The Laws of Inheritance in Islam-II

In his Friday Sermon of 10 August 2018 (27 Dhul-Qaddah 1439 AH), Hadhrat Muhyi-ud-Din Al Khalifatullah Munir Ahmad Azim Saheb (atba) of Mauritius provides a magisterial survey of Islamic inheritance law. In this significant discourse, Hadhrat Khalifatullah (atba) elaborates on the the most important features of the normative framework of Islam on matters of inheritance succession and comprehensively explains the profound obligations on devout Muslims in this regard- of making clear distributive arrangements for smooth transitions in matters of succession. Acknowledging that the subject is vast, complex and delicate, Hadhrat Saheb (atba) underscores the need for careful handling of the question at the various levels "with honesty and Taqwah": individual believers need to draw up clear testamentary declaration (Will); influential/powerful legal heirs need to respect the rights of the vulnerable ones and also serve the pecuniary interests of other non-heir, but close persons of the deceased through gifts; the State/Jamaat officials need to ensure that justice is done to all parties involved. 

The Sahih Al Islam Blog has published the First-part of this vital sermon on August 14, 2018. Reproduced below are the second and final installment of the Two-part series:

THE WIFE’S CHILDREN FROM A PREVIOUS MARRIAGE

If a woman had children with another husband, and after divorce, Talaq, she contracts Nikah with another man, then the children of this woman from her previous marriage are not eligible to receive anything from the inheritance of their mother’s new husband.

INHERITANCE OF A LEGITIMATE CHILD

According to Shariah, a child born in the Nikah of his parents is a legitimate child and thus he shall inherit from his mother and father. Shariah acknowledges the legitimate pregnancy of a woman whose biological child is born between 6 months and two years.

Explanation : If a child is born five months after the date of the Nikah or more than two years after the death of the father (its mother’s husband), then the child shall not be legitimate for the father and thus shall not inherit from him. [But Allah knows best. It may be that Allah manifests exceptions and extraordinary miracles.

The Laws of Inheritance in Islam-I

All that is on earth and in the heavens originally and truly belong to God, and shall finally return to Him, so declares the Qur'an emphatically. Whether the humans like it or not, our moment in the universe is brief and transitory in the onward march of history- to succeed people who go ahead of us and to be succeeded by people who come after us. The riches and affluence of this world is only for a period of time- and the ultimate end of all affairs is with God. Among the attributive Names of God, the Qur'an speaks about "Al Waris", the Supreme Heir: "It is We who give life and death; it is We who inherit (everything)"---(Surah Al-Hijr, 15:24). The Qur’an thus provides an ethical framework for the believers to look at questions of property, wealth and possessions: upon the death of a person, all property returns to God and the portion to legal heirs are apportioned by Divine Decree, leading to the Divine redistribution of the wealth of the deceased. 

Under the Qur'anic framework on succession, both men and women among family relations- children, parents, siblings and spouses- are entitled for a fixed and mandatory share of the wealth of their deceased relatives. “Men have a share in (the assets) that their parents or nearest kin leave behind, and women (also) have a share in the inheritance of their parents and the nearest kin. Be it small or large, the share has been fixed (by Allah)”. (Surah Al-Nisa, 4: 08).  Other verses in the Qur'an (4:12-14;177) identify the specific rules for apportioning the estate by Divine Decree. The prescribed shares of the male and female heirs are to be distributed among them after the payment of debts- including funeral expenses- and the fulfillment of the Will the believer may have made prior to death. 

