Examine the validity of a Will made by a Muslim after he has taken poison or done any act towards the commission of suicide. What is the difference between Sunni and Shia law on the subject? Explain the reason for such divergence in their views.

Question: Examine the validity of a Will made by a Muslim after he has taken poison or done any act towards the commission of suicide. What is the difference between Sunni and Shia law on the subject? Explain the reason for such divergence in their views. [BJS 1980]

Find the question and answer of Muslim Law only on Legal Bites. [Examine the validity of a Will made by a Muslim after he has taken poison or done any act towards the commission of suicide. What is the difference between Sunni and Shia law on the subject? Explain the reason for such divergence in their views.]

Answer

For a will to be valid in Mulsim Law, the following conditions are to be satisfied:

1. Capacity/Competence of Testator;

2. Competence of Legatee;

3. Subject Matter;

4. Testamentary Capacity.

In regards to the capacity of the Testator, according to Muslim Law, a testator or legator has to fulfil the following conditions:

• age of majority,
• the validity of gifts made by guardians,
• the validity of a person who has attempted suicide and soundness of mind.
  

A will by the testator who later commits suicide is invalid. On the other hand, a will by the testator, when written or declared in all senses, who later commits suicide is valid.

If a will is executed by a person who has attempted to commit suicide, this sort of will is pondered as void under the Shia regulation. The good judgment behind this rule is that if a person has attempted suicide, he can't be held in his everyday country of thoughts instead, he is assumed to be mentally volatile and disturbed. But, under Sunni law, a will performed on such occasions is completely legitimate.

The Will of a person committing suicide is valid under Sunni Law while under Shia Law, a will made by a person who has done any act towards the commission of suicide is not valid, but if the will is made before the doing of any act towards the commission of suicide, it is valid.

In Mazhar Husen v. Bodha Bibi, 21 All 91, it was held that when the deceased first made his will and afterwards took poison, the will would be considered a valid one. In this case, it was reiterated by the Hon'ble Court that under the Shia law, a Will made by a person, who has been administered with poison, or, has injured himself so as to commit suicide, is said to be invalid. But a Will made by a person, who after making the Will tries or commits suicide is said to have formed a valid Will.

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