حقوق اللہ اور حقوق العباد میں وصیّت کا شرعی حکم : ایک علمی اور تحقیقی جائزہ

The human being is surrounded by hopes and love of wealth which causes him many disadvantages (mistakes) in financial worship in life. The sharia allowed him to compensate for these mistakes done, through the WILL in one third of the wealth, if he dies in this situation his WILL be executed to achieve the eternal/ everlasting goals, and if he remains alive then this property/ wealth can be used for gains. Though people need the WILL as they need lease, so as an ISTEHSAN like lease WILL is valid. According to analogy WILL is not valid because the testator makes a testament in favour of legatee after his death when ownership no longer exist. Here the testator makes testament in future while according to SHARIA law if a person is in ownership and wants to make an owner subject to the future and say that I made you proprietor in future, this is invalid. Despite the fact that ownership exists and continue to be so, but the transaction is void and invalid, so when the ownership of the testator dose not exists, then such WILL is almost void as the pre-requisite of ownership is questionable, but due to the urgency and need of the day the WILL has been made valid according to ISTEHSAN.