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Quran 4:12 – Caution Of Injustice To The Legator When He Has Complete Autonomy
Kindly clarify the meaning of “without harm ˹to the heirs˺” as mentioned in Surah Nisa, Ayat 12 at the end of the testamentary laws of succession and mirath distribution.
I would like to know that since Ghamidi sahab decries any bar to the ability of a testator to make a will (unconditional capacity), what then, is meant by Qur’an when it says “after the fulfillment of bequests and debts without harming the heirs” at the end of the ayah.
Personally, I do recognize the folly in restricting 1/3rd for bequests but I also fail to understand the right of unconditional capacity to will to the testator i.e. what if the testator wills away every single penny and property that he/she owned to charity without considerations of lawful heirs? Will then the lawful heirs spend their lives in penury while a third party is enriched at their expense? This seems to be against the spirit of justice that was illustrated in the hadith of the Prophet concerning Ibn Waqqas (I do concede that the hadith cannot impose any restriction)
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5 Replies
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Quran 4:12 – Caution Of Injustice To The Legator When He Has Complete Autonomy
updated 1 week, 1 day ago
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Kindly answer.
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We will request Dr. Irfan Shahzad Sahab ( @Irfan76 ) to share his insight whenever he gets a chance.
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Since the testator has full authority to dispose of their entire estate through a will, therefore, they are cautioned against causing harm to their heirs; otherwise, this caution would be unnecessary.
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So it must be an advisory injunction, rather than active hurmat?
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The entire address is to the individuals, not to the society, which allows society (court) to impose its writ, therefore, it is an advisory injunction.
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