Inheritance in Islam

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

The Holy Qur’an, At-Tawbah, 9:23-24 declares, “O ye who believe! Take not for protectors your fathers and your brothers if they love Infidelity above faith: If any of you do so, they do wrong. Say: ‘If it be that your fathers, your sons, your brothers, your mates, or your kindred; the wealth that ye have gained; the commerce in which ye fear a decline; or the dwellings in which ye delight— are dearer to you than God, or His apostle, or the striving in His cause; —then wait until God brings about His decision: and God guides not the rebellious”.

One of the issues that are causing disaffection, enmity, hatred, and even disintegration in our society today is inheritance. This issue of sharing the estate or property of a deceased man among his or her children, parents, and relatives is indeed an endemic problem that has torn apart a great number of families.

Many individuals have resorted to devilish acts in order to outwit others in the struggle for greater shares of the property of the deceased. In fact, some resort to the use of charms, and even go to the extent of shedding blood over inheritance. And thousands of litigations abounded in our courts over disputes among members of the same family on inheritance. The list of iniquities on inheritance is endless.

What of the case of the executors of wills and testaments (wasaya) that have continued to unjustly cart away the property of orphans left by their parents? Indeed, most of the executors, as if death will not come their way very soon, eat up fire into their bodies as they take over the property of orphans with impunity (Qur’an 4:10).

The Holy Qur’an, An-Nisa, 4:9-10, attests, “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). Those who unjustly eat up the property of orphans eat up a fire into their own bodies: they will soon be enduring a blazing fire!”

And perhaps we are in the evening of time as predicted by the Prophet Muhammad (SAW) in an authentic Hadith that by such a time, the knowledge of Islamic inheritance will be taken away from the land, whereby a fraction of the scholars will have the genuine knowledge of proper sharing of estates as stipulated in the Sharia.

Today, we live in a world of ignorance whereby most scholars in Islam are ignorant about the knowledge of Islamic inheritance. And the few that are knowledgeable about it lack the fear of Allah (taqwa) to execute the will of the dead based on Islamic law. They actually lack the will, the zeal, the forthrightness and sense of responsibility to share property of dead Muslims based on the dictates of Islam. They have refused to remind the people that man cannot dispose his affairs by himself, and therefore cannot dispose his property in a will, whether oral or written, except as laid down by Allah (SWT). They have refused to preach to people that Allah is the disposer of Affairs (Al-wakil) (Qur’an 3:173; 4:8; 81:11-12) and Director to the right way (AR-Rashid) (Qur’an 72:2), who will not be partial as the Creator that does not have any special interest.

The Holy Qur’an, Al-Imran, 3:173, says, “Men said to them: ‘A great army is gathering against you’: and frightened them: but it (only) increased their faith. They said: ‘For us God sufficeth and He is the best disposer of affairs’. And Qur’an, Jinn, 72:1-2 affirms that Say: ‘It has been revealed to me that a company of Jinns listened (to the Qur’an). They said, ‘We have really heard a wonderful recital! It gives guidance to the right, and we have believed therein: We shall not join (in worship) any (gods) with our Lord.’”

They have refused to ring it in the ears of the faithful that the traditional ways of inheritance in various cultures and manmade laws are outlawed by Islamic code of inheritance. And that whoever refuses to allow his inheritance to be shared in the Islamic way has Allah’s punishment awaiting him or her. The Holy Qur’an, An-Nisaa, 4:7-14, says, “From what is left by parents and those nearest related, there is a share for men and a share for women whether the property be small or large. But if at the time of division, other relatives of orphans or the poor are present, feed them out of the (property) and speak to them words of kindness and justice. 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). Those who unjustly eat up the property of orphans eat up a fire into their own bodies: they will soon be enduring a blazing fire! 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. In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus, is it ordained by God and God is All-Knowing Most Forbearing. Those are limits set by God: those who obey God and His Apostle will be admitted to Gardens with rivers flowing beneath to abide therein (forever) and that will be the Supreme achievement. But those who disobey God and His Apostle and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment”.

Meanwhile, the principles of the inheritance law are laid down in broad outlines in the Holy Qur’an. And the precise details have been worked out on the basis of the practices, i.e., the Sunnah of the Holy Prophet Muhammad (SAW) and that of his companions, and by interpretation of the ulama (ijma), and by analogical reasoning as applied to the deduction of juridical principles from the Qurʾan and the Sunnah (qiyas).

Muslim jurists have actually collected a vast amount of learning on this subject, and this body of law is enough by itself to form the subject of life, long study.

May Almighty Allah guide us aright in the sharing of estates of the dead as stipulated in the Holy Qur’an. Ameen.