Inheritance in Islam (II)

IN the name of Allah, Most Gracious, Most Merciful.

The Holy Qur’an Baqarah 2:284-286 says, “To God belongeth all that is in the heavens and on earth. Whether ye show what is in your minds or conceal it God calleth you to account for it. He forgiveth whom He pleaseth and punisheth whom He pleaseth. For God hath power over all things.  The Apostle believeth in what hath been revealed to him from his Lord as do the men of faith. Each one (of them) believeth in God, His angels, His books and His Apostles. We make no distinction (they say) between one and another of His Apostles. And they say: ‘We hear and we obey; (We seek) Thy forgiveness, Our Lord and to Thee is the end of all journeys’. On no soul doth God place a burden greater than it can bear. It gets every good that it earns and it suffers every ill that it earns. (Pray): ‘Our Lord! Condemn us not if we forget or fall into error; our Lord! Lay not on us a burden like that which Thou didst lay on those before us; our Lord! Lay not on us a burden greater than we have strength to bear. Blot out our sins and grant us forgiveness. Have mercy on us. Thou art our Protector; help us against those who stand against faith.’”

It is important to emphasise that wealth belongs to Almighty Allah. We as owners of wealth in this world are trustees, and we should expend the wealth to make the world better and to assist people around us to make them happy. The Holy Qur’an 57:7 attests, “Believe in God and His Apostle, and spend (in charity) out of the (substance) whereof He has made you heirs. For, those of you who believe and spend (in charity), —for them is a great reward”.

More so, we should use our wealth to attain Paradise hereafter. The Qur’an 57:20 says, “Know ye (all), that the life of this world is but play and amusement, pomp and mutual boasting and multiplying, (in rivalry) among yourselves, riches and children. Here is a similitude: How rain and the growth which it brings forth, delight (the hearts of) the tillers; soon it withers; thou wilt see it grow yellow; then it becomes dry and crumbles away. But in the hereafter is a penalty severe (for the devotees of wrong). And forgiveness from God and (His) good pleasure (for the devotees of God). And what is the life of this world, but goods and chattels of deception?”

Since material wealth is only of benefit to us in this world, because we can’t bring it with us to Paradise, the whole wealth will be bequeathed to our heirs as a form of inheritance (Qur’an 26:88).

In fact, God declares that the wealth in this world belongs to Him for the poor and the wayfarer. The Holy Qur’an 59:7-8 emphasises, “What God has bestowed on His Apostle (and taken away) from the people of the townships, belongs to God, to His Apostle and to kindred and orphans, the needy and the wayfarer; in order that it may not (merely) make a circuit between the wealth among you. So, take what the Apostle assigns to you, and deny yourselves that which he withholds from you. And fear God; for God is strict in punishment”. (Some part is due) to the indigent Muhajirs, those who were expelled from their homes and their property, while seeking grace from God and (His) good pleasure, and aiding God and His Apostle. Such are indeed the sincere ones”.

Indeed, Almighty Allah declares in Holy Qur’an, An-Nisaa, 4:33 on Islamic inheritance: “To (benefit) everyone, We have appointed sharers and heirs to property left by parents and relatives. To those also to whom your right hand was pledged, give their due portion for truly God is witness to all things”.

 

Meanwhile, the Islamic form of inheritance is based on some broad principles. Firstly, the deceased must be a Muslim who should be buried according to Islamic dictates within 24 hours. The simple and modest burial stipulated by Islam may be carried out from the estate of the deceased. But there is nothing bad to carry out the burial from the donation of a volunteer.

Secondly, the power of testamentary disposition extends over only one-third of the property, while the remaining two-thirds are distributed among heirs of the deceased as laid down in the Holy Qur’an. This provision for wills and testaments (wasaya) in Islam is not the same thing as we understand it today under common law, whereby the testator would have, verbally or in a written will, specified definite shares of his property to his heirs. As no one can ever be equable in such a distribution, Almighty Allah has provided definite shares for heirs of a deceased with a standard formula in the Holy Qur’an. The best will therefore today be to indicate that the property should be shared according to Islamic injunction.

The Holy Qur’an, Ma’idah, 5:49-50, affirms, “And this (He commands): judge thou between them by what God hath revealed and follow not their vein desires but beware of them lest they beguile thee from any of that (teaching) which God hath sent down to thee. And if they turn away, be assured that for some of their crimes it is God’s purpose to punish them. And truly most men are rebellious. Do they then seek after a judgment of (the Days of) Ignorance? But who, for a people whose faith is assured, can give better judgment than God?”

However, the provision of definite portion or fund of testamentary power to one-third does not abrogate the provision of will in Islam. The Holy Qur’an, Baqarah, 2:180-182 specifies, “It is prescribed when death approaches any of you, if he leaves any goods that he makes a bequest to parents and next of kin according to reasonable usage; this is due from the God-fearing. If anyone changes the bequest after hearing it, the guilt shall be on those who make the change. For God hears and knows all things. But if anyone fears partiality or wrong-doing on the part of the testator and makes peace between (the parties concerned), there is no wrong in him; for God is Oft-Forgiving, Most Merciful”.

It is considered by Islam that there may be among the kith and kin of the testator that he might wish to be taken care of for special reasons out of the bona fide heir. Such may include an orphan; grandson in the presence of surviving sons; who would not inherit under the intestate scheme. There may also be outsiders for whom the testator may wish to provide, and jurists have held that he has powers of disposition of one-third of his property.

But he must not be partial to one heir at the expense of another, or attempt to defeat lawful creditors. If he tries to do this those who are witnesses to his oral disposition may interfere in two ways. They may persuade the testator to change his bequest before he dies.

The other way would be after death, to get the interested parties together and ask them to agree to a more equitable arrangement. In such a case, they are acting in good faith and there is no fraud. Islam approves of every lawful device for keeping brethren at peace without litigation and quarrels. Except for this, the changing of the provisions of a will is a crime, as it is under all laws.

There is an authentic Hadith in Sahih Al-Bukhari narrated by Sa’d bin Abu Waqqas that on one-third of a testator could only be bequeathed to anybody outside the legitimate heirs. The Holy Prophet Muhammad (SAW) stressed that “it is better to leave one’s inheritors wealthy than leave them poor, begging for livelihood. The writing of a will is recommended in Islam”.

Besides, the Holy Prophet Muhammad (SAW) once said: “It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a will” (Sahih Bukhari). It is recommended for Muslims to consider long-term, ongoing acts of charity throughout their lives, not just waiting until the end to distribute whatever money may be available.

The Prophet Muhammad was once asked, “Which charity is the most superior in reward?” He replied: “The charity which you give out while you are healthy and are afraid of poverty and wish to become wealthy. Do not delay it to the time of approaching death and then say, ‘Give so much to so-and-so, and so much to so-and-so’”.

There is no need to wait until the end of one’s life before distributing wealth for charitable causes, to friends or relatives. During your lifetime, your wealth may be spent however you see fit. It is only after death, in the will, that the amount is capped at 1/3 of the estate in order to protect the rights of legitimate heirs.

May Allah grant us the will, the fear of Him and contentment to exhibit civility and decency in the sharing of the property of deceased persons. Ameen.