes to bequeath
some of his property. Such a declaration made with the knowledge of his heirs and
relatives is calculated to put a stop to much litigation. Such a provision is more essential in
cases where the property or wealth is considerable. 20 The Arabic term khair has been
applied for wealth to make it manifest that Islam considers wealth as a good thing and a
blessing from Allah when it has been earned in a lawful way and is spent through the path
of help and benefit to people. This idea nullifies the wrong attitudes of those who think of
6

wealth substantially as a bad thing. Islam hates those deviated pretenders to piety who
have not recognized the spirit of Islam and think of Islamic piety as quality equivalent to
poverty. The wrong thought and behaviour of such apparent believers cause the stagnation
of some Islamic societies.21
Secondly, although the distinction between testate and intestate succession is not
specifically referred to in the Quran, it is implicit in the very nature of the Quranic
inheritance law; when referring to intestacy, detailed rules are laid down and specific share
are determined. When, on the other hand, referring to testate succession, only general
guidelines are given. The verse concerning a will, thus, lay down an additional and very
necessary provision, and refer only to bequests made in favour of persons or relatives not
legally entitled to a share in the testators property, whom the testator, out of wish to win
the pleasure of God, may want to help. 22 In other words a Muslim should, before his death,
bequeath a part of his property, not exceeding one-third, to such of his relatives as have
been debarred by law from inheriting from him, in such a case the remaining two-third
will go to his lawful heirs.
Thirdly, the verse contains the real solution to the problem of orphaned
grandchildren. According to the Islamic law, as generally accepted, the grandchild of a
deceased Muslim is debarred from inheritance in case the formers father has predeceased
the latter. The Quran, therefore, directs that a property may be left by a special will by a
dying Muslim for such of his relatives as are otherwise rightful heirs but cannot inherit
owing to some of their near kinsman having predeceased them.
Fourthly, the fact that despite the repeated reference to testamentary directions, the
Quran contains no references whatsoever, to the so-called primary function of a will,
namely the designation of heirs, also indicates that within the Islamic structure, testate and
intestate succession run parallel to each other and the question of abrogation of one by the
other does not arise. The verses 5:106-108, for example, contain detailed instructions of
how a will is to be witnessed; but there is no mention of beneficiaries of a will.
Lastly, verse 240 of Quran Chapter 2 contains no obligatory injunction, but only
an additional exhortation to the heirs of the deceased person to show special kindness to
the widow for a period of one year, which is about the time conveniently required by a
widow for making suitable arrangements about her future. It is also the requisite time for a
7

pregnant widow to be delivered of the child and relieved of the encumbrances attending
thereto. Thus, the verse has nothing to do with the share of a widow in the property left by
her husband. Therefore, the concession about residence and maintenance for one year does
not form part of her share in the inheritance. 23Thus there is no contradiction between the
verses of the will and verses of inheritances.
Rules relating to the will
In the following, we quote certain rules of the law relating to the wills:
1.

Bequest by a minor is not permitted even if he dies on attaining

2.

Sanity is also a necessary condition to the validity of a will, for an insane person

is presumed, not to be capable of exercising the faculty of properly

majority.
considering the

nature of the act.

3.

If the legatee dies before the testator, the legacy cannot take effect. If,
however, the legatee survives the testator, but dies without accepting

or

rejecting the legacy, the right to do so passes on to his heirs.

4.

The legatee should not be an heir to the testator at the latters death.

5.

Bequest of more than a third (of the testators property) is not valid, except
when assented to after the testators death, by his

heirs, provided they

major. Any assent given during the testators lifetime is useless; it will

are

hold well only

when given after his death. 24

6.

The Islamic law requires that for a will to be valid, it must be attested by two
reliable witnesses (6:106-108).

7.

There is no discrimination in the will. Thus, the will could be made in favour of
anybody. The bequest made by Muslims to non Muslims is valid.

25

The authority

on this assertion is that Allah says:

Allah forbids you not respecting those who have not fought
against you on account of your religion, and who have not
deriving you out from your homes, that you be kind to them and
deal equitably with them; surely, Allah loves those who are
equitable. (60: 8).
8.

