By: Arslan Raza Awan
“YE know not whether your parents or your children are the nearest to you in benefit. These are the settled portions ordained by Allah and Allah is all knowing”
(SURRAH UN-NISA)
Every religion claims to be an utmost religion in the world that covers the whole aspects of life, but with passage of time changing and false interpretations made these divine religions lost their grip on their followers. In 610 AD, Prophet of Allah Muhammad (S.A.W) start preaching true guidance of Allah with his companions. Islam provides a complete mechanism for the survival of mankind and their wellbeing. Religion who claims the only survival of mankind in every era and age provide solutions for every problem and situation as it arises. In this era, people are not granted their alienated rights like inheritance, social justice, equity, and etc. Holy Prophet Muhammad (S.A.W) gave a full concept of inheritance law which Allah has revealed on Prophet (S.A.W), the verses of SURAH UN-NISA which elaborated the proper procedure of law of inheritance. In the book, Family Laws of Inheritance elaborated the background of revelation of the Verses of Inheritance. The most significant verse regarding inheritance is SURAH UN NISA VERSE 11 which is known as ‘the verse of inheritance’. It was revealed:
“When a companion of the Prophet (PBUH) was martyred leaving behind his wife and two daughters. After his martyrdom, his brother took control of all his property in accordance with the prevailing Arabian custom. Thereupon, the wife along with her daughters came to the
Prophet (PBUH) and complained that she would not be in a position to wed her daughters without having anything from her husband’s estate. In this context, the above-referred verse was revealed. Thereafter, the Prophet (PBUH) ordered the paternal uncle to give away 2/3 of his deceased brother’s estate to his daughters and 1/8 to his wife.”
Islamic Succession Laws, rooted in the Quran and Sunnah, govern the allocation of assets and properties among beneficiaries. These laws uphold justice and equity, assigning shares based on familial ties. By doing so, they foster family unity and financial stability. Islamic inheritance laws, based on the Quran and Sunnah. These laws promote fairness, transparency and stability, ensuring each heir receives their designated share according to their relationship with the deceased.
“Islamic inheritance laws, guided by the Quran and Sunnah, provide a fair and just framework for asset distribution among family members. Rooted in Islamic principles, inheritance laws ensure equitable distribution of wealth and assets, promoting family harmony. The Quran and Sunnah form the basis of Islamic inheritance laws, which dictate asset allocation among heirs, upholding justice and fairness.”
Islam provides a complete structure of inheritance for people towards the distribution of wealth, property division and the thorough procedure of, share of wife, children, brother, sister, and parents if alive or died in their life have alternative roots to follow, in case of no closed relative then the distant ones have share in it. The concept behind it is that the circulation of wealth or property, a piece of land or bank account, or jewelry e.tc must revolve around the family lineage not out of it property of a family must belong to family not an alien. For that reason, sharers made by Allah. As well said in Holy Quran:
“Allah commands you regarding your children: the share of the male will be twice that of the female.1 If you leave only two ˹or more˺ females, their share is two-thirds of the estate. But if there is only one female, her share will be one-half. Each parent is entitled to one sixth if you leave offspring.2 But if you are childless and your parents are the only heirs, then your mother will receive one-third.3 But if you leave siblings, then your mother will receive one sixth4—after the fulfilment of bequests and debts.5 ˹Be fair to˺ your parents and children, as you do not ˹fully˺ know who is more beneficial to you.6 ˹This is˺ an obligation from Allah. Surely Allah is All-Knowing, All-Wise.”( Surah Un-Nisa:11)
“You will inherit half of what your wives leave if they are childless. But if they have children, then ˹your share is˺ one-fourth of the estate—after the fulfilment of bequests and debts. And your wives will inherit one-fourth of what you leave if you are childless. But if you have children, then your wives will receive one-eighth of your estate—after the fulfilment of bequests and debts. And if a man or a woman leaves neither parents nor children but only a brother or a sister ˹from their mother’s side˺, they will each inherit one-sixth, but if they are more than one,
they ˹all˺ will share one-third of the estate1—after the fulfilment of bequests and debts without harm ˹to the heirs˺.2 ˹This is˺ a commandment from Allah. And Allah is All-Knowing, Most Forbearing.”( Surah Un-Nisa:12)
“They ask you ˹for a ruling, O Prophet˺. Say, “Allah gives you a ruling regarding those who die without children or parents.” If a man dies childless and leaves behind a sister, she will inherit one-half of his estate, whereas her brother will inherit all of her estate if she dies childless. If this person leaves behind two sisters, they together will inherit two thirds of the estate. But if the deceased leaves male and female siblings, a male’s share will be equal to that of two females. Allah makes ˹this˺ clear to you so you do not go astray. And Allah has ˹perfect˺ knowledge of all things.” (Surah Un-Nisa:176)
Surah Un-Nisa:11 discusses the Islamic inheritance laws, outlining how assets should be distributed among family members: Children Shares; Parents’ Shares; and Additional Considerations. This verse provides a framework for fair and just distribution of assets, considering the relationships and responsibilities within families. Whereas, Surah Un-Nisa:12 outlines additional inheritance rules: Spouse’s Share; and Husband’s Share. These shares are distributed after fulfilling debts and bequests. This verse emphasizes fairness and justice in inheritance distribution. Surah Un-Nisa:176 discusses the Islamic inheritance laws regarding someone who dies leaving no children or parents: Sister’s Share; Multiple Sisters; Brothers and Sisters. This verse aims to clarify inheritance rules and prevent confusion, emphasizing Allah’s wisdom and knowledge. The Prophet Muhammad (S.A.W) reportedly considered this verse among the last revelations, providing crucial guidance on inheritance.
