Understanding Wasiyyah in Islam

The meaning of Wasiyyah:
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The literal meaning of Wasiyyah is “to join” because through it, some matters of life are joined with some matters after death, and the testator has also joined some of his dispositions that were permissible during his life so that they continue even after life.
In the terminology of the jurists, the meaning of Wasiyyah is: “To command that a specific portion of the estate be spent after death (on a person or place).” Or in other words, it is “to make a voluntary disposition through property after death.”
See: Qur’an wa Hadith ki Roshni mein Fiqhi Ahkam wa Masail / Warasat ke Masail / Volume: 02 / Page: 168

The rulings of Wasiyyah:
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The legitimacy of Wasiyyah is established from the Book of Allah, the Sunnah of the Messenger of Allah (peace be upon him), and consensus. Thus, Allah Almighty says:
﴿ كُتِبَ عَلَيكُم إِذا حَضَرَ أَحَدَكُمُ المَوتُ إِن تَرَكَ خَيرًا الوَصِيَّةُ لِلو‌ٰلِدَينِ وَالأَقرَبينَ بِالمَعروفِ حَقًّا عَلَى المُتَّقينَ ﴿١٨٠﴾… سورة البقرة
“It has been prescribed for you that when death approaches one of you and he leaves behind wealth, he should make a bequest for parents and near relatives in a fair manner. This is a duty upon the righteous.”
He also said:
﴿مِن بَعدِ وَصِيَّةٍ يوصىٰ بِها أَو دَينٍ… ﴿١٢﴾… سورة النساء
“(This division) shall be after the execution of any bequest he may have made or the payment of debts.”
There is consensus among the scholars of the Ummah on the permissibility of Wasiyyah.
Making a Wasiyyah is sometimes obligatory and sometimes recommended. The detail of this generality is that it is obligatory to make a Wasiyyah regarding every right that one owes to people or that people owe to him, meaning there are transactions with them and there is no proof regarding them. In such rights, making a Wasiyyah is necessary so that they are not wasted. The Messenger of Allah (peace be upon him) said:
“مَا حَقُّ امْرِئٍ مُسْلِمٍ ، لَهُ شَيْءٌ يُوصَى فِيهِ ، يَبِيتُ لَيْلَتَيْنِ إِلَّا وَوَصِيَّتُهُ عِنْدَهُ مَكْتُوبَةٌ “
“It is not right for a Muslim who has something to bequeath to spend two nights without having his Wasiyyah written with him.”
[Sahih al-Bukhari, al-Wasaya, Bab al-Wasaya, Hadith 2738; Sahih Muslim, al-Wasiyyah, Bab Wasiyyah al-Rajul Maktubah ‘Indah, Hadith: 1627.]
Therefore, if he has people’s trusts with him or he has to pay their rights, then it is obligatory upon him to write them and clarify them.
And the recommended Wasiyyah is that a person bequeaths a specific portion of his wealth to be spent in some good deed so that he continues to receive reward after death. On such occasions, Islamic Shariah has permitted making a Wasiyyah up to a maximum of one-third of the wealth. And this is entirely the kindness of Allah Almighty so that a person can gather as many good deeds as possible.
See: Qur’an wa Hadith ki Roshni mein Fiqhi Ahkam wa Masail / Warasat ke Masail / Volume: 02 / Page: 168
Wasiyyah is not an obligatory matter but a recommended one; if one wishes to make a Wasiyyah regarding something, he can do so, as narrated by Ibn ‘Umar (may Allah be pleased with him) from the Prophet (peace be upon him) in the Sahihayn:
((ما حق امرىء مسلم ، له شئء يريد أن يوصي فيه ، يبيت ليلتين، إلا ووصيته مكتوبة عنده)) ( صحيح البخاري)
“It is not right for a Muslim man who has something he wishes to bequeath to spend two nights without his Wasiyyah being written with him.”
A person’s Wasiyyah has two conditions:

• If the Wasiyyah does not contradict the Shariah, then fulfilling such a Wasiyyah is recommended.
• If the Wasiyyah promotes shirk, innovation, or any kind of harm and is against the command of Shariah, then such a Wasiyyah will not be acted upon. For example, if someone bequeaths that my body should be placed in a wooden coffin and buried in the grave, this Wasiyyah is against the Sunnah, so it is not obligatory to follow. The Messenger of Allah (peace be upon him) declared some wrong bequests null and void that involved injustice and violation of rights. Thus, in a hadith it is mentioned that:
  “An Ansari’s entire property consisted of six slaves; he freed them through his Wasiyyah. After his death and burial, his heirs came to the Messenger of Allah (peace be upon him) and informed him of the reality. He spoke harshly about the deceased, then nullified his Wasiyyah, drew lots regarding the six slaves, freed one-third, i.e., two slaves, and handed over the remaining four to the heirs to compensate for their loss.”
  (Sahih Muslim / al-Iman / No: 1668)
  Mufti Abdul Sattar al-Hammad (may Allah preserve him) states on page 286 in Fatawa As-hab al-Hadith:
  In other narrations, there is also clarification of the severe statement regarding this.
  Thus, he (peace be upon him) said:
  “If we had known about his action beforehand, we would not have prayed his funeral prayer.”
  (Musnad Imam Ahmad: Vol. 4, p. 443)
  Rather, in one narration it is:
  “We would not have buried him in the Muslims’ graveyard.”
  (Sunan Abi Dawud: al-‘Itq 3958)
  As for if a person bequeaths his place of burial, he should certainly be asked what the purpose of selecting that place is. Lest there be some grave there that invites to shirk where shirk is committed with Allah Almighty, prostrations are made to the buried one, and filthy acts of seeking relief from difficulties and fulfillment of needs from the buried one are performed; in that case, the Wasiyyah will not be acted upon, and considering his Wasiyyah invalid, he will be buried in the Muslims’ graveyard.
  And as for the connection of reward and virtue to the testator (the one making the Wasiyyah) due to the Wasiyyah, it depends on the intention of his Wasiyyah. Allah Almighty is All-Powerful and Knower of every open and hidden thing; He knows best what the testator’s intention is. If a person loves a righteous pious buried person and, out of love, wishes that his grave be next to that righteous person’s grave, then indeed Allah Almighty is capable of giving reward in exchange for his love. Or such a Wasiyyah where the testator’s intention is that comfort reaches Allah’s servants and I receive reward, then insha’Allah, in a permissible manner, Allah Almighty will give him reward and virtue. And if the Wasiyyah involves violation of someone’s right, injustice, and is non-Shariah, then the accountability in the Hereafter can put him in loss. Therefore, it is necessary to rectify an impermissible Wasiyyah.
  It is in the Holy Qur’an:
  ﴿فَمَن خافَ مِن موصٍ جَنَفًا أَو إِثمًا فَأَصلَحَ بَينَهُم فَلا إِثمَ عَلَيهِ ۚ إِنَّ اللَّهَ غَفورٌ‌ رَ‌حيمٌ
  ﴿١٨٢﴾… سورة البقرة
  “So whoever fears from the testator [some] injustice or sin and then makes settlement between them, there is no sin upon him. Indeed, Allah is Forgiving and Merciful.”