Sunday, December 9, 2012

THE QURANIC RULING ON INHERITANCE


Assalam oalaikum,

There are several verses in the Holy Quran related to inheritance. They provide the necessary guidelines for the Islamic rulings on law.
I shall discuss all the relevant verses in this post in a lucid way.
“There is a share for men and there is a share for women from what is left by parents and those nearest relatives, whether the property be small or large-a legal share.”  (TMQ-4:7)
During the Jahilliyah period, the women and children were deprived of their share in inheritance. All the property was inherited by men who used to protect their tribes. In this verse Allah (swt) says the like men, the womenfolk and children will also inherit a portion of the wealth of their parents and relatives.
“And when the relatives and the orphans and the Al-Masakin (the poor) are present at the time of division, give them out of the property and speak to them words of kindness and justice.” (TMQ-4:8)
This verse imparts a very important moral instruction for those who inherit wealth. If the relatives, who may not be entitled to inherit, or orphans and poor people are present at the time of distribution, they should also be granted some of the wealth. The inheritors should speak to them kindly and not arrogantly on seeing wealth come their way.

“And let those (executors and guardian) have the same fear in their minds as they would have for their own, if they had left weak offspring behind. So let them fear Allah and speak right words.” (TMQ-4:9)
Those who inherit wealth are being advised by Allah (swt) in this verse that they should treat the orphans in the same way in which they would like their own children to be treated if they left them behind in this world. Those who are present near the one who is about to die should give the him, i.e. the testator the right advice so that he spends what is due on him, in the way of Allah (swt). If he is wealthy then he should bequeath one-third of his wealth amongst his needy and poor relatives. Or else he can also grant it for some Islamic mission or center so that he may get Allah’s Bounties and Mercy in the Aakhrah. In case the testator is not affluent then it is the responsibility of those present near him to stop him from bequeathing one-third of his property for charity lest his heirs get stuck in the throes of poverty.    

In my next post, I shall discuss the remaining verses related to the law of inheritance, including the Al-Mawarith verses which give us an in-depth explanation regarding the beneficiaries and their shares in inheritance.
Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

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