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Encyclopedia of Religion entry for

Executor

. Arabic Wasi , a term also used for the testator; wakil ‘ala ‘l wasiyah . An executor having accepted his appointment in the presence of the testator, is not afterwards at liberty to withdraw, and any act indicative of his having accepted the position of executor binds him to fulfil his duties.

A Muslim may not appoint a slave, or a reprobate (fasiq) or an infidel as his executor, and in the event of his doing so, the Qazi must nominate a proper substitute. But if none of the testator ‘s heirs have attained their majority, a slave may be appointed as executor until they are of age.

If joint executors have been appointed andone of them die, the Qazi must appoint a substitute in office.

In the cases of infants or absent heirs the executor is entitled to possess himself pro tem, of their property, but he cannot trade with his ward ‘s portion.

If a person die without appointing an executor, the next of kin administers the estate, and it is an arrangement of Muslim law that his father is his executor and not his eldest son. (Hidayah, vol iv p 554.)

citations: Dictionary of Islam, Hughes

 

article created 2006-04-12 , last updated 2006-04-12





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