On the basis of Qur'anic rules of inheritance, the Holy Prophet (sa) issued practical guidance on new issues that emerged in the context of the companions' family lives, especially on matters that the Qur’an did not specifically comment upon. For instance, to strike a balance between a person's right to bequeath his property by will to other than one's legal heirs prior to death and to protect the interests of the legal heirs, it was clarified that not more than one-third of the estate can be given away in such a manner. Through the centuries, by applying reasoning and analogy, Muslims have evolved a vast corpus of jurisprudence (Fiqh) on the distribution of shares in varying contexts of the life of the Ummah. In his Friday Sermon of 10 August 2018 (27 Dhul-Qaddah 1439 AH), Hadhrat Muhyi-ud-Din Al Khalifatullah Munir Ahmad Azim Saheb (atba) of Mauritius provides a magisterial survey of the most important features of Islamic inheritance law and comprehensively explains the profound obligations on devout Muslims in this regard- of making distributive arrangements for smooth transitions in the wealth and assets they (are to) leave behind, and also to respect the rights of women and other vulnerable legal heirs in matters of succession. 

Read the First part of the Two-part Sermon Below:   

According to Quran and Hadith, according to Shariah, it is incumbent on a Muslim to distribute his wealth among his heirs. It is thus his duty to make all necessary procedures so that after his demise, his wealth is distributed as per the commandments of Allah and His Messenger (pbuh). 

The share (fraction/ percentage) that a wife or a husband or a mother or a sister receive is obligatory (Farz) just like Salaat/ Namaz, Sawm/ Roza, Zakaat are Farz. The proportion that we have to distribute in inheritance comes essentially from the Quran. The Holy Prophet Muhammad (pbuh) has said: “Learn the laws of inheritance and teach them to others as they are half of knowledge…” (Mustadrak Al Saheehain).

Pride and Prejudice in the Jamaat-e-Ahmadiyya

O my Lord! Grant unto us wives and offspring who will be the comfort of our eyes, and give us (the grace) to lead the righteous. (Al-Furqan 25: 75).

Our Lord! Let not our hearts deviate now after Thou hast guided us, but grant us mercy from Thine own Presence; for Thou art the Grantor of bounties without measure. (Al-Imran 3: 9).

Our Lord! Condemn us not if we forget or fall into error. (Al-Baqara 2: 287).

Our Lord! Lay not on us a burden greater than we have strength to bear. Blot out our sins, and grant us forgiveness. Have mercy on us. Thou art our Protector; Help us against those who stand against faith. (Al-Baqara 2: 287).

 'Practice' versus 'preaching' in the Nizam-e-Jamaat

The Ahmadiyya Muslim Community headed by a man-elected caliph deceives the world with his beautiful speeches about peace and the need to have Love for All and Hatred for None.

As Caliph and Messenger of Allah, it is my duty to put before the world, especially in front of all Ahmadi Muslims around the world, the true face of their present caliph, who certainly does not practice what he preaches.

The Break-up of Ahmadi Families in Mauritius

To hide his face, he tells people who ask him questions about the current situation in Mauritius, a situation that for more than seventeen years has turned sour in the Ahmadiyya Community of Mauritius, [that everything is fine]. With the instructions, directives that come directly from the current caliph, the chiefs of the Jamaat Ahmadiyya in Mauritius are doing whatever they like by implementing what they call, the caliph’s instructions, such instructions that they absolutely must implement, despite the fact that these same instructions are against the vital teachings of the Holy Qur’an and the Sunnah of the Holy Prophet Muhammad (pbuh), and even the teachings of the Promised Messiah, Hazrat Mirza Ghulam Ahmad (as).

In view of the world, the caliph preaches peace, he is a peaceful man, a man of peace. He insists that there is no problem in Mauritius, that everything is fine in the best of all worlds! But in truth, the more he masks the break-up and massacres in the Jamaat Ahmadiyya in Mauritius and elsewhere in the world within the Ahmadi families, the more the truth turns into a powerful wave to reverse his Machiavellian plans. He takes himself as a gatherer, but in truth he is only a man who wants to divide families and break the Muslim unity and family union.

'Learn to Forgive: Gain God's Mercy'

Many of you (Muslims) do not speak to one another, your brothers and sisters. How many daughters-in-law do not speak to their mothers-in-law anymore? Worse, even between parents and their children, there is no longer the flow of communication. This list unfortunately remains very long.