A will is revocable. It may be revoked at any time even during the last illness of
the testator. The revocation may be either expressed or implied. it is expressed
when the testator revokes it in express terms. It is implied when the testator
8

indicates by conduct or subsequent act that he does not intend to maintain the
legacy like addition to the subject of the bequest or extinction of the proprietary
right of the testator. More denial of bequest does not amount to its retraction. If a
testator denies a bequest and the legatee produces witness improve, thereof, the
bequest will be established. If a testator declares the will he has made in favour of a
particular person to be unlawful and usurious this not retraction because its
description has illegal or usurious is a plane proof that it exists, and until the
testators annuals, it will hold good.26
9.

If a testator should desire that execution of his will after his death may be
suspended for sometime, it is not revocation. A bequest to one person is annulled
by a subsequent bequest of the same thing to another person. 27

10.

The testator may appoint any person to carry out the direction of the testator. He
may be a stranger, or relative. The appointment may be for a specific purpose or
may be general. It is the duty of the executor to pay the funeral expenses, the debt
and the legacies and to administer the estate generally. 28

Charitable will
Charitable will supplements Zakat, under a voluntary system, a rich man will contribute
towards the relief of the poor, but there will be no feeling of injustice on the one side or
hostility on the other hand. These will be replaced by benevolence and goodwill. Allah
says:
And spend in the way of Allah and do not expose yourselves to
destruction with your own hands, and do goods to others, surely,
Allah loves the doers of good (2:195).
In this verse God enjoins that those who have surplus means should employ them
in the service of humanity and should thus save themselves from destruction. In other
words, Islam permits the acquisition of wealth through proper means but forbids storing it
up, as this would ultimately lead to revolution and destruction of property. No definite rules
were laid down in respect of voluntary contributions. But if the Muslim community has to provide
food, clothing, shelter, medical relief and means of education for everybody, it must have at its
disposal a huge resources than would have sufficed in the early days of islam. 29

In the early days of Islam, the social and economic teachings of Islam proved fully equal
to the demands made upon it. The Holy prophet, (S.A.W), not only insisted upon simple modes of
living but as soon as Muslims achieved political power, history bears witness that the needs of the
poor were fulfilled from Zakat supplemented by voluntary subscriptions. In this connection the
companions of the Holy prophet used often to make great sacrifices. Abu Bakar on one occasion
contributed the whole of his property and on another Uthman contributed almost the whole of his
belongings, so that in accordance with this teaching the needs of the people were fulfilled
according to the requirements of the age.30
When during the time of the successors of the Holy prophet the boundaries of Islamic state
become wider, the needs of the poor were fulfilled in a more organized manner. In the time of 2 nd
successor of the prophet (S.A.W) Umar regular records were maintained of the whole population
and the necessities of life were provided for everybody according to fixed scales. In this way,
everybody, rich or poor, was adequately provided for, and the means adopted were suited to the
circumstances of those time. 31

Evidently, therefore, the means adopted in the time of the Holy prophet, (S.A.W)
and the scheme put into force by the first four successors to give practical effect to the
Islamic social and economic teachings will not prove adequate today. It is necessary,
therefore, that in this age Islamic teachings should be given a practical shape which,
should succeed in placing sufficient resources in the hands of those responsible for putting
the Islamic principles into force to enable them to bring about conditions of equal
opportunity for all and to provide for the legitimate needs of the people.
In the above quoted Quran (2:195). Muslims were warned that in addition to Zakat
they would have to make other contributions, but the quantum of that contribution and the
form which they were to take was not prescribed. But in view of the tradition of the Holy
prophet on the will such as: Allah gave a favour to you one-third of your property, when
10

