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Islamic Law of Succession and Inheritance

 
The Noble Quraan states: "Allah has purchased from the believers their persons and their wealth in lieu of Jannah."

Man is a trustee of the wealth that he owns for he duration of his life. When his term of life expires, his trusteeship over his wealth and property expires. It has then to be redistributed in accordance with the directive of The Absolute Owner – Allah Ta'ala. Directives regarding the distribution of wealth after the demise of the provisional owner are explicitly detailed in the Noble Quraan.

The First Science to be Lifted – The Holy Prophet Sallallahu alayhi wa sallam has said: "The first branch of knowledge which will be taken away from my Ummah will be Ilmul Faraidh [knowledge pertaining to inheritance]. This branch of knowledge is almost extinct. Most Muslims are blissfully unaware of the importance of the Islamic law of succession and the consequences of an un-Islamic Will.

Evolution of the Law of Succession –
a) Inheritance by Virtue of Migration: During the early stages of Islam, the social system in Madinah vas based on the brotherhood of the Muhajir and Ansaar.

This meant that when a Muhajir passed away, and he did not leave an immediate relative who had also migrated, his Ansaari brother would inherit from him.

The Noble Quraan refers to this bond of brotherhood in the following words:

"Certainly, those who believed and emigrated (to Madinah) and strove in the path of Allah with their property and persons as well as those who gave the asylum and aided them; they are heirs and protectors of one another."

b) Discretionary, Inheritance: This was later abrogated and replaced by a discretionary inheritance to blood relations. The Noble Quraan states:

"And blood relations among each other are more entitled (to inherit) according to the decree of Allah then the (brotherhood) of believers and the Muhajir."

The Noble Quraan further states: "It is Prescribed that when death approaches one of you, if he leaves any assets, that he makes a bequest to parents and next of kin, according to reasonable usage. This is binding upon the Allah conscious.

c) Abolition of inheritance by virtue of adoption: Adopted children were no longer regarded as blood relations and were therefore barred from inheriting. The Noble Quraan states: "Allah has made your adopted sons your (real) sons. Such is only your manner of speech."

d) Ordained Shares: Discretionary shares were abrogated and replaced by fixed shares for every heir. The Noble Quraan states "From what is left by parents and those nearest related, there is a share for men and a share for women, whether the property be large or small. A share made compulsory."

This verse elucidates three basic principles: "Those nearest related" – The criteria for determining the legal heirs and their proportionate shares is "proximity of relation". This proximity is not left to the subjective discretion of man, but is determined by Allah Ta'ala Himself. The Noble Quraan states "Between your fathers and sons you do not know which one of them is nearer to you in benefit…"

Any, attempt to alter the heirs of their fixed shares is tantamount to challenging the wisdom and directive of Allah Ta'ala.

"A share for men and a share for women" – During the days of ignorance, only those who could fight and defend the family were entitled to inherit. Women and children were thus naturally excluded from the estate. Islam entrenched the right of women, to the extent that a woman is guaranteed to inherit in her capacity as a mother, wife and daughter and in some instances in her capacity as a sister.

"A share made compulsory" – The Quraan has fixed the shares of each individual, which cannot be altered or changed. The share of each heir is binding in the same way as the number of Rakaats are binding in Salaah.

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2 Comments

  1. shireen nanabhai

    When the husband passes away leaving a wife and girl children why are the husbands sisters entitled to a share especially when they are not widowed divorced or in any financial difficulty also have capable husbands and grown sons who can provide for them whereas the wife now a widow and has no sons who can provide for her

    The direct heirs are his wife and children

    Reply
  2. Zunaid

    If a person has been given the responsibility to hand over whatever was left on the Dunia to a specific person and the e.g mother passed on and asked eldest sister to hand over what was left by her on the Dunia to her son including money but this has not been done in accordance to the mother’s wish. What can be done to have such a matte resolved?
    My sister has left some money for her son as inheritance and asked my elder sister to hand it over to her son after her demise in January 2023 but to date a large amount of the money has not been paid or given to him as it was supposed to and everytime someone tries to take it up with the elder sister they are not given an explanation or an answer as to why or when the money will be paid. At first she gave different stories about the money and when it will be paid and when the time or day she said the payment was due she misteriously went quiet and is now completely off the radar with everyone of the family. Numerous attempts has been made to contact her but to no avail. Text messages and WhatsApp messages are not replied to although it shows it has been delivered. It has become almost clear that the money is no longer there but no one knows what has happened to it and no one can ask as she is now not available and won’t answer calls or messages. This is becoming a nightmare in and amongst family members and some are even planing to take legal action. It’s my wish that we get to the bottom of the matter without any legalities and rather have the matter settled out of court but we cannot get my elder sister to answer and she is just not willing to take any responsibility to atleast answer anyone regarding the money that was supposed to be paid to my nephew. Please assist us in how to go about dealing with the matter? Can we ask an Imaam or someone to approach her somehow or can radio islam make contact with her and somehow get answers. Please assist us as what is happening is wrong and we are battling to get answers from her and we don’t want to go the legal route and have arrests and so on to take place after all we are family but it seems like without any alternative help it probably is all that will be left to do.

    Reply

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