It goes without saying that a true believer seeks the forgiveness of Allah, but one of the actions we forsake, whether through ignorance or ego, is to forgive the one who has wronged us. It is good to know that Allah forgives whom He wills: “He forgives whom He wills, and punishes whom He wills. And Allah is Forgiving and Merciful.” (Al-Imran 3: 130).

A question we can ask ourselves - Why do I have to forgive? If Allah forgives us, despite all our shortcomings, all our faults and bad deeds, how is it so difficult for me to forgive my mother, my father, my own brother or my own sister, my children, in-laws etc.?

It is the quality of the prophets of Allah to forgive. But we are not prophets, you would say to me. But the prophets are the best creatures of Allah that we must take as models. When studying their lives, it will be noticed that they have won people’s hearts by forgiving them. This is the quality of a good servant of Allah. In the Holy Quran, Allah (swt) tells us that among the Muttaqun who will enter paradise, are those who have forgiven their brothers. If we really want to be considered as such, then we must develop in ourselves the will to forgive our brothers and sisters; Allah says concerning the Muttaqi: “(Those) who restrain their anger and forgive others [...]”. (Al-Imran 3: 135).

What makes one a Muttaqi is his capacity to control his anger and despite his strength and courage, he forgives those who have wronged him. We are not dishonoured by forgiving. He who forgives his brother, not only does he lose nothing, but is honoured by Allah. Prophet Muhammad (pbuh) said: “Allah will raise (the status/ degree of) the one who forgives for the sake of Allah.” (Muslim).

Death and the Purpose of Life

"Exalted is He who holds all control in His hands; who has power over all things; who created death and life to test you and reveal which of you does best- He is the Mighty, the Forgiving"-- (Surah Mulk, 67: 2-3).

"God has humbled the son of Adam with death, and has made the world an abode of life, then an abode of death, and made the Hereafter an abode of recompense, then an abode of eternal abiding" --- Prophet Muhammad (sa)  

As a religion, Islam is an appeal to the conscience of the humans to deploy their God-given Free Will to lead a clear and pure life in the path of God. It is an open invitation to everyone to recognize the true purpose of life- the Worship of the Divine to the exclusion of all other so called 'deities'- by purifying their souls, by getting rid of the spiritual and moral diseases that otherwise come in the way of such higher realization. And 'Muslims' are those who subordinate and surrender their personal needs and desires to conform to the Will and commandments of Allah and His Messenger and strive in His cause. The trade-off they have to make is between the chance gains of this life and the enduring rewards of the Hereafter. Hence, to live in obedience to the dictates of religion and to die in that state of submission to the Will of Allah, is a conscious choice that every true believer makes through her belief and practice in every day life. 

In his Friday Sermon of 20 July 2018 (06 Dhul Qaddah 1439 AH), Muhyi-ud-Din Al Khalifatullah Hadhrat Munir Ahmad Azim Saheb (atba) of Mauritius speaks about the transient nature of our worldly life to remind us about the inevitability of our accountability in the world to come. 

In this eloquent discourse steeped in Qur'anic wisdom and illuminating insights, Hadhrat Khalifatullah (atba) provides a series of practical guidelines that followers of the Divine Path can keep in mind in their everyday life. For, everyone has to be prepared to face the record of their deeds on the Day of Resurrection. As Hadhrat Saheb (atba) notes, a believer can prepare herself for that ultimate reality of Facing God on the Day of Judgement in the following way: by recognizing the truthfulness of the Divine Messages and prophecies chronicled in the Qur'an and the Ahadith; by learning from the exemplary lives of the Divine servants of the past; by recognizing the value of invoking fervent prayers directed to the court of the Almighty for steadfastness and courage to remain in the spiritual path, and also by recalling the fleeting nature of life and the unavoidable journey to the grave after death. It is also instructive to note that embracing the True Path/Faith is a favour that one does to one's own self and nobody else, and it is certainly not a favour to God. Our extolling God cannot add to His glory, nor does our disobedience to His Elects can take away of His grandeur and dignity. On the other hand, when you earnestly strive in the path of glorification and sublime obedience, God bestows purification and radiance to your soul in this very world- indeed happy endings are for the truly devout. Whether to remain in obedience to God and receive the benefits of enduring blessings, or to disobey the Divine commands in search of fleeting pleasures that will only bring ultimate loss- that is the choice that every human has to make in life, reminds Hadhrat Khalifatullah (atba).  

