INHERITANCE
Islamic Legitimacy is the only
one to establish a discipline for inheritance that is suitable to all times and
places and leads to the diffusion of wealth and circulation of it between the
dead’s relatives.
After stability of Islam, it
approved bequest for a while, then it was abrogated by the two verses about
inheritance which Allah has sent in Chapter of Women.
●Jabir ibn Abd-Allah reported: “I
fell sick, and the Messenger of Allah and Abu Bakr came to me on foot to visit
me. I fainted. He (the Holy Prophet) performed ablution and poured his ablution
water over me,so I became conscious. I said: ‘O Messenger of Allah, How should
I decide about my wealth?’ He gave me no reply till the verse about inheritance
was revealed: ﴾They ask you
for a legal opinion. Say: Allah directs you about those who leave no
descendants or ascendants as heirs﴿”. [Agreed upon].
●And it has been said that the
cause of revelation of the verses about inheritance is that the wife of Saᶦd
ibn AL-Rabiᶦ came to the Messenger of Allah and said: “O Messenger of Allah,
these are the two daughters of Saᶦd ibn AL-Rabiᶦ who fought along with you on
the day of ᶦUhud and was martyred. Their paternal uncle has taken their wealth,
without leaving any wealth for them, and they will not be married unless they have wealth.” He said: “Allah will decide on that matter.” Then, the verse of inheritance was revealed (verses 11 and 12 in Chapter of Women).
¨In pre-Islamic
ignorance, they used to bequest a wealth to only men and adults.
Indeed, a
woman was considered as a part of the inheritance given to who wants to inherit
her.
Ibn ᶦAbbas reported: If a man
died, his relatives used to have the right to inherit his wife, and one of them
could marry her if he wished, or they could marry her to somebody else or
prevent her from marriage if they wished, for they had more right to her than
her own relatives.
Therefore, this verse was revealed: ﴾O you who believe, you are forbidden to inherit women against
their will, and you should not treat them with harshness that you may take back
part of the dower (Mahr) you have given them﴿Chapter of Women.
Some societies used to bequest
the wealth to the eldest son and give him the right to dispose in it.
Nowadays, non-Islamic societies
depend on the dead’s will, which may be unfair, to distribute his wealth.
Inheritance legitimacy:
●It was narrated
from Abi-Hurairah that the Messenger of Allah (P.P.B.U.H) said, “O Abu-Hurairah, learn about the inheritance and teach it, for
it is half of knowledge, but it will be forgotten. This is the first thing that
will be taken away from my nation.”
●It was narrated
from Ibn ᶦAbbas that the Prophet said, “Give
AL-Faraᶦid (the shares of the inheritance that are prescribed in the
Qurᶦan) to those who are entitled to
receive them, and whatever is left should be given to the closest male relative
of the deceased.” [AL-Bukhari].
Note that:
Once a person dies, none of his
heirs has a right to benefit from his estate alone. Also, none of them is
allowed to delay delivering it to the other heirs, because if he did so, he
would consume it falsely. God says ﴾And you consume inheritance, devouring [it] altogether (19) And you love
wealth with immense love (20)﴿Chapter of Dawn (Surat AL Fajr).
¨It is a Sunnah to
help the poor who have no share in the inheritance.
God says ﴾And when [other] relatives and orphans and the needy
are present at the [time of] division, then provide for them [something] out of the estate and speak to them
words of appropriate kindness﴿Chapter of Women.
Verse NO 8
Causes of inheritance in Islam
1) Marriage: One of the two spouses inherits the
other when their marriage contract is true.
2) Lineage: It is the relationship and the
kinship, according to which parents and children (ascendants and descendants)
can inherit their dead relative’s estate.
¨Foster relationship is not a cause of inheritance.
Inheritance
rules:
❶If a dead female had all her male relatives alive (her husband, son,
father, brother, and uncle), only three of them would inherit her wealth.
□Her husband would inherit one quarter of her wealth.
□Her father would inherit one sixth.
□Her son would inherit the remaining portion.
