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.

Islamic Teachings for Social Peace

Alhamdulillah Summa Alhamdulillah, my Rab again gives me the opportunity to continue on the same subject-matter of last Friday’s Sermon.

On Social Welfare 

Furthermore, as Islam teaches us, we must stress on the rights of the poor for we must regard them as our brethrens. Thus, a person should not be deprived of that which he has acquired by the exercise of his talents. The competition which is the result of a divergence in talents and capacities is essential for the progress of the world; but that those who are in possession of the wealth of a nation are bound to allot a certain portion of it, fixed by Islam, towards the welfare of the poor, and to employ the balance towards objects of public utility rather than towards the gratification of personal desires; that is to say, that they ought to prefer the happiness to be derived from the distribution rather than that to be derived from the hoarding or squandering of wealth.

The teachings of Islam stand unique in this respect. Islam recognises and upholds the principle of private ownership, but it also recognises that no man can be rich without a contribution of the labour of others, and it therefore explicitly enjoins that out of the wealth of the rich a portion should be set apart and spent through the government for the welfare of the poor as compensation for the contribution made by the poor towards its production. It also enjoins upon the State the duty of providing for all its people the necessaries of life and the means of instruction.

Foreign Relations 

With regard to international relations, they can never be put on satisfactory basis till it is realised that nations and Government are as much subject to the dominion of morals as individuals. Indeed, most international disputes are the result of the false doctrine which prevails that Governments are not bound to conform to the moral standard expected of individuals. For the peace of the world it is necessary that the subjects of each state should cooperate with their respective Governments. There can be no objection to their taking measures to demand and safeguard their rights, but in so doing they must not adopt a course of conduct which is calculated to disturb the public peace or to undermine the authority of the Government, or which is objectionable from a moral viewpoint.

So long as there are people who believe sincerely in some religion or other, and the world is not composed entirely of men who use religion as a cloak to be donned on ceremonial occasions, religions differences are bound to arise. True harmony would be established only when the world, or the majority of its people, were united by the restrictions of one common faith.

Inter-Religious Harmony

To bring peace, therefore, to the universe, I have claimed that God Almighty has sent me so that, through me, men may be gathered in the fold of one faith and thus find outward and inner peace. Even though, presently man and man is not yet united in one religion, the true religion and way of life, viz., Islam, however, to ensure the improvement of the present conditions of individuals, religions and society at large, the following suggestions are to be observed: