Law of Law of InheritanceInheritance

WirasatAbu Huraira (Allah be pleased with him) reported Allah's Messenger

(may peace be upon him) as saying:

When a man dies, his acts come to an end, but three,

[i] recurring charity, [ii] or knowledge (by which people) benefit, [iii] or a pious son, who prays for him (for the

deceased). (Saheeh Muslim, Kitab Al-Wasiyyah (Book # 13), hadith # 4005)

Issue to be discussedIssue to be discussed

Fara’id – clear ayat of Qur’anIn the QuranIn the HadithImplementation

What the Qur’an DECLARES (2:180-182): What the Qur’an DECLARES (2:180-182): The will is made obligatory before the death of

anyone of you who is leaving some property behind to bequest it equitably to his parents and relatives.

This is a duty incumbent on the righteous.

If anyone changes the bequest after hearing it, the sin of it then is on those who make the change. Allah hears and knows everything.

But there is no blame on the one who suspects an error or an injustice on the part of the testator and brings about a settlement among the parties.

Allah is Forgiving, Merciful.

Soorah Al-Nisa Ayah # 7:Soorah Al-Nisa Ayah # 7:

Men will have a share in what their parents and their near relatives leave;

and women will have a share in what their parents and their near relatives leave:

whether it be a little or much, they shall be legally entitled to their shares.

Soorah Al-Nisa Ayah # 8 - 10:Soorah Al-Nisa Ayah # 8 - 10:If the relatives, orphans or needy are present at the

time of the division of an inheritance, give them something out of it, and speak to them kind words.[Ayah # 8]

Let those (disposing of an estate) have the same fear in their minds as they would have for their own if they were to leave a helpless family behind: they should, therefore, fear Allah and speak for justice.[Ayah & 9]

In fact, those who misappropriate the property of orphans unjustly,

swallow but fire into their bellies; they will soon be cast into the blazing fire![Ayah # 10]

Soorah Al-Nisa Ayah # 11:Soorah Al-Nisa Ayah # 11:In regard to inheritance Allah commands you concerning your

children: that the share of a boy shall be twice that of a girl. In the case where there are more than two girls, their share will be

two thirds of the estate; but if there is only one girl, her share will be one half of the estate.

If the deceased left children behind, each of the parents shall get one sixth of the estate, but if the deceased left no children and the parents are the only heirs, the mother shall get one third of the estate, but if the deceased left

brothers and sisters, then the mother will get one sixth of it.

The distribution in all cases shall be after fulfilling the terms of the last will and the payment of debts. With regards to your parents and your children, you do not know who is more beneficial to you, therefore, Allah issued this ordinance. Surely Allah is the Knowledgeable, Wise.

Soorah Al-Nisa Ayah # 12:Soorah Al-Nisa Ayah # 12:You shall inherit one half of your wives' estate if they leave no child, but if they leave behind a child then you will get one fourth of their

estate, after fulfilling the terms of their last will and the payment of debts.

Your wives shall inherit one fourth if you leave no child behind you; but if you leave a child, then they shall get one-eighth of your estate; after fulfilling the terms of your last will and the payment of debts.

If a man or a woman leaves neither ascendant nor descendants but has left a brother or a sister, they shall each inherit one sixth,

but if they are more than two, they shall share one third of the estate; after fulfilling the terms of the last will and the payment of debts,

without prejudice to the rights of the heirs.

Thus is the commandment of Allah. Allah is Knowledgeable, Forbearing.

Soorah Al-Nisa Ayatul-Kalalah (# 176):Soorah Al-Nisa Ayatul-Kalalah (# 176):They ask you for a legal decision relating to inheritance in

the case of a childless person (Kalalah). Say: Allah gives you His decision about those who leave no

descendants orascendants as heirs. If a man dies childless and leaves behind a sister, she shall

inherit one-half of his estate. If a woman dies childless, her brother will inherit all of her

estate. If the childless person leaves behind two sisters, they both

shall inherittwo-third of his estate; but if he leaves more than two brothers and sisters, the

share of each male shall be equal to that of two females. Thus Allah makes His commandments clear to you lest you

go astray. Allah has perfect knowledge of everything.

Ahadeeth on Wirasat:Ahadeeth on Wirasat:Salim reported on the authority of his father

('Abdullah bin Umar) that he (his father) had heard Allah's Messenger (may peace be upon him) as saying:

It is not proper for a Muslim who has got something to bequeathe to spend even three nights without having his will written down with him regarding it.

'Abdullah bin 'Umar (Allah be pleased with them) said:

Ever since I heard Allah's Messenger (may peace be upon him) say this I have not spent a night without having my will (written) along with me.

This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.

(Saheeh Muslim, Kitab Al-Wasiyyah (Book # 13), hadith # 3990)

Ahadeeth on Wirasat:Ahadeeth on Wirasat:Mus'ab bin Sa'd reported on the authority of his

father. I was ailing. I sent message to Allah's Apostle (may peace be upon him) saying:

Permit me to give away my property as I like. He (p) refused. I (again) said: (Permit me) to give away half. He (p- again refused). I (again said): Then one-third. He (the Holy Prophet) observed silence after (I

had asked permission to give away) one-third. He (the narrater) said: It was then that

endowment of one-third became permissible. (Saheeh Muslim, Kitab Al-Wasiyyah (Book # 13), hadith # 3994)

Ahadeeth on Wirasat:Ahadeeth on Wirasat:A'isha (r) reported: Allah's Messenger (may

peace be upon him):

left neither dinar nor dirham (wealth in the form of cash),

nor goats (and sheep), nor camels.

And he made no will about anything (in regard to his material possessions, as he had none)

(Saheeh Muslim, Kitab Al-Wasiyyah (Book # 13), hadith # 4011)

Another important ayah:Another important ayah:

Do not entrust your property which Allah has made a means of support for your family,

to feeble minded people for investment in business, however,

provide such people with food and clothing and speak to them nicely and give them good advice.

(Sourah An-Nisa (4), ayah #5)

Concept of EstateConcept of Estate

The estimated value of all assets in the possession of the deceased;

Easier to deal with monetary valuation;

Precationary guideline before division:Precationary guideline before division:It is a religious obligation – must be done

Not to give all away in charity; maximum 1/3

Don’t chase away the Ghurabah; give something & show kindness

Fear Allah while dividing, and know it could have been your own children’s future;

Do NOT depreciate anyone’s share

Women have a share, half that of a male

Comprehensive nature:Comprehensive nature:Covers all dimension, vertical as well as

horizontal

Husband to wives, & vice versa

Parents to children, & vice versa

Between siblings

Limit to charity

Nothing to be shy about

All shares clearly defined

Example:Example:List Assets:Citizen watchHonda CD-70 (KBL 123)Account in Bank Al-Islam (Acct # 123-123-123)My “gullac” (collecting since age 3)Pentium IV Computer & 18” LCD Gave Qard-e-Hasana to Mr Ahmed Abdullah of Rps

5,000 (forgiven)Distribute the above as per Shari’ah requirements,

after giving sadaqah:Rps 1,000 (sadaqah) to our driver Mr Ahmed Abdullah

My clothes, books, cycle & toys to be given away to gurabah

Burry me as per shari’ah requirementsWhat Shariah requirements ?