Surah Al-Baqarah, Ayah 181

Including Parents and Relatives in the Will was later abrogated

This Ayah contains the command to include parents and relatives in the will, which was obligatory, according to the most correct view, before the Ayah about inheritance was revealed. When the Ayah of inheritance was revealed, this Ayah was abrogated, so fixed shares of the inheritance for deserving recipients were legislated by Allah. Therefore, deserving inheritors take their fixed inheritance without the need to be included in the will or to be reminded of the favor of the inherited person. For this reason we see the Hadith narrated in the Sunan and other books that `Amr bin Kharijah said: I heard Allah's Messenger ﷺ saying in a speech:

The Qur'anic view of making will وصیّت

Literally, al-wasiyyah الوَصِیّہ means an order to do something, either in the lifetime of the maker of wasiyyah or after his death. But, in commonly accepted usage, it refers to what must be done after death. It can be translated as the will or bequest.

Out of the many meanings the word خیر khayr has in Arabic, 'wealth' happens to be one of them, for instance, in the verse وَإِنَّهُ لِحُبِّ الْخَيْرِ‌ لَشَدِيدٌ (Surely he is passionate in his love for good things) where, according to the unanimous agreement of commentators, خیر 'khayr' means 'wealth'.

In early Islam, when shares in inheritance: were not fixed by the Shari'ah, the rule was that a dying person could make a will within the one third of inheritance, leaving behind in the name of his parents and relatives in whatever proportion he chose. This much was their right; the rest went to children. This injunction appears here in this verse.

Islam has laid down the principle of retaliation in like measure (qisas). For example, ‘an eye for an eye and a tooth for a tooth’. Retribution for a killer means the forfeiture of his own life. In this way, on the one hand, a capital crime like the taking of life is effectively discouraged, for the fear of losing one’s own life deters one from taking another’s life and, as a result, the life of all the members of a society become protected. The killing of the killer guarantees the saving of lives in a society. Thus the objective of qisas is the protection of the members of society, and not revenge. Moreover, the vengeful feelings of the family of the murdered person are cooled, thus obviating the possibility of any further injurious activity. However, qisas in Islam permits a settlement to be arrived at between the killer and the killed. The heirs of the deceased person may, of course, opt for the execution of the killer, but they may also, if they so wish, accept blood-money instead, or even forgive him. The main aim of these alternatives is to guarantee the prevalence of brotherly feeling in Islamic society, and to prevent an atmosphere of rivalry taking root. Then the principle of blood-money has the special advantage of giving the bereaved family monetary compensation for the death of one of its members.