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Hausa
Intending to make a bequest without putting it in writing it and without witnesses
Question
A person wanted to give another a portion of his land as a reward. They were about to put it in writing but the addressee refused to have it written down. Is this considered a bequest?
Answer
The mere desire and intention that do not form a contract whether it is a bequest, sale, endowment or the like, is of no consequence. This is because a contract is created either verbally or in writing when a contractual intention exists.
The ruling
Based on the above, the desire of the offerer to allocate part of his land to the addressee is not a bequest—it is nothing more than a wish that does not constitute a legal contract, a contract recognized by Islamic law, a bequest, or anything of the sort.
Based on the above, the desire of the offerer to allocate part of his land to the addressee is not a bequest—it is nothing more than a wish that does not constitute a legal contract, a contract recognized by Islamic law, a bequest, or anything of the sort.
Allah the Almighty knows best.