you are about to die, as an addition to your good deeds. 32 And the Prophet's advice to
Sad bin AbiWaqqas to bequeath one-tenth of his property in the way of Allah. This is to
say that the Holy prophet asked him to bequeath charitable bequest. Today, he or she that
desires to win the pleasure of Allah must volunteer from 1/10th to 1/3rd of his/her property and
belongings besides Zakat and other voluntary contributions. It had become clear that
government cannot do everything; the government has not succeeded largely in provision
of food, clothing, shelter, medical relief and means of education. Through charitable
bequest the Muslim community can assist the government. And if they are to do so, much
bigger funds are now necessary than was the case in the past. From early Islamic history
we deduced that it was a common practice that revenue generated from a region was
distributed on the welfare sectors and on needy people of the area.
Problems
In Nigeria, everyone who has a Western education or is rich and practices Islam is taken
for an Islamic scholar and he carries himself around and behaves as such. 33 In addition to
this anybody who speaks Arabic a little is considered to be an Islamic scholar; and he
parades himself as such. The real Islamic scholars are hence relegated to the background
because most of them lack Western education which is the real education in the view of
Nigerians. Islamic affairs are therefore run by people who are not experts while experts
remain mere spectators. This is why many blunders are committed by such group in many
administrations of Islamic affairs.
These are some of the problems that actually affected the institution of will in
Islamic law. So, we cannot say that stinginess or greed of our affluent people is responsible
for lack of unpopular institution of the scheme of will. At least most of this category of
people spend lavishly on worldly affairs such as spraying money at parties, fat donations in
political or social functions, and Fidau (which comes up seven days) after the Janazah
(funerals) and many other innovations that crept into the Muslims society nowadays.
Alhaji Bashorun M. K. O. Abiola died without making any charitable Will according to
11

the Islamic law. So, fifteen years after his death, his dream house remains abandoned and it
becomes a shelter for the lunatics. Seun Akioye reports:
It was the perfect retirement house any one can conceive-The
late Moshood Kashimowo Olawale (MKO) Abiola was not an
exception. Located in the choicest area of Abeokuta the Ogun
State capital, the mansion consists of almost forty rooms built
over two floors with helicopter pad. It is complex connection of
stairs linking one room to another and leads to what seems to be
an underground. The house on plot 3 Oba Osile Road, Ibara
Abeokuta was meant to be MKO Abiola's retirement home after
he must have concluded what he thought would be his two terms
of office as president. That dream as well as the construction
work of the house was aborted when the June 12, 1993
presidential annulled. Work on the building died when MKO
died. Ten years after the edifice remains uncompleted.34
The family is not even thinking of completing the house because it is a general
house and everyone has his own projects. So there are many wasted properties of this
nature in the Muslim communities in Nigeria. In Arabic, Ihsan is a favour because in the
lifetime, while hale and healthy one had the privilege to spend his money according to his
free will, but after death he has no concern with his own wealth. This is why Allah allowed
him to spend up to one-third of his wealth near death and make addition to his good deeds.
According to the Muslim, narrated Aisha: a man came to the prophet (S.A.W)
and said:
O Allahs messenger, my mother has died suddenly, and did not
make a will. And I think she would have given out Sadaqa if she
had been able to speak, so will she get a reward if I gave out
Sadaqa on her behalf? The prophet replied yes. 35
We know through this hadith that sons and daughters are allowed and permitted to
give something in charity from the property left as inheritance without a bequest. For
doing so, parents do get the reward for this virtuous deed.
If the Islamic teachings about the will in general and charitable one in particular is
well understood and practiced in order to win the pleasure of God, instead of excessive use
of alcohol at funerals and other occasions, it would afford happiness to the poor, safe
guard the rich and win divine pleasure for them.

