Inheritance - An Islamic Obligation
This article discusses the pre-Islamic era and the norms of distributing inheritance alongside the legislation of Islam regarding inheritance. It emphasises the importance of learning and implementing this sacred science. Inheritance is a topic that many people shy away from. It distinguishes those who are deserving of inheritance from those who have a right to it and serves as a stern warning to those who abuse their power and status.
The term utilised for inheritance in Islam is al-Mirath (الميراث). The science under which inheritance is discussed is called al-Faraid (الفرائض).
It is defined as:
Linguistically: Al-Fardh means “appointing”, as Allah ﷻ states in the Quran:
فَنِصْفُ مَا فَرَضْتُمْ
Half of what was appointed for them (2:237)
Terminologically: This refers to a science of jurisprudential and fractional principles by which the right of every inheritor is known.
Inheritance Pre-Islam and Its Legislation
Pre-Islam inheritance was based either on the lineage (nasb) or a vow (‘ahd). Regarding lineage, two groups would not inherit: the young and the females. If a person was killed, the closest eldest male would usurp his wealth as a type of ‘spoils of war’.
As for vowing, two males would pledge to one another ‘My blood is your blood, my inheritance is your inheritance.’ Whoever from the two would pass away first would inherit from the other.
These two types of inheritance would often omit the immediate family of the deceased from any right over the wealth to which they were entitled. Allah ﷻ sent His final Messenger ﷺ to this community in order to rightfully distribute the inheritance. This was practised after the following incident:
Sa’d b. ar-Rabi was martyred, leaving two sons, a wife and a brother. His brother took all of his wealth. Because of this, his wife went to the Messenger of Allah ﷺ and complained, ‘O Messenger of Allah ﷺ! These are the two sons of Sa’d! Sa’d was killed and their uncle took their wealth.’
The Messenger of Allah ﷺ said, ‘Return! Hopefully, Allah will soon judge concerning this matter.’ Sa’d's wife then returned after some time, crying, and Allah revealed the verses of inheritance in Surah An-Nisa, verse 11. The Messenger of Allah ﷺ then called the uncle and ordered him to give two-thirds to his nephews, and an eighth to their mother, and the remaining wealth was for himself.’
This is recorded to have been the first distribution of inheritance in Islam and the cause for the verses of inheritance to have been revealed upon the Messenger of Allah ﷺ.
The Wealth of the Deceased and Its Division
The wealth of the deceased is split into four categories:
Burial, shrouding and funeral
Debts
Will
Inheritance
It is in this order that the wealth of the deceased takes precedence in distribution. Note: Due to the inheritance legislation, the will is classed as a recommended act and its division cannot exceed one-third of the total wealth of the deceased.
The Inheritors and Their Types
The Shari’ah (Islamic Law) has appointed specific types of people to inherit from the deceased. These categories are based on those who are closest to the deceased. The Shari’ah also takes into consideration those who have no inheritors and those who are prohibited from inheriting from Muslims. Below are seven categories of inheritors following the Shariah.
Ashab al-Fara’id: They are those people who have a stipulated amount in the Quran
al-Asabat an-Nasabiyyah: They are those people who inherit what has remained from the wealth after the wealth has been given to the above category. If there is no one from the above category from the deceased’s family, such an inheritor will inherit all of the wealth stipulated for inheritance. These inheritors are related to the deceased via a direct lineage.
Al-Asabat as-Sababiyyah: They are those people who have been freed by the deceased from slavery. If such a person has passed away, his family will inherit the wealth.
Dhu al-Arham: Those who were the closest to the deceased but are not from the above categories. For example, every relative who has not been assigned a position and is not a residuary.
Mawl al-Mawalah: This refers to a person to whom the deceased says, ‘when I die, you will inherit from me’
Those to whom the deceased bequeathed their wealth.
Bait al-Mal: The Muslim treasury.
The Disappearance of This Knowledge at the End of Times
The Prophet ﷺ said,
‘Learn al-Fara’id and teach it to the people for it will be the first (knowledge) to be uplifted from my nation.’ (Ibn Maja, 2719)
Learning and disseminating this knowledge is emphasised by the Prophet ﷺ, due to its difficult nature, many abandon its rights, but it is sufficient enough for the Prophet ﷺ to have mentioned its virtue by ordering its study.
Half of All Knowledge
No one can doubt the vast spectrum of knowledge; the ocean of Shariah is never-ending, offering something new to learn every day. Such is the Prophetic inheritance. The Prophet ﷺ when describing this knowledge of inheritance makes apparent its great stature amongst the sciences of the Shariah:
‘Learn al-Fara’id and teach it to the people, for indeed, it is half of all knowledge.’ (Ibn Maja, 2719)
What does it mean for it to be half of all knowledge?
Commentating on the above, the scholars explain that this knowledge is considered half of all knowledge for the following reason: the rulings of Shariah pertain to the living, while this science discusses those who have passed and relates to the affairs of the hereafter (as the deceased is no longer in this mortal world). For this reason, this science is regarded as half of all knowledge.
To Implement or to Abandon?
After mentioning the portions of the inheritors in verses 4:11-4:12, Allah ﷻ revealed two further verses that highlight the importance of abiding by His laws and obeying His commands. The outcome of this is eternal bliss in Paradise.
تِلْكَ حُدُودُ ٱللَّهِ ۚ وَمَن يُطِعِ ٱللَّهَ وَرَسُولَهُۥ يُدْخِلْهُ جَنَّـٰتٍۢ تَجْرِى مِن تَحْتِهَا ٱلْأَنْهَـٰرُ خَـٰلِدِينَ فِيهَا ۚ وَذَٰلِكَ ٱلْفَوْزُ ٱلْعَظِيمُ
These are the bounds set by God: God will admit those who obey Him and His Messenger ﷺ to Gardens graced with flowing streams, and there they will stay - that is the supreme triumph! (Quran, 4:13)
As well as mentioning the reward of obeying Him and His Messenger ﷺ, Allah ﷻ also warns those who disobey Allah and His Messenger ﷺ by wrongfully crossing the boundaries he has set for mankind. The outcome of this is an eternal hellfire.
وَمَن يَعْصِ ٱللَّهَ وَرَسُولَهُۥ وَيَتَعَدَّ حُدُودَهُۥ يُدْخِلْهُ نَارًا خَـٰلِدًۭا فِيهَا وَلَهُۥ عَذَابٌۭ مُّهِينٌۭ
But those who disobey God and His Messenger and overstep His limits will be consigned by God to the Fire, and there they will stay - a humiliating torment awaits them! (4:14)
Indeed, Allah ﷻ is the Most Just and His justice will always prevail. We beseech Allah the Almighty to aid us in following His laws and grant us the ability to stay away from the limits He has tasked us with. Amin.
Written by Ustadh Umer Asif
Bibliography
Mafatih al-Gayb, Razi
al-Bahr ar-Ra’iq, Ibn Nujaym
as-Sirajiyyah, as-Sajawandi
ad-Dur al-Mukhtar, al-Haskafi
