Inheritance in Islam
By Dr. Abdul Karim
Islamic economic system is primarily based on justice. It discourages concentration of wealth in a few hands and provides for its diffusion. It prohibits accumulation of wealth by dishonest and devious means. the lawfully acquired wealth is to be used for the benefit of the widest possible circle.
The system of inheritance is an important mechanism and is unique in the range of beneficiaries to include even uncles, aunts, and, in some cases, even living grand parents. Islam encourages to give something even to non-heirs. It ensures that the corpus is not unnecessarily reduced to the disadvantage of the heirs.
Before the advent of Islam, women suffered tremendously and one of the injustices was denial of any share in inheritance of their parents. One such incident was the occasion (shan-i-nazool) for the revelation of Quranic teachings about inheritance.
Jabir bin Abdullah reports, "Sa'd bin Rabee's wife took along with her two daughters to the Holy Prophet and said, 'These are two daughters of S'ad bin Rabee who was with you in the battle of Uhd and was martyred.
Their uncle has taken away all the property, not leaving anything for them. They cannot be married without wealth.' The Holy Prophet (PBUH) said, 'Allah will decide this matter.'
Thus were revealed the Quranic verses about inheritance and he directed their uncle to give to the girls two-thirds and their mother one-eight and to keep the rest.
The Quran says, "For men is a share of that which parents and near relations leave; and for women is a share of that which the parents and near relatives leave, whether it be little or much - a determined share.
And when other relations and orphans and the poor are present at the division of heritage, give them something therefrom and speak to them with word of kindness. And let those fear God, who, if they should leave behind their own weak offspring, would be anxious for them.
Let them, therefore, fear Allah and let them say the right word. Surely, they who devour the property of orphans unjustly only swallow fire into their bellies, and they shall burn in a blazing fire.
"Allah commands you concerning your children; a male shall have as much as the share of two females; but if there are females only, numbering more than two, then they shall have two-thirds of what the deceased leaves; and if there be one, she shall have the half.
And his parents shall have each of them a sixth of the inheritance, if he has a child; but if has no child and his parents be his heirs, then his mother shall have a third; and if he has brothers and sisters, then his mother shall have a sixth, after the payment of any bequests he may have bequeathed, or of debt.
" This fixing of portions is from Allah. Surely, Allah is All-Knowing, Wise. And you shall have half of that which your wives leave, if they have no child; but if they have a child, then you shall have a fourth of that which they leave, after the payment of any bequests they may have bequeathed, or of debt.
And they shall have a fourth of that which you leave after the payment of any bequests that you may have bequeathed, or of debt. And if there be a man or a woman whose heritage is to be divided and he or she has neither parent nor child, and he or she has a brother or a sister, then each of them shall have a sixth.
But if they be more than that, then they shall be equal sharers in one-third, after the payment of any bequests, which they may have bequeathed, or of debt, without prejudice to the debt. This is an injunction from Allah, and Allah is All-Knowing, Forbearing.
"These are the limits set by Allah; and whoso obeys Allah and His Messenger, He will make him enter Gardens through which streams flow; therein shall they abide; and that is a great triumph. And whoso disobeys Allah and His Messenger, and transgresses His limits, He will make him enter into Fire; therein shall he abide; and he shall have a humiliating punishment." (4:8-15)
"They ask thee for instructions. Say, 'Allah gives His instructions concerning "Kalala.' If a man dies leaving no child and he has a sister, then she shall have half of what he leaves; and he shall inherit her if she has no child.
But if there be two sisters, then they shall have two-thirds of what he leaves. And if the heirs be brethren - both men and women - then the male shall have as much as the portion of two females. Allah explains this to you lest you go astray, and Allah knows all things well." (4:177).
"It is prescribed for you, when death comes to any one of you, if he leaves much wealth, that he make a will to parents and near relatives to act with fairness; it is an obligation on those who fear God.
And he who alters it after he has heard it, the sin thereof shall surely lie on those who alter it. Surely, Allah is All-Hearing, All-Knowing. But whoso apprehends a partiality or a wrong, and makes peace between them, it shall be no sin for him. Surely, Allah is Most Forgiving, Merciful." (2:181-3).
Who can understand the Quran as much as the Holy Prophet (PBUH)? Abu Umama Al-Bahili reports, "I heard Allah's Messenger say during the course of his sermon in the year of the farewell pilgrimage; 'Verily Allah has granted every one who has a right what is due to him. So there can be no will in favour of a heir." "Give equal treatment to your children. Give equal treatment to your sons."
The Holy Prophet has forbidden gift to a heir by a person in his life time, as this would deprive other heirs. Nau'man ibn Bashir relates his father took him to the Holy Prophet and said, "I have gifted one of my slaves to this son of mine."
He inquired, "Have you made a similar gift to every one of your children'? He said, "No." The Holy Prophet said, "Then take the gift back." One version is that he said, "Be mindful of your obligation to Allah and do justice between your children."
Another version is that he asked Bashir if he had other children beside that one. As he answered in the affirmative, he first asked whether he had given the gift to all of them.
Hearing "No" from him, the Holy Prophet said, "Do not make me a witness, for I will not be witness to a wrong. Would you desire that they should behave equally well towards you?" As Bashir said, "Certainly," the Holy Prophet said, "Then why do not you?" According to another Hadith, the Holy Prophet inquired from Nau'man himself about the slave and directed him to return the slave.
Sa'ad ibn abi Waqas, a fabulously rich companion relates that once he fell seriously ill and when the Holy Prophet came to enquire after his health, he said, "Messenger of Allah, you see how it is with me. I am a man of means and my sole heir is my daughter.
May I give away two-thirds of my property in charity?" The Holy Prophet said, "No" "Then half of it, Messenger of Allah." He said, "No' "Well one-third, Messenger of Allah."
He said, "One-third, and one-third is ample. It is better you should leave your children in easy circumstances rather than in want, reduced to soliciting alms from others."
This set the outside limit for gifts by way of will for non-heir or any other purpose however noble it may be like charity. Hazrat Abu Bakr (RA) was of the view that this should be less than the prescribed outside limit and preferred one-fifth.
He said, "I like one-fifth more than one-fourth and one-fourth more than one-third. Whoso wills one-third, he does not leave any thing for the heirs" "One-fifth is normal, one-fourth is hardship and one-third is permitted by the court."