❷If a dead male had all his female relatives alive (his
wife, daughter, mother, sister, and son’s daughter), they all would inherit as
following:
□His son’s daughter would inherit one sixth.
□His wife would inherit one eighth.
□His daughter would inherit one half.
□His mother would inherit one sixth.
□His sister would inherit the remaining portion.
❸If the heir was only one male, he would inherit all of
the estate, except if he was her husband or her half-brother (her brother from
her mother only).
❹If the heir was only one female, she would not inherit
all of the estate.
❺Three males inherit the estate, but their sisters do
not inherit it:
□Paternal uncles, but paternal aunts do not.
□Sons of paternal uncles, but daughters of paternal
uncles do not.
□Sons of brother, but daughters of brother do not.
❻Three do not
inherit:
1)
A murderer (intentionally or by error).
2) An apostate from
Islam.
3)
An heir belongs to a different religion.
●It was narrated from ᶦUsamah ibn Zayd that the Prophet (P.P.B.U.H) said, “A Muslim does not inherit from a disbeliever and a
disbeliever does not inherit from a Muslim.”
[Muslim].
●And in AL-Bukhari, “A
believer does not inherit from an infidel, and an infidel does not inherit from
a believer.”
There are
two types of heirs:
a) Those who
inherit according to laws of inheritance. They take their prescribed
shares as one half, one quarter, etc.
b)
Those who inherit by agnation. They take the remaining portion of the estate
after those who inherit according
to laws of inheritance take their prescribed shares.
Cases of omission from inheritance
①The
grandmother is omitted when the mother is alive, and the grandfather is omitted
when the father is alive.
②The
half-brother (the brother from the mother only) is omitted when one of the
following is alive: The son, the son of the son (the grandson), the father, and
the grandfather.
③The
half-brother (the brother from the father only) is omitted when one of the
following is alive:
The son, the son of
the son (the grandson), the father, and the brother.
④The brother
is omitted when one of the following is alive:
The son, the son of
the son (the grandson), and the father.
¨Those who are not omitted from
inheritance: the husband or the wife, the son, the
daughter, the father, and the mother.
Shares of
inheritance:
[1] The Half. It is the share of the following:
□The daughter
when she is the only heir.
□The daughter of the son when she is the only heir.
□The sister
when she is the only heir.
□The
half-sister (the sister from the father only) when she is the only heir.
□The husband
when his dead wife does not have a daughter, a son, or a son of her son.
[2] The Quarter. It is the share of the following:
□The husband,
when his dead wife has a son, a daughter, or a son of her son (either they are
from him or from another husband).
□The wife or
the wives, on condition that there is no son, or son of a son (grandson).
[3] The Eighth. It is the share of the wife or all the wives when there is a son or a son
of a son.
[4] The Third. It is the share of the following:
□The mother,
when her dead son does not have a son or a son of a son and does not have
brothers or sisters.
□Two or more
brothers or sisters from the mother.
[5] The Two Thirds. It is the share of the following:
□Two
daughters or more.
□The daughters of the son when the
dead has no daughters.
□ Two or more
half sisters (sisters from the father only), when there are no sisters.
[6] The Sixth. It is the share of the following:
□The mother,
when there is a daughter, a son, or a son of the son.
□The father,
when there is a daughter, a son, or a son of the son.
□Two or more
brothers or sisters.
□The
grandmother.
□The grandfather.
□One brother
from the mother.
□The daughter of the son if her paternal aunt is alive.
□The sister
from the father when there is a sister.
Verses about inheritance in Chapter of Women
﴾Allah instructs you concerning your
children: for the male, what is equal to the share of two females. But if there
are [only] daughters,
two or more, for them is two thirds of one’s estate. And if there is only one,
for her is half. And for one’s parents, to each one of them is a sixth of his
estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother
is one third. And if he had brothers [or sisters], for his mother is a sixth, after any
bequest he [may have] made or debt. Your parents or your children- you know not
which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever
Knowing and Wise﴿
Chapter of Women.
