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).