Inheritance is a legal and customary process followed by generations to generations due to its poor structure and lack of guidance of people especially girls, women, children left empty handed with no estate and wealth of their deceased and beloved one. Orphan’s didn’t get their legal and hereditary share due to age and gender mostly girls didn’t get it, but Islam provides a formal way through the guidance of Holy Prophet (S.A.W). But due to some implications the legal heir’s kept away from share. There are four circumstances that bar the heir from inheritance under Islamic law;
- Homicide or Murder of the deceased:
Person who kills the deceased cannot inherit from them based on the idea that a person should not benefit from their wrongdoing. Both Shia and Hanafi laws, generally agree on this principle, though there might be differences in how they define the type of homicide that bars inheritance (e.g., intentional vs. unintentional).
- Illegitimacy under Hanafi Law:
Under Hanafi law, an illegitimate child has no legal lineage to their father this means the child can inherit from their mother, and her lineage, but not from their father or his relatives. Law distinguishes between legitimate and illegitimate children in terms of inheritance rights.
- Difference of Religion:
Islamic law is that a non-Muslim cannot inherit from a Muslim and in some school of thought it is vice versa.
- Estoppel in Succession:
Estoppel in succession refers to the situation where a person is barred from claiming a right to inheritance due to their previous actions or statements. If a person denied a relationship with the deceased during their lifetime, they cannot later claim inheritance based on that relationship. Every school of thought has their own rules and regulations regarding the law and its applications derived from Quran and Sunnah in their light law derived and made applicable.
Sunni law of inheritance, is derived and made applicable by four school of thoughts which are as: Hanafi, Al-Shafi, Maliki and Hanbali schools. Under Sunni school of thought, there are three types of legal heirs: Quranic heir, Residuaries, and Uterine heirs some further expand towards Universal legatee and Bait Al- Mal, if there is no one who represent the deceased then his/her entire property belongs to government. According to Uterine Heirs, they are further divided into two parts; Maternal heirs and Paternal heirs. If we take a look on uterine heirs, they are further divided into three parts by Hanbali, Al-Shafi, Maliki which are; Ahl-al-Rahm, Ahl-al Tanzil, and Ahl-al-Qarabah. The mentioned sharers are thirteen; 9 Males and 4 Females to which the entire property is divided which are: Father, Grandfather, Husband, Uterine Brothers, Mother, Paternal Grandmother, Maternal Grandmother, Wife, Daughter, Son’s daughter, Full Sisters, Consanguine sisters, and Uterine Sisters.
Sunni school of thought divided the estate of deceased after all debts, loans and money lend by the deceased person cleared, then the dower if not payed, dues on funeral, will of the deceased
person if made, then comes the division of estate; which is done according to the principle of exclusion where only legal heirs hold the entire wealth if not then; Principle of Rad followed by which the estate once again circulate excluded wife, residuaries, uterine heirs if there is no heir left then they obliged. Then comes Principle of Awl, according to which if the number of the sharers are increased from thirteen then share must be divided according to it portions of the wealth as twenty, twenty-seven, thirty and so on.
Shia Inheritance Law, Like Sunni inheritance law, recognizes sharers and residuaries. However, there are nine sharers in Shia law as opposed to thirteen sharers under Sunni law (four females and nine males). Grandparents and Sons’ daughters are not regarded as sharers under this law. It should also be noted that residuaries do not play a significant role in inheritance. Furthermore, Shia law does not recognize uterine heirs. All legal heirs are classified into three main classes. Following are the details:
- Class 1; Parents, Children (male and female), and children of Male and Female descendants, how low so ever.
- Class 2; Grandparents (true or false), how high so ever, and Brothers and Sisters (full, consanguine, and uterine) and their descendants, how low so ever irrespective of their gender.
- Class 3; Paternal Uncles and Aunts, Maternal Uncles and Aunts, Their children, how low so ever irrespective of their gender.
Legal heirs of Class 1 exclude legal heirs of Class 2, and legal heirs of Class 2 exclude legal heirs of Class 3. Legal heirs of the same class are entitled to their share irrespective of their gender, except that the male will have double the share of a similarly placed female. For instance, there is no distinction between true and false Grandparents, Son’s children and Daughter’s children, and Brother’s children and Sister’s children. Another important feature of Shia law is that a female legal heir located in Class I will exclude a male heir situated in Classes 2 and 3, despite the feature of Shia law is that a female legal heir located in Class I will exclude a male heir situated in Classes 2 and 3 despite the fact that the latter is regarded as a residuary. For instance, a Daughter deprives her Grandfather, Brothers not same from Father, and Uncles.
The Principle of Representation is applied for distribution among the more distant degree of relatives. Generally, Shia law is more gender sensitive than Sunni law. Un-like Sunni school of thought, Shia school of thought also follows the Principle of Exclusion and restored more than Sunni school where the legal heir is focused; the Principle of Rad comes where all heirs represent themselves, but if Class 1 heir, there either the Female alone must represent herself as a legal heir, and exclude all remaining heirs, then Principle of Awl is not followed by Shia school of thought.
Concluding that, Islam provides a remedy and mechanism for the problems arise in Muslim law of inheritance and, played a crucial role in the society, secure the right of inheritance for Orphan, Women, Girls and unbiased of gender irrespective of caste, color, race and etc. Quran teaches us
how we deal with the estate of deceased, and the division of wealth in the light of Sunnah and sayings of Holy Prophet Muhammad (S.A.W), the rules and regulations derived played a significant role in last 1400 years, and so on the major of Quran under the sayings of Prophet (S.A.W) is individual and their wellbeing and the prosperity of mankind.