Shortly after burial of the deceased, financial obligations must be fulfilled. Starting with funeral expenses, payment of debts, then execution of his/ her bequest, and finally comes the time for distributing inheritance according to Islamic Sharia amongst heirs. This was given in a clear and precise detailed way and in the most just and merciful manner, which its application is made mandatory by Allah in Islamic society.
Money in Islam:
Wealth concentration is fought by Islamic Sharia in numerous ways; for example, giving charity, Zakah (obligatory alms), Hibah (giving money as a gift) and inheritance which provides redistribution of wealth, and consolidates family and community ties.
Wealth in Islam is both a blessing and a trial (responsibility). Allah entrusts us( humans) with wealth, and commands that we use it well in his obedience, as we all are accountable for it (how it was earned and how it was spent) on the Day of Judgment. The Prophet Muhammad (PBUH) has said:
Man’s feet will not move on the Day of Resurrection before he is asked about his life, how did he consume it, his knowledge, what did he do with it, his wealth, how did he earn it and how did he dispose of it, and about his body, how did he wear it out.” [At-Tirmidhi]
Taking into consideration the state of women in pre-Islamic era, and that only the male agnates (Asaba) were entitled to inherit, the Sunni Muslim jurists take the view that the goal of the Quranic injunctions was not to completely replace the old customary agnatic system entirely, but merely to modify it with the objective of improving the position of female relatives by safeguarding their social and economic interest.
The divine Islamic justness of the laws of inheritance have been highly appreciated by many non-Muslim scholars such as Professor Almaric Rumsey (1825-1899) of King’s College, London, the author of many works on the subject of the Muslim law of inheritance and a barrister-at-law, who stated that the Muslim law of inheritance, “comprises beyond question the most refined and elaborate system of rules for the devolution of property that is known to the civilized world.” In fact, non-Muslims residing in Muslim countries almost always choose Islamic Inheritance laws when it comes to distributing the wealth of their dead (they have the right to choose between the laws of their own religion and Islamic laws).
Islamic ruling on Inheritance:
Application of Islamic inheritance laws is made “mandatory” by Allah in Islamic societies. According to Quran, Allah (SWT) says:
For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much – an obligatory share.” Qur’an(4:7)
There are three verses in Quran in Surat An-Nisaa’ (chapter 4) giving detailed accounts of the rights of inheritors which are applied by Muslim jurists [the verses are Qur’an(4:11-12) and Qur’an(4:176)].
Moreover, according to Hadith: as narrated by Ibn ‘Abbas, the Prophet (PBUH) in relation to inheritance has said:
Give the Fara’id (the shares of the inheritance that are prescribed in the Qur’an) to those who are entitled to receive it; and whatever is left should be given to the closest male relative of the deceased.” [Al Bukhari]
Islamic main rules of Inheritance:
The Quranic verses that contain guidance regarding inheritance are:
- Surah Baqarah, chapter 2 verse 180
- Surah An-Nisa, chapter 4 verse 7-8
- Surah An-Nisa, chapter 4 verse 19
- Surah An-Nisa, chapter 4 verse 33
- Surah An-Nisa verses are 11-12 and 176
- Surah Al-Ma’idah, chapter 5 verse 106-108
The right of inheritance from a deceased person divides amongst relatives according to rules dividing heirs into two groups:
- The fixed share inheritors: are those whose percentage of the inheritance (share) is explicitly mentioned in Chapter 4 of the Quran (for example, for the husband, half or one-fourth, depending upon if there are children or not)
- The residual inheritors: are those who will receive the balance of the estate once the fixed shares have been calculated.
In Qur’an Allah (SWT) says:
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.” Qur’an(4:11)
Islamic scholars have deduced several essential instructions from this verse, the most important being:
- Debts and bequests are taken from the estate before division amongst the heirs.
- A son receives twice as much as a daughter.
- If the deceased children are female only they receive two-thirds of the estate divided equally among them. The leftover would also be returned to them if there are no residual heirs.
- If the deceased is survived by only one daughter, she receives half the estate. The leftover would also be returned to her if there are no residual heirs.
- If there are children, parents receive one-sixth of the estate each.
- In the absence of children, if the deceased leaves siblings, (maternal or paternal) the mother then receives one-sixth.
- In the absence of children and siblings, the mother then receives one-third of the estate.
In Qur’an Allah (SWT) says:
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. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one 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.” Qur’an(4:12)
Islamic scholars have deduced a number of rulings from this verse also:
- If a married woman dies without children her husband receives half of her estate; if there are children he receives one-fourth.
- A wife is a woman who was married to the deceased when he died. If there is more than one (maximum four) their share is divided equally. A wife’s share of her husband’s estate is one-quarter – if there are no offspring; but if there are, her share is one-eighth.
- Generally, the shares for males and females of the same rank (brother and sister, son and daughter etc.) are that the males receive twice as much as the females.
- The maternal siblings are the only exception to the above rule. If there is only one maternal sibling, he or she receives one-sixth. If there are two or more, they share one-third.
We cannot cover all rules and rulings on the matter of inheritance in this article. This is merely an overview, because there is so much more to this. Muslim scholars have put an entire science on the subject, exploring every possibility and case conceivable to exist.
In conclusion:
Abiding by Islamic Sharia, pertaining inheritance is obligatory. But it is not compulsory in Islam for a person to write a will in his lifetime because his estate will be divided as prescribed in Sharia among his living heirs.
Money is a trial in Islam. It is a tool not a goal, as such; one must not delay giving charity until he gets into his death bed. It is our own, so we must enjoy and benefit from it in this world and the one after.
A man asked the Prophet, “O Allah’s Messenger (PBUH), What kind of charity is the best?” He replied.
To give in charity when you are healthy and greedy hoping to be wealthy and afraid of becoming poor. Don’t delay giving in charity till the time when you are on the deathbed when you say, ‘Give so much to so-and-so and so much to so-and so,’ and at that time the property is not yours but it belongs to so-and-so (i.e. your inheritors.” [Al Bukhari]
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