Inheritance in Islam (III)

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

The Holy Qur’an, At-Tawbah, 9:127-129, says, “Whenever there cometh down a Sura, they look at each other, (saying), ‘Doth anyone see you?’ Then they turn aside: God hath turned their hearts (from the light); for they are a people that understand not. Now hath come unto you an Apostle from amongst yourselves: it grieves him that ye should perish: Ardently anxious is he over you: to the believers is he most kind and merciful. But if they turn away. Say: ‘God sufficeth me: There is not god but He: On Him is my trust, — He the Lord of the Throne (of Glory) Supreme!”

Furthermore, on the conditions of Islamic inheritance is thirdly, all distribution takes place after legacies and debts (including funeral expenses) have first been paid.

Fourthly, Islamic inheritance stipulates that those legacies cannot be left to any of the heirs included in the scheme of distribution or it will amount to upsetting the shares and undue preference of one heir to another. Thus, any of the beneficiaries in a will cannot be part of the sharing process.

Fifthly, generally, but not always, the male takes a share double that of a female in his own category. The variations in shares have more to do with degrees of family relation, and the number of inheritors, rather than a simple male vs. female bias. The verse that stipulates “a share for a male equal to that of two females” applies only to when children are inheriting from their deceased parents. In other circumstances (for example, parents inheriting from a deceased child), the shares are equally divided between males and females (Qur’an 4:11).

Sixthly, it is also important to note that under the principles of inheritance in Islam, a non-Muslim cannot inherit the property of a Muslim, whether father, a mother or a child or relative. And no Muslim will inherit the property of a non-Muslim.

Seventhly, the “fixed heirs” in Islamic inheritance are close family members, including husband, wife, son, daughter, father, mother, grandfather, grandmother, full brother, full sister and half-siblings.

Eighthly, a person found guilty of homicide (whether intentional or unintentional) will not inherit from the victim’s property. This is meant to discourage people from committing crimes in order to benefit financially.

Two sharers of the estates are to be appointed by us when death approaches, to handle the sharing of the estates in our absence. The Holy Qur’an, Al-Ma’idah, 5:106-108, says, “O ye who believe! When death approaches any of you (take) witnesses among yourselves when making bequests, two just men of your own (brotherhood) or others from outside if ye are journeying through the earth and the chance of death befalls you (thus). If ye doubt (their truth), detain them both after prayer and let them both swear by God: ‘We wish not in this for any worldly gain even though the (beneficiary) be our near relation: we shall hide not the evidence before God: if we do then behold! The sin be upon us’.  But if it gets known that these two were guilty of the sin (of perjury). Let two others stand forth in their places nearest in kin from among those who claim a lawful right: let them swear by God: ‘We affirm that our witness is truer than that of those two and that we have not trespassed (beyond the truth): if we did behold! The wrong be upon us!’ That is most suitable; that they may give the evidence in its true nature and shape or else they would fear that other oaths would be taken after their oaths. But fear God and listen (to His counsel): for God guideth not a rebellious people”.

On the arrangements for the widows being left behind by a deceased in case of inheritance, the Holy Qur’an, Baqarah, 2:240-242, specifies, “Those of you who die and leave widows should bequeath for their widows a year’s maintenance and residence; but if they leave (the residence) there is no blame on you for what they do with themselves provided it is reasonable and God is Exalted in Power, Wise. For divorced women, maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous. Thus, doth God make clear His Signs to you in order that ye may understand”.

Now that we have considered the eight principles guiding inheritance in Islam, it is pertinent to highlight the legitimate heirs to the property of a deceased Muslim. It is also crucial to note the specific share of the respective heirs in the estate of a deceased faithful.

Islam, the religion of yesterday, today, and tomorrow that will continue to be relevant forever with its teachings, has actually specified the principles of inheritance to be early burial of a deceased Muslim in a simple and modest manner; and consideration of one-third testamentary disposition in the will to an indigent outside the legitimate heirs. The Holy Qur’an, An-Nisaa, 4:33, says, “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”.

Others are payment of legacies and debts, including burial expenses, before any distribution: non-involvement of any legitimate heir in the scheme of distribution; a Muslim inheriting only a Muslim; and of course, the principle of a male having double share of a female in the same category. The Holy Qur’an, An-Nisaa, 4:11, affirms, “Allah (thus) directs you as regards your children’s (inheritance): to the male a portion equal to that of two females: if only daughters two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by God and God is All-Knowing All-Wise”.

But the legitimate heirs to the estate of a deceased Muslim include the father, mother, grandfather, grandmother, and so on, if they are still alive. We also have the male and female children of the deceased and the grandchildren and the great grandchildren. The brothers and sisters of the deceased are not required to inherit where the children are in place. And of course, we have brothers, sisters, wife, and slaves who have a fair share of inheritance. Meanwhile, children born without legitimate marriage are regarded as bastards or illegitimate in Islam and are not entitled to any inheritance.

However, Islam specifies definite portion of the property of a deceased Muslim to the heirs, as the case may be, into half, one-third, one-quarter, one-sixth, one-eighth, and two-third of the whole estate (Qur’an 4:11-12). The Holy Qur’an, 4:176, says, “They ask thee for a legal decision. Say: God directs (thus) about those who leave no descendants or ascendants as heirs. If it is a man that dies leaving a sister but no child, she shall have half the inheritance: if (such a deceased was) a woman who left no child her brother takes her inheritance; if there are two sisters, they shall have two-thirds of the inheritance (between them); if there are brothers and sisters (they share), the male having twice the share of the female. Thus, doth God make clear to you (His law) lest ye err. And God hath knowledge of all things”.

And those who are disposing the estate among the heirs are warned by Allah to handle the affair with caution and fear. They are in fact enjoined to be helpful, show kindness and speak words of comfort to bring succour and relief to the minds of the bereaved family. The Holy Qur’an, 4:9, notes, “Let those (disposing of an estate) have the same fear in their minds as they would have for their own if they had left a helpless family behind. Let them fear God and speak words of appropriate (comfort)”.

May Almighty Allah guide us aright in the handling of the inheritance of the Muslim ummah in obedience to the dictates of Allah. Ameen.