PROBATE IN THE SHARIA BY M.TAIWO ABDULRASAK

In the demise of a person who owns proprietry right to an estate,  the law proffers  certain procedures are required to be followed  in   executing and administering assets, property,  money,  and possession. 

Probate is a formal legal process of dealing with a testator's (deceased) will,  property,  asset,  or money to be allocated to rightful beneficiaries. It is carried out to have the available wealth appropriately distributed.

The Islamic law administers probate in a level-headed peculiarity for the deceased,   recognising and distributing property in an equiped procedure.

The world is in need of justice, to acheive a meritorious, and exquisite structure where every persons best cognizance is serve in every ramification. The Shari'ah provides for an unequivalent prupose in this facet.

The benefits to be acquired,  and the loss to be suffered hitherto has without exception always been for the beneficiaries. Protection has been provided by the Shari'ah for persons in this regard to allow the total advatage of comprehensive benefit as thetical.

In common law, provisons are made for probate using the will of the testor which might not always be justified or equitable, and through the appointment of an executor by the court.  Probate policies,  and legislations guiding them differ with diverse legal sytem practiced around the world by several countries. The Kuwaity sytem is clearly not similar to the Portugese system.

Probate is normaly administered by a person verst in the area  of jurispudence (fiqh) of inheritance,  estate distribution and execution (professional). An intellectual in wealth and asset value,  analysis,  and dispensation in good faith. 

Before assets or value could be disposed to any person(male/female), categoriacal criteria has to be fufilled to grant an individual the ticket of a beneficiary, such as the requirement of affinity, requirement of a debt ceeditor and it's likes.

The world economy demands an according framework,  that puts every person in a social and economically secure position,  an arrant look into the Shar'iah probate arrangement provides this triumph irrespective of what country it chooses to be practised in.

Finally, it's trite that the English common law provides for administration of probate for the deceased,  it should be of a greatly commendable realization to practice,  promote and expound the Islamic probate practices for a well organised and economically favourable legal system .

M.Taiwo Abdulrasak can be reached via:

E -mail: Majiidah2@gmail.com

Whatsapp: 081758864262