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Inheritance

by | Jun 6, 2021

The laws that discuss inheritance are very, very, very specific in Islam. Many verses in the Quran and Hadith discuss this topic. It is a set practice that has to deal with fractions, kinship, and faith. There are a library of books on this subject, in Arabic and all languages. One that is well written in English is The laws of Inheritance in Islam by Sohail S. Hussaini.

If we summarize the rules of inheritance in its simplest form, only Muslims can inherit Muslims. A Muslim cannot inherit a non-Muslim and vice versa. One is not free to do as one desires with what one leaves behind. Whether you liked or disliked a next of kin more than another does not count in dividing the inheritance. Yet, one is allowed to dispose of one-third of one’s wealth (without leaving it to an inheritor). One can give it to charity, to a person that is dear, to be used as funds for orphans; as long as it does not go against the will of Allah.

However, it is not these aspects that upset critics (often, these aspects are never even mentioned), it is the fact that a woman inherits half of what the man inherits.

They request from you a [legal] ruling. Say, ” Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].” If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.

Surah Al-Nisa (4 – 176)

This is fact, but in context. The man inherits twice as much as the woman if both are of the same level; meaning, brother and sister, father and mother… However, the children (including daughters) of a deceased person would inherit, while the deceased person’s brother would not. A deceased person with no parents would leave an inheritance for his sister and daughter, but not for his cousins. Therefore, there are multiple contexts where a woman would inherit more than a man. But if they are of the same level; the man inherits twice the share of the woman.

Let’s look at things in an Islamic context. The responsibility and burden of providing for one’s family are put on the shoulders of the man. Therefore, his monetary obligations are already superior to the ones of the woman. Secondly, a man is not free to spend his money lawfully as he wishes (due to his obligations); while the woman is. A man that has a sister that is not yet married, or parents that are not able to sustain for themselves, is obligated to aid them; while the woman is not. A man is obligated to use his inheritance to meet the immediate needs of his family; while the woman is not. If the inheritance is money, land, or property; the woman has her claim to all just like the man. However, I don’t see anyone (Muslim or not) gathering to protest these obligations and restraints put on Muslim men… Why? The long and short of it, just as the end of the Ayat goes:

“And Allah is Knowing of all things”

Is there Anything Bad in the Quran? – Existential Questions

Is there Anything Bad in the Quran? – Existential Questions

When I mean bad, I mean something that everyone will agree to as fundamentally wrong. I don’t mean what is acceptable to modern standards, but fundamentally evil. Not only there is no evil within what is ordained, but it can only be depicted as righteous and good when looked at as a whole. Here are some Islamic principles that are listed in the Quran:

Say, “Come, I will recite what your Lord has prohibited to you. [He commands] that you not associate anything with Him, and to parents, good treatment, and do not kill your children out of poverty; We will provide for you and them. And do not approach immoralities – what is apparent of them and what is concealed. And do not kill the soul which Allah has forbidden [to be killed] except by [legal] right. This has He instructed you that you may use reason.”

And do not approach the orphan’s property except in a way that is best until he reaches maturity. And give full measure and weight in justice. We do not charge any soul except [with that within] its capacity. And when you testify, be just, even if [it concerns] a near relative. And the covenant of Allah fulfill. This has He instructed you that you may remember.

And, [moreover], this is My path, which is straight, so follow it; and do not follow [other] ways, for you will be separated from His way. This has He instructed you that you may become righteous.

Surah Al-Anam (6 – 151-153)

Indeed, Allah orders justice and good conduct and giving to relatives and forbids immorality and bad conduct and oppression. He admonishes you that perhaps you will be reminded.

Surah An-Nahl (16 – 90)

And your Lord has decreed that you not worship except Him, and to parents, good treatment. Whether one or both of them reach old age [while] with you, say not to them [so much as], “uff,” and do not repel them but speak to them a noble word.

And lower to them the wing of humility out of mercy and say, “My Lord, have mercy upon them as they brought me up [when I was] small.”

Your Lord is most knowing of what is within yourselves. If you should be righteous [in intention] – then indeed He is ever, to the often returning [to Him], Forgiving.

And give the relative his right, and [also] the poor and the traveler, and do not spend wastefully.

Indeed, the wasteful are brothers of the devils, and ever has Satan been to his Lord ungrateful.

And if you [must] turn away from the needy awaiting mercy from your Lord which you expect, then speak to them a gentle word.

And do not make your hand [as] chained to your neck or extend it completely and [thereby] become blamed and insolvent.

Indeed, your Lord extends provision for whom He wills and restricts [it]. Indeed He is ever, concerning His servants, Acquainted and Seeing.

And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin.

And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.

And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly – We have given his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law].

And do not approach the property of an orphan, except in the way that is best, until he reaches maturity. And fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.

And give full measure when you measure, and weigh with an even balance. That is the best [way] and best in result.

And do not pursue that of which you have no knowledge. Indeed, the hearing, the sight and the heart – about all those [one] will be questioned.

And do not walk upon the earth exultantly. Indeed, you will never tear the earth [apart], and you will never reach the mountains in height.

All that – its evil is ever, in the sight of your Lord, detested.

That is from what your Lord has revealed to you, [O Muhammad], of wisdom. And, [O mankind], do not make [as equal] with Allah another deity, lest you be thrown into Hell, blamed and banished.

Surah Al-Isra (17 – 23-39)

Most of the accusations come from people who do not agree with the standard of morality or virtue that is ordained in Islam. For instance, the Hijab for women; not being allowed to have a sip of wine or not even having a girlfriend… These practices have become customary in “modern” civilizations, yet they are considered illicit in Islam. Society is always faced with dumbing down standards and laws to curtail the desires of the majority. But the fundamental question remains; what makes it right now but made it wrong before (and vice versa)? This type of thinking induces decadence. Virtues and morals become trivial, unattainable utopias, unrealistic… mockeries.

This was the same discourse used by the people of Lot thousands of years ago when they wanted him and his family out of their city.

But the answer of his people was only that they said, “Evict them from your city! Indeed, they are men who keep themselves pure.”

Surah Al-Aaraf (7 – 82)

Wow! Accused of being too pure… It’s like someone who says: “Ah! He gets on my nerves because he is too polite.” or: “look at her; she thinks she is so superior! She doesn’t even want to dress like us.” and the classic: “Look at that geek; he thinks that his A+ is going to stop him from that face pounding.” What is it that makes that person’s conduct wrong in the first place; what did he do to deserve this reprimand? Is it high self-esteem (or lack of it)? Is it because a person is different (where his difference is not accepted)? Is it because of jealousy (or more likely envy)?

It is sad to see that we have reached a point where righteous conduct is ridiculed and marginalized. Someone who gives his seat on the bus is looked at awkwardly; a student who says Mam and Sir is called a suck-up; a 16-year-old virgin is made fun of. But, as we have seen, this attitude has been present for millennia, all depending on the context and stage in which a society is to be found.

But in the end…

And it will be said to those who feared Allah, “What did your Lord send down?” They will say, “[That which is] good.” For those who do good in this world is good; and the home of the Hereafter is better. And how excellent is the home of the righteous –

Surah An-Nahl (16 – 30)

Faith

the process of belief