Tuesday, January 4, 2011

Laws of Inheritance in Islam

Inheritance:
Inheritance in Islam is a right and an obligation. The rules of inheritance are specified in details. The following verses explain these rights:
‘To every one, We have appointed sharers and heirs to (wealth and property) left by parents and relatives.' 4: 33
‘Unto the men (of the family) belongs a share of that which parents and near kindred leave, and unto the women a share of that which parents and near kindred leave, whether it be little or much: a legal share. And when kinsfolk and orphans and the needy are present at the division (of the heritage), bestow on them there from and speak kindly unto them.
And let those fear (in their behaviour toward orphans) who if they left behind them weak offspring would be afraid for them. So let them mind their duty to God, and speak justly.' 4: 7-9
‘God charges you concerning (the provision for) your children: to the male the equivalent of the portion of two females, and if there be a woman more than two, then theirs is two-thirds of the inheritance, if he have a son; and if he have no son and his parents are his heirs, then to his mother appertains the third; and if he have brethren, then to his mother appertains the sixth, (the distribution in all cases) after the payment of legacies and debts.
Your parents and your children: You know not which of them is nearer unto you in usefulness. It is an injunction from God. Verily God is all-Knowing, all-Wise. An unto you belongs a half of that which your wives leave, if they have no child; but if they have a child then unto you the fourth of that which they leave, after any legacy they may have bequeathed, or debt (they may have contracted, has been paid).
And unto them belongs the fourth of that which you leave if you have no child, but if you have a child then the eighth of that which you leave, after any legacy you may have bequeathed, or debt (you may have contracted, has been paid).
And if a man or a woman have a distant heir (having left neither parent nor child), and he (or she) have a brother or a sister then to each of them twain 9 th brother and the sister) the sixth, and if they be more than two, then they shall be sharers in the third, after any legacy that may have been bequeathed or debt (contracted) not injuring (the heirs by willing away more than the third of the heritage) has been paid. A commandment from God. And God is all-Knowing, all-Indulgent.' 4: 11-12
These commandments ought to be implemented. The Qur'anic text informs of the consequences of whether or not Muslims conform to such commandments:
‘These are the limits (imposed by) God. Whoso obeys God and His messenger, He will make him enter gardens under which rivers flow, where such will dwell for ever.
That will be the great success. And whoso disobeys God and His messenger and transgresses His limits, He will make him enter Fire, where he will dwell for ever; his will be a shameful doom.' 4: 13-14
‘They ask you (O Muhammad) for a pronouncement. Say: God has pronounced for you concerning distant kindred. If a man dies childless and he has a sister, hers is half the heritage, and he would have inherited from her had she died childless.
And if there be two sisters, then theirs are two-thirds of the heritage, and if they be brethren men and women, unto the male is the equivalent of the share of two females.
God expounds unto you so that you do not err. And God is Knower of all things.' 4: 176


Author: Mardini


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