Read the Friday Sermon Below: 

Recall Death

For all of us, our journey on earth is limited. Sooner or later we will have to return to our Creator and present ourselves before Him. Those who fear Allah the most have only one wish, which is, to stay in His obedience - the obedience of Allah - throughout their lives. This, in order to prevent them from dying while they were in disobedience of Allah because the Holy Prophet Muhammad (pbuh) said, “Every slave will be resurrected in the state upon which he died” (Muslim)

The Messenger of Allah (pbuh) here speaks of our state when we die either as a disbeliever or as a believer. Each individual must therefore seek by all means to hold firm to his faith, the true faith (i.e. Islam), throughout his life on earth so that when he dies, despite that his family may be crying over losing a loved one, but the person (now dead), will be happy to join his Creator. For this, he must:

(1) Believe in the word of Allah and Muhammad (pbuh).

It is so easy for us to believe in the words of people like us. If we are told that tomorrow there will be an increase in the price of fuel, how many of us will rush today itself to the gas stations to refuel?

In the fourth chapter of the Holy Quran, Allah says: “Allah! There is no god but He: He will surely gather you together on the Day of Judgment, about which there is no doubt. And whose word can be truer than Allah’s?” (An-Nisa, 4: 88)

Qur'an: On Relations with War Captives

Retrieving the humane and egalitarian voice of the Qur’an is an important task of our times, especially in contexts where politico-militant groups seek to co-opt certain interpretations of the Islamic Shari’ah to promote their dubious projects that subjugate women’s dignity, rights and moral agency. 

Consider the treatment of captured women in war/ “female slaves” by the so-called ‘Islamic State of Iraq and Syria’ (ISIS) under ‘Caliph’ Abu Baker Al Baghdadi. During 2014-’17, when the ISIS under the Caliph ruled over an ‘Islamic State’ after his band of fighters and followers held control over parts of Iraq and Syria; it captured hundreds of females belonging to the minority Yazidi community as prisoners of war. Claiming that Islamic theology permits both the enslavement and the establishment of sexual relations with women captives, the ISIS established “slave markets” in the areas under its control to “trade” in the ‘female slaves’ so as to distribute them among the fighters of the Islamic State. When some of those young women and teenage girls escaped from the clutches of these marauders operating in the name of 'Islam', their harrowing experiences sent shock-waves across the global community. 

The beliefs and actions of the Islamic State and its Maulawis who issued the edicts in favour of establishing slave markets to trade in war captives scandalize the fair name of Islam- the pristine faith of  devout Muslims around the world. The Promised Massih Hadhrat Mirza Ghulam Ahmad (as) of Qadian spoke presciently on this dire state of affairs in the previous era, when he wrote: 

"Islam today is in a very precarious state, and its light has been almost completely eclipsed. The Muslims have erred not only in their beliefs but also in their practices. They have fabricated some Traditions which have not only adversely affected their character, but are also contrary to the Divine law of nature. For example, Divine law has established three basic human rights: One must not kill an innocent person, one must not injure someone’s honour, and one must not unjustly appropriate another person’s property. And yet there are Muslims who break all three of these commandments. They murder innocent people and do not fear God, and their foolish Maulawis have even issued edicts declaring it lawful to lure away or capture women of other religions—whom they consider infidels—and to take them as wives. Similarly, they consider it lawful to usurp the property of any disbeliever through embezzlement or theft. Just consider the perilous state of the religion whose Maulawis issue such edicts! All this is the work of egotistic people who falsely attribute such teachings to God and His Messenger." (How to be Free from Sin, pp-15-16, UK: 2008 edn).

