Question

The limit of testamentary power by Muslim is:

A 1/8 Correct Answer Incorrect Answer
B 1/3 Correct Answer Incorrect Answer
C 1/5 Correct Answer Incorrect Answer
D None of the above Correct Answer Incorrect Answer

Solution

In Islamic law, testamentary power is the right of a Muslim to dispose of their property and assets through a will or testamentary instrument, subject to certain limitations. One of the main limitations on this power is the requirement to follow the rules of inheritance outlined in the Quran. The Quran specifies that after the payment of funeral expenses and debts, the deceased's property should be distributed among their heirs according to a fixed formula. The exact shares to be distributed to each heir depend on their relationship to the deceased and are calculated using a system known as "faraid." However, the Quran also allows a Muslim to distribute up to one-third of their property through a will to non-heirs or to heirs in proportions that differ from those prescribed by faraid. This is known as the "wasiyyah" or bequest. Therefore, the correct answer to the given MCQ is (B) 1/3, as this is the maximum limit of testamentary power that a Muslim can exercise under Islamic law.

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