12

The funds from the charitable will, beside Zakat and other contribution if devoted
towards securing the welfare of the orphans and needy who do not possess adequate means
of subsistence that would have solved most of the problems we face today in our society.
Since the scheme will not be confined only to one generation. Each succeeding and
subsequent generation is required to make similar sacrifice. The objective of the scheme
which is to win the pleasure of God would apply to the succeeding generations much as
the present one. The second, third, and fourth generation if similarly go on handling over
substantial portions of their wealth to the community, in the course of three or four
generations, the greater part of private property will be placed at the disposal of the
community for the benefit of the public. Assuming that the teachings were to be
understood and spread over the whole of the country, in inevitable consequence of this
system will be that within a few generations, people will have handed over the whole of
their personal property voluntarily and with pleasure to be devoted toward social ends.
Let us illustrate this by a simple example. Assuming that a man decides to
bequeath portion of his property in the way of Allah and he has total amount of property
worthy N300, 000,000.00 (Three Hundred Millions). If the man decided to pay 1/10th (onetenth) of the above mentioned amount to the charitable fund, his contribution will be N30,
000,000.00 (Thirty Millions) N270, 000,000.00 (Two Hundred and Seventy Millions) will
go to his heirs. If in turn his heirs bequeath 1/10th of N270,000,000.00, N27,000,000.00
(Twenty Seven Millions) more will go on their death to the charity funds and
N243,000,000.00 (Two Hundred and Forty Three Millions) will go to their heirs. If they
also bequeath 1/10th of N243, 000,000.00 their contribution to the charity fund will be N24,
300,000.00 (Twenty Four Millions Three Hundred Thousand Naira).
Calculation of charitable realization on 3 generations
= (30m + 27m + 24.3)
Totaling N81, 300,000)
In the course of three generations the greater part of the original N300, 000,000.00
will be transferred to the community fund. Without oppression and bloodshed which have
accompanied the Russia revolution.
Conclusion

13

This paper has attempted to look at the will as a solution to our economic inequality. In
Islamic system of will there is a means of bringing about the desired revolution to our
economic inequality without any bloodshed or disorder on the contrary, poverty and its
evil effects will disappear gradually from our society, goodwill and affection will be
promoted between the classes and, without damaging individual initiative and enterprise,
the greater part of the property of the individuals will be transferred to the charitable fund.
This Islamic solution suggests that the difference in economic status between
people arise from wealth does not indicate that one section is inherently better than the
others. The fact is that by this divergence God desires to put the wealthy class on trial. A
wealthy person who God gives should donate too much to charitable purpose. If he does
not carry out this obligation he will be guilty of stinginess and avarice. The present
condition of Nigeria demands that the rich among us should willingly hand over
substantial portion of their property at least minimum of 1/10% for the service of Islam and
humanity and execute a will to this effect. We acknowledge that we may not be able to
eradicate wants and distress in its totality overnight, but we can at least begin by laying
down the foundations of voluntary charitable will. So while there were rich people, the
way their riches was spent will be in such away that it would not irritate or antagonize the
poor by ignoring their existence or subjecting them to humiliations. A philanthropist, a
virtuous statesman has always existed who had a fellow feeling for the poor and was eager
to do something for them. But the malady was too world-wide and too deep for individual,
isolated, sporadic reform to produce any appreciable lasting effect.
We would like therefore to submit that the willing in Islamic system, is the best
solution to abolish wants and distress by making adequate provision for the needs of all
individuals through the funds of charitable will. An orphan will not have to beg, nor will a
widow have to ask for help neither a needy person suffer from anxiety. The system will
afford security of life and property, class will not contend against class. Consequently rich
men will not be facing armed robbery attacks, because they have done their best to the
community.

