Will the same rules as apply to the Bahishti Maqbarah, Rabwah, apply to local Maqbarah Musian? –
- Yes, the same rules and regulations apply to any Maqbarah Musian as do to Bahishti Maqbarah. As written in the regulations, a Musi’s Hissa Āmad must be paid before the burial, though exception can be made in case of Hissa Jaidad. If a Musi’s Hissa Jaidad has not been paid, burial can go ahead if a reliable person guarantees its payment. At the time of a Musi’s death, it is essential to acquire all the accounts relating to the Musi’s Hissa Āmad and Hissa Jaidad, and to receive the dues accordingly.
- Cemeteries for Musis located in other countries cannot be given the name of Bahishti Maqbarah. They will be called Maqbarah Musian.
- The National Amir will be the President of the committee that runs the affairs of the Maqbarah Musian, and the National Secretary Wasaya will be its Secretary. The National Finance Secretary and Missionary In Charge will also be members of the Committee. The total number of members should be from five to seven. The quorum will consist of three members. This committee will continuously motivate members in their countries to make Wasiyyat. It will also be responsible for tasks related to burial of Musis as well as Maqbarah Musian.
In view of a country’s circumstances, is it possible for the Committee responsible for burial to fix a sum, to be received from Musi’s heirs, for the care of Cemetery since ordinary cemeteries also charge some amount for the burial? –
If such a necessity does arise in a country, the Committee should present its specific recommendations to Markaz through the National Amir. Markaz will then deliberate upon the matter and reach a decision.
Is there any justification for extracting expenses for burial from a Musi’s property? –
Since the time of the Promised Messiah as, the Musi makes the following affirmation in the first clause of the Wasiyyat Form.
“That after my death, my body should be sent to Bahishti Maqbarah, Qadian for burial. — If I have not paid the expenses for conveying my body to Qadian to Sadr Anjuman Ahmadiyya before my death, then these expenses shall be paid from the property I leave behind. But these expenses will not affect Hissa Jaidad which, according to this Wasiyyat, I submit to Sadr Anjuman Ahmadiyya.”
When Hadrat Khalifatul Masih IV rh was asked the same Question, he said:
“Musis should continue to make the same affirmation which was made by Musis at the time of the Promised Messiah as. There is no need whatsoever to change it.”
What is the minimum age to write the Will (Wasiyyat)? –
An Ahmadi who has attained the age of majority (which is generally of 15 years) shall be competent to make Wasiyyat. However when the legal age of majority differs from the age of majority prescribed by Shari’ah the Wasiyyat shall be renewed after the attainment of majority according to law of the land. (Wasiyyat Rule #20)
At the time of filing for Wasiyyat, if a Musi does not have any income then can he still do Wasiyyat? If yes what would be his Chanda? –
If at the time of filing for Wasiyyat someone has neither property nor any income, then such a person is not required to make a Will (Wasiyyat). However, in case one has reasonable property but does not have independent source of income (e.g., married housewives) they will fix a sum so arrived at on the basis of their living standard to be considered as their pocket money and pay Chanda accordingly. Minimum standard of income (also known as ‘pocket money’ for non-earning members, including housewives/homemakers) fixed by Markaz for the UK Jama’at is £180 per annum. This rule will not apply to students.
If a person has, for whatever reason, obtained remission in Chanda Ām, is he eligible to make Wasiyyat later on? –
If a person had at one time asked Hadrat Khalifatul Masih for remission in Chanda Ām due to some compulsion, and later started paying Chanda Ām regularly, there is no rule which hinders such a person from making Wasiyyat.
Is it permissible to make Wasiyyat while one is under debt? –
If an aspiring Musi fulfils all the conditions including those relating to income and property, he cannot be stopped from making Wasiyyat. Debt or loan is no hindrance in the way of Wasiyyat, for debt does not count while a person is alive. But it is important to analyze the circumstances of the person in debt. If he has made some new property by acquiring loan, and that property is producing an income, or if he has started a business with a loan and is receiving profit from it, in such a case he can make Wasiyyat. But if there is a member who has no source of income, nor any property, and he is permanently dependent upon loan for subsistence, then it is not obligatory upon him to make Wasiyyat.
How much is the Chanda Ai‘lan-e-Wasiyyat (publication of Wasiyyat)? –
There is no specified amount for Chanda Ai‘lan-e-Wasiyyat. It varies depending on the circumstances of a country. Amir/President of every country will recommend to Markaz and get permission.
How much is Chanda Shart-e-Awwal or subscription dues under First Condition? –
The guiding principle in this regard is that the aspiring Musi should pay this Chanda in view of his own capacity, so that the requirements of running and maintaining the cemetery can be met. The aspiring Musi should, therefore, pay this Chanda in keeping with his income, assets and the requirements of the Maqbarah Musian.
What is the definition of Tarka, and what items does it constitute? –
All moveable and immovable property of a Musi at the time of his death shall be considered as his Tarka. A Musi’s house, land, jewellery, cash, bonds, shares, etc., shall all be part of his Tarka. In short, all items which are divided between heirs shall be considered as Musi’s Tarka. Essential items of everyday use shall, however, be considered as exception when paying Hissa Jaidad.
What will happen in case one Wasiyyat (Will) has been made under Nizam-e-Jama‘at and another made at local level? –
Every Musi is fully bound by the Wasiyyat which he has made under Nizam-e-Jama‘at, and this Wasiyyat shall be effective according to its text. The reason why Wasiyyat under Nizam-e- Jama‘at is required from a Musi is that it shall be his final Wasiyyat (Will). After this he cannot make any other will which can in any way affect his Wasiyyat made under Nizam-e-Jama’at. Any will made locally shall, therefore, not be in conflict with the Wasiyyat made under Nizam-e-Jama‘at. In the local will, the portion which has been assigned to Sadr Anjuman Ahmadiyya should be shown as a debt.
