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Nuzriah means making nazar. Nazar is a vow made to perform certain actions if certain conditions are met.
Nuzriah contextually means a nazar made by someone to give part or all of his wealth before his death to another party.
In Islam, making nazar is basically permissible. However it becomes compulsory if it would save a person’s life. It can also be haram if it endangers the life of others or to cause injustice to others.
The same applies to nuzriah. If by making nuzriah one will do injustice to his legal beneficiaries, either by making them receive less than what they deserved or preventive them from receiving anything from his wealth after his death, the act would be haram. However, if the nuzriah is made to ensure the well-being of those under his charge so that there is no injustice towards them, then it is permissible to made the nuzriah.
Someone who makes nuzriah will undoubtedly reduce the amount received by his legal beneficiaries from his estate. If he makes that nuzriah with the intention to do injustice to his legal beneficiaries, then it is haram and forbidden in Islam. Allah says in surah Al-Baqarah, verse 279: Deal not unjustly and you shall not be dealt with unjustly.
For example: making a nuzriah to give all of one’s wealth to his wife with the intention of preventing his disobedient and disrespectful child from receiving anything is considered haram in Islam.
On the other hand, making a nuzriah to ensure the well-being of another party after a person’s death is permissible in Islam. For example: someone who makes nuzriah to give his house to his wife with the intention that the house will not be sold and distributed among his legal beneficiaries. This will ensure that his wife will still have a house after his death. The nuzriah is permissible in Islam. However, his other estates or wealth should be distributed among his legal beneficiaries according to the law of faraidh.
Nuzriah can only be valid in Islam if it satisfies these conditions:
It is witnessed by two male Muslims who are adil1 and not fasiq2. Specifying a fixed period before the death so that the nuzriah can be implemented. Usually the period is three days before death. The nuzriah is made when the person is in sound mind and health and not suffering from fatal disease. Attached is the sample of the nuzuriah statement.
One can seek legal assistance from lawyers to strengthen the nuzriah legally. Or he can make Statutory Declaration for the nuzriah.
A nuzriah made will be automatically implemented when the time specified in the nuzriah statement is reached. For those who wants to invalidate his nuzriah before reaching the time specified in the nuzriah statement, he must pay the penalty according to the following:
To provide food for 10 poor people with the type of foods that he usually consume
Clothe 10 poor people
Fast for three days (if all the three things mentioned above cannot be fulfilled)
For those who have made the Statutory Declaration or have obtained legal validity from their lawyers, then the necessary legal actions have to be taken to invalidate the nuzriah.
1One who does not commit major sins, nor repeat small sins. " "
2One who commits a major sin, or repeats small sins. " "