Verse NO 11
﴾And for you is half of what your wives
leave if they have no child. But if they have a child, for you is one fourth of
what they leave, after any bequest they [may have] made or debt. And for the wives is one
fourth if you leave no child. But if you leave a child, then for them is an
eighth of what you leave, after any bequest you [may have] made or debt﴿Chapter of Women.
As for lack
of parents or children (AL-Kalalah):
God says ﴾And if a man or woman
leaves neither ascendants nor descendants but has a brother or a sister, then
for each of them is a sixth. But if they are more than two, they share a third,
after any bequest which was made or debt, as long as there is no detriment [caused] [This is] an ordinance from Allah, and Allah is
Knowing and Forbearing﴿Chapter of Women. Verse NO 12
¨Then the provision in the previous verse has been abrogated in the last
verse of Chapter of Women
﴾They ask you for a legal opinion. Say:
“Allah directs you about those who leave no descendants or 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﴿
Chapter of Women.
Verse NO 176
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Bequest
At the beginning of Islam, it was a duty upon the dead to bequeath all his wealth to his parents and relatives. Then, the duty of bequest has been abrogated by the verse of inheritance and it has become recommended to bequeath one third or less of the estate to any person other than heirs.
God says ﴾Prescribed for you when death approaches [any] one of you if he leaves
wealth [is that he should make] a bequest for the parents and near relatives according to what is
acceptable- a duty upon the righteous﴿Chapter of the
Heifer. Verse NO 180
− A bequest is applied on the day
of death, and it is disliked when its value is more than third of the estate,
except if the heirs agree to that.
●Saᶦd ibn Abi Waqqas reported:
The Messenger of Allah visited me in my illness which became severe in the year
of farewell pilgrimage. I said, “O Messenger of Allah, you see how sick I am. I
have much property but have no heir except my only daughter. May I give two
thirds of my property in charity?” He said, “No.” I said, “Half of it?” He said, “No.” I said: “One third?” He said, “One third, and one third is a lot, for to leave your heirs rich is better than to leave them poor, begging of others.” [Agreed upon].
¨It should be noted that Saᶦd ibn Abi Waqqas lived afterwards
and led Muslim armies to victory in the Battle of Qadisiyyah to conquer Iraq in
15 A.H.
●Abu-Hurairah
reported: I heard the Messenger of Allah say: “Allah has given every person who has rights his due, and
there is no bequest to an heir.”
A person to whom a part of
the wealth is bequeathed must be: Muslim, adult, and rational.
A bequest can be for a legitimate purpose or in the way of Allah. But
it is prohibited to make a bequest to places of entertainment or disobedience
or to non-Muslims.
Difference between a gift and a bequest
Some people confuse a gift with a bequest, but the difference between
them is that:
A bequest: is applied only after the death of the
person who has made it.
A gift: is applied in the lifetime of the donor of it.
¨Sometimes someone makes a bequest to one of his close relatives by a mock
contract, i.e., he sells him one of his properties without taking money.
Afterwards, he dies and his heirs are surprised that they will be deprived of
this property, then hate spreads between them and this close relative. This
manipulation is absolutely prohibited.
But he is allowed to distribute a part of his wealth equally between
his children in his lifetime and let the remaining portion of his wealth be
distributed after his death according to Islamic inheritance laws.
An example of a gift
●Nuᶦman ibn Basheer (May Allah be pleased
with him) reported: My father donated to me some of his property. My mother ᶦAmra bint Rawaha said: “I shall not
be pleased (with this act) until you
And in another narration the Prophet said, “Then do not ask me to bear witness, for
I will not bear witness to unfairness.”
●Abu-Hurairah reported: A person came to
the Apostle of Allah (P.P.B.U.H) and said: “O Messenger of Allah, which alms is
the greatest in reward?” He said, “The alms which you give while you are
healthy, miser, afraid of poverty, and still hoping to live (as rich). Do not
delay it to the time when you are about to die and then say, ‘This is for so
and so, and this is for so and so.’ And it has already belonged to so and so (as it is too late).” [The Two Scholars].