Oppressive interpretations of the Divine Speech is often a legacy of flawed Scriptural exegesis and cannot stand the critical scrutiny of Qur’an’s liberatory hermaneutics. Since the ‘Islamic State’ sought to justify the enslavement and sexual assault on female captives in terms of the Shariah, it is important to debunk these fraudulent claims by placing before the world the proper context and interpretation of the verses of the Holy Qur’an pertaining to the subject. In his Friday Sermon of 13 July 2018 (28 Shawwal 1439 AH), Hadhrat Muhyi-ud-Din Al Khalifatullah Munir Ahmad Azim Saheb (atba) of Mauritius makes an important intervention on this larger debate. 

Explaining the Qur’anic expression “Maa Malakat ‘Aymaanuhum” (What your Right Hands Possess”, Hadhrat Saheb (atba) draws attention to the need for engaging with the overall framework of the Qur’an in teasing out the meaning of the Divine Discourse. There is no verse in the Qur’an that sanctions concubines and the Holy Book affirms that married women are not lawful for other men before the dissolution of the previous marriage. To protect the dignity of unclaimed female war captives- separated from their relatives socially and morally- who would not be in a position to dissolve any previous marriage; the Qur’an, however, makes an exception in the case of such female prisoners of war and permits that relations with such women (“What your Right Hands Possess”) can be established through wedlock even if the former marriage is not formally dissolved. Any assumption that (sexual) relations with female captives is permitted without marriage is rejected by the Qur’an (24:33, 4:4, 26), points out Hadhrat Khalifatullah (atba).  

Read the Friday Sermon Below: 

The Expression: What your Right Hands Possess”

“And those who guard their chastity; Except from their wives or what their right hands possess, for then surely they are not to be blamed.” (Al-Mu'minun, 23: 6-7).

Much misunderstanding prevails as to what the expression “their right hands possess” means, and what are the rights and status of the persons to whom it applies.

President Trump: 'The beginning of his end'

"Surely, Allah is All Knowing, All- Aware", declares the Holy Qur'an (31:34). In the words of a well known scholar of the Qur'an, it means that God is both "Self-Knowing and fully aware of everything besides Him. He Himself knows everything and also informs him whom He likes". Hence, one of the principal functions of a Divine Servant is to pass on the Messages being vouchsafed to him by Allah (swt) for the attention of all humans who wish to listen and profit by. Often these messages contain glad tidings for the truly humble who believe in God and do good deeds in service of His creatures. Likewise, in equal measure, the messages may also contain dire warnings for despots who remain arrogant on earth without any right, and exceed all limits, seeking to oppress the people. Thus, speaking truth to power is a function of the Prophets. Indeed, the Qur'an preserves in its pure pages of Holy revelation several accounts from history where the Divine Elects spoke the daring truth to the reigning Pharaohs of their times. The Holy Prophet Muhammad (sa) famously said: "Indeed, the best 'Jihad' is a Just Word in the presence of an Unjust Ruler". 

Consider our own times, the Fifteenth Century of the Islamic Era. The world of Islam today faces enormous challenges, both internally and externally. Powerful adversaries have conquered and destroyed the Muslim lands and peoples in Palestine, Iraq, Afghanistan, Libya, etc. The bombings, senseless killings and the hardships of war and terror have afflicted the Muslim psyche with feelings of helplessness and agony. The events of the last two decades- Ariel Sharon laying siege on the Al Aqsa Mosque in Jerusalem, Bush-Blair combine unleashing the wars on Iraq and Afghanistan, the civil wars in Sudan, Yemen, Syria, Libya, etc.- powerfully underscore the tragic situation of the Muslim Ummah. Due  to the 'internal' conflicts in many Muslim nations, and also the oppression of the Muslim minorities in several nations- Bosnia, Central African Republic, Myanmar, China, etc.- millions of people had been forced to flee their home and hearths and seek refuge and dignity in exile. Finding Islam under siege in our times from both the enemies of the Faith and its misguided adherents, Allah (swt) has raised a humble man amongst us with His holy words to be a practical exemplar and defender of the Faith in the person of Hadhrat Munir Ahmad Azim (aba) of Mauritius.