14

Notes and References

1. S. Ade Falade, Marriage, Divorces and Inheritance in Nigeria, (Osogbo:

Igbalaiye Printing Machinery Company Limited, 1999) p. 125.
2. Ayatollah Sayyid Kamal Faghih Imani, et.all., An Enlightening
Commentary into the light of the Holy Quran, (Esfihan: Scientific
and Religious Research Center, 1998) Vol. 2.p.73.
3. Cannon, F.W; Division of income. Quoted in Zaid Malik, The Islamic
system of inheritance, in the Review of Religions, Vol. LXXXVII,
No.7, 1992 p.35
4. Zaid Malik, (1992), p.35
5. Macmillan English Dictionary, Second Edition, (Malaysia: Macmillan
Publishers Limited, 2007) p. 1709.
6. Macmillan English Dictionary, p. 125.
7. J. M. Cowan, Dictionary of Modern Written Arabic, (India: Modern
Language Service, 1960) p. 1075.
8. Muhammad Ala-ud-din Haskafi, Dur R-ul-Mukhtar Abdullah
Tamrtashi, English by. M. M. Dayal, (Lahore: Law Publishing
Company n.d), Vol. 2:p.402.
9. Abdur Rahman I. Doi, Shariah the Islamic Law (London: Ta-ha Publisher
Limited, 1989), p. 328.
10. Ayatullah Sayyid Kamal Faghih Imani, p. 73.
11. Zahid Malik, The Islamic System of Inheritance, in the Review of
Religious: Vol. LXXXVII, No. 7, July, 1992 London. United
Kingdom. p.25.
12. Sheikh Khalil Bin Ishak, Mukhtasar Khalil, Translated to English by:
F.H. Ruxton, (London, n.d), p. 317.
13. Al-Hafidh Ibn Hajar Al. Asqalani, Bulugh Al-Maram, (Riyadh: Darus
Salem Publication, 1996), p. 341.
14. Al-Bukhari, Muhammad bin Ismail, Sahih Al-Bukhair, (Beirut: Dar AlArabia Publishing, Printing and Distribution, 1981), vol. 4. p.1.
15

15. An-Nasai, Abu Abdur-Rahman Ahmad bin Shuaib, Sunan An-Nasai

(Istanbul: Al Maktabah al-Islami Muhammad Ozadimir, 1981),
Vol.6, p. 203.
16. Ashawkani, Muhammad bin 'Ali, Nail al-Awtar (Cairo: Maktaba Dar
turath, n.d) vol. VI, p.37
17. Maulana Muhammad Ali, The Religion of Islam, (Lahore: The
Ahmadiyya Anjuman Isha'at Islam, 1973) p. 585
18. Muhammad Ala-ud-din Haskafi (n.d) pp.402-403
19. Abdur Rahman I.Doi (1989) p.332
20. Mirza Bashir-ud-din Mahmood Ahmad, Commentary of the Holy Quran
(London: Islam International Publication Limited, 1988), Vol. 1,
p. 234.
21. Ayatollah Kamal Faghih Imani p. 73.
22. Zahid Malik, The Islamic System of Inheritance,in the Review of
Religions, Vol. LXXXVII, No. 8 and 9 August-September, 1992,
(London U.K), p. 27.
23. Mirza Bashir-ud-din Mahmood Ahmad, Commentary of the Holy Quran
Vol. 1, p. 310.
24. Muhammad Ala-ud-din Haskafi, pp. 403-404.
25. Al-Mirghinani, Ali, bin Abi Bakar, Al-Hidaya Sharihu Bidayatul Mubtadi
(Beirut-Lebanon: Dar ihyau Al-Turath Al-Arabi, 1995) Vol. IV,
p. 514.
26. Al-mirghinani (1995), p. 517.
27. Al-mirghinani (1995), p. 517.
28. Sayed Athar Husain, Muslim personal law an exposition (Lucknow:
Nadwa press, 1989), p. 136
29. Mirza Bashir-ud-din Mahmood Ahmad, The New World Order of Islam,
p. 101.
30. Mirza Bashir-ud-din Mahmood Ahmad, The New World Order of Islam,
(Lahore:Nawa-i-Waqt Printers Ltd, 1969), pp. 95-96.

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31. Hassan Ibrahim Hassan, Tarikh Al-Islam, (Beirut: Dar Al-Jeel, 2001), p.
203.
32. Al-Asqalani, p. 340.
33. Iysa Ade Bello, The Institution of Zakat and its Administration in
Nigeria: problems and prospects, in Amidu Sanni, An
Unfamiliar household, (Bariga Lagos: Debo prints, 2003) pp.5334. Seun Akioye, "15 years after, Abiola's dream house stays abandoned,"
Nigerian Compass, 1 (16):24-25.
35. Al-Asqalani, p. 340.

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55.