The Islamic Law of Inheritance- Merits and Features
Students of the Qur’an would note one very striking
difference in the space allotted to ‘religious’ injunctions and ‘social’
injunctions. While details of major and obligatory acts of worship like prayers,
fasting, hajj and zakat have been left to the Prophet ﷺ to
explain, social and familial norms and etiquettes have been elucidated in such
fine detail that even exceptional cases have been elaborated in the Qur’an. One
such important social injunction concerns the Law of Inheritance, a major part
of which has been discussed in Surah anNisa’.
Why is
the Law of Inheritance Required?
Greed is an important element of human personality. Man
tends to amass all benefit for himself, even if he has to deprive others of
their rightful share in the bargain. So when a person dies, it is the human
tendency of every near and far relative, even acquaintances, to claim a lion’s
share of the departed soul’s estate. This would necessarily result in
pandemonium and strife, and it is for this reason that laws of inheritance have
been formulated across history to provide objective guidelines and safeguards in
this regard.
There are many manmade laws prevalent in society today, as
they have been since ancient times. Some laws advocate a complete transfer of
property to the eldest child, some others deprive women of the right to inherit
property, some others have a hierarchy of preference and some others simply
require the person concerned to nominate his successors and heirs for every
single piece of property that he possesses and make a documented will to that
effect.
However, man’s innate prejudices make such laws biased for
or against a particular class, a particular gender or a particular section of
society. Also, since it is none but other men like him who have made these
laws, it emboldens man to break these laws and seek loopholes therein with all
impunity.
The
need of Divinely Ordained Laws
This is why we require divine laws to settle our disputes-
for, neither are they prejudiced in favour or against any particular party, nor
do they lack the authority and respect that manmade laws do.
The divine law of inheritance allots fixed and equitable shares
to family members of the deceased after all the debts and legacies have been
settled. A person can bequeath only up to a third of his estate, and this bequest
should not be in favour of those heirs who would anyway receive fixed shares.
Apart from this, the Qur’an encourages the heirs to consider the needs of the
deprived while distributing the estate amongst themselves. “If at the time of
division other relatives or orphans or poor people are present, feed them out
of the property and speak to them words of kindness and justice.” [Surah
anNisa’ ayat 8]
In a newspaper article published in Nawae Waqt (reproduced in Tarjumanul Qur’an in January 1959 and
translated in part into English below), Maulana Syed Abul Ala Maududi enlists
the following salient features of the Islamic Law of Inheritance:
“The
fundamental Principles of the Qur’an and the Sunnah on Inheritance:
1.
The question of inheritance does not arise during the
lifetime of a person. It comes up only after the death of the person if he has left
some wealth behind. This basic rule has been clearly laid down in the Qur’an
more than once. For instance:
“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.”
[Surah anNisa’ ayat 7]
“If a man dies, leaving no child, but only a sister,
she will have half of what he left.”
[Surah anNisa’ ayat 176]
Similarly, while discussing the issue of inheritance
in the 11th and 12th ayaat of Surah anNisa’, the words taraqa
and taraqtum and taraqna (various grammatical forms of ‘left
behind’) have been repeated again and again. This shows that the rules of
inheritance relate to only that wealth that a person leaves behind after
his/her death.
2.
The following principles can be derived from the
aforementioned basic rule:
·
No right to inheritance is established before the
death of the muwarris (the person
whose inheritance is in question).
·
Only those people would inherit from the muwarris who are actually alive after
his death, not those who have been assumed to be alive.
·
Those who have already passed away during the lifetime
of the muwarris have no right over
his legacy. This is because they have died at a time when the right to
inheritance had not been established at all.
3.
The rule that the Qur’an lays down to distribute the
shares of inheritance among the living heirs upon the death of the muwarris is not that shares should be
given to those who are in need or those who are pitiable. Rather, the rule
states that those who are closest in relation to the muwarris, or in other words, those whom the muwarris is most closely related to, would get a share, and the
distant relatives would not get the share in the presence of closer relatives.
This rule has been mentioned in the 7th ayat of Surah anNisa’ in the
following words: “of what the parents and close relatives leave”.
4.
Who are the closest relatives of a person? The Qur’an
itself answers this question and even stipulates fixed shares for each of them.
These relatives are:
i.
The Parents
ii.
The Spouse
iii.
The Children
iv.
The Siblings
5.
In this inheritance distribution scheme, every
relative who receives a share receives it by virtue of being closely related to
the deceased. Neither can anyone else lay claim to any part of a legitimate
closely related person’s share in his presence, nor can he act as his
representative in his absence and lay claim to it.
6.
Drawing from the Qur’an itself, the Prophet ﷺ has
informed us that after the shares of the closest relatives have been given, or
if they are not present, any remaining legacy would pass on to those paternal
relatives who form a man’s natural support system, the Asbaat. In their absence, this share is given to Zavil Arhaam
(maternal relatives like maternal uncle, grandfather, nephew or the children of
one’s daughter or granddaughter).”
The
Wisdom behind allotting fixed shares
Allotting fixed shares is actually a very big favour God
has done to mankind. For, not only does this rule allay misgivings and disputes
among the inheritors, it also saves the muwarris
from falling into a moral dilemma as to whom among his parents, wives,
siblings, children and friends should he favour more. Concluding the 11th
ayat of Surah anNisa’, God says, “You know not whether your parents or your
children are nearest to you in benefit. These are settled portions ordained by
God; and God is all-Knowing, all-Wise.”
Consequences
of disobedience
Every law comes with ensuing consequences. Since Divine Law
is perfect in all aspects, following it would result in order, peace and
security in this world and would reap divine benefits in the hereafter. On the
contrary, disobeying these laws would not only lead to injustice, upheaval and
disorder in this world, it would also result in eternal perdition. Man’s greed
and avarice have obscured his vision. In an attempt to become as wealthy as
possible, he tends to devour the rights of his sisters, his mother, his
brothers and other relatives. The Qur’an admonishes man against harbouring such
intentions. It says, “These are limits set by God. Those who obey God and His
Messenger would be admitted to Gardens with rivers flowing beneath, to abide
therein forever; and that would be the supreme achievement. But those who
disobey God and His Messenger and transgress His limits would be admitted to a
Fire to abide therein; and they shall have a humiliating punishment.” [Surah
anNisa’ ayaat 13 and 14]
It is in the best interest of man, his family and society
at large, to surrender before divine injunctions and allow God to decide what
is best suited for him. Any neglect in this regard would only lead to misery in
this world and despair in the hereafter. And the same holds true for every
injunction of the Qur’an!
-
Dr. Parvez Mandviwala
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