Laws of Inheritance According to the Qur'an
Assalamu alaykum #smarthalalinvestors. Trust you're well. Two weeks ago, we promised to talk about the laws of inheritance according to the Qur’an and here it is.
Islam imposes an obligation upon Muslims to write a will to ensure wealth is distributed following Islamic principles.
The foundation for the inheritance scheme is outlined in several verses in the Quran.
Also, the Sunni schools of jurisprudence have mostly reached a consensus as to how to interpret those specific verses on inheritance.
A common thread concerning Islamic inheritance laws is that the rules are not easy to understand and apply. The knowledge of experts is required in the matter of creating an Islamic Will
Some of the Laws of Inheritance According to the Qur'an
The laws of inheritance as laid out by the Quran establish the foundation for an equitable disbursement of assets. These laws are primarily in Surah Nisa’a, chapter 4 of the Quran.
Most inheritance laws in the Quran come from Surah Nisa’a (chapter 4). The verses describe the inheritance rights of the descendants (children) and ascendants (parents).
Today, we will focus on verse 11 of Surah Nisa’a. Allah says:
Allah decrees a will for your children; the male gets twice the share of the female. If the heirs are women, more than two, they receive two-thirds of the estate. If only one daughter is left, she gets one-half. The parents of the deceased are each entitled to one-sixth if he has left offspring. If he left no children and his parents are the only heirs, his mother gets one-third. If he has siblings then his mother gets one-sixth after the fulfilment of any will the deceased has left and after the payment of all debts. Your parents or your children – you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.
The following inheritance rules can be derived from verse 11:
Sons receive twice the inheritance share of daughters.
If the sole children are two daughters, they can inherit two-thirds of the estate.
If there is only one daughter, she receives half the inheritance.
If parents are alive, they each have an entitlement to one-sixth of the inheritance if there are children.
If there are no children and the parents are sole heirs, the mother receives one-third and the father takes the remainder.
If there are no children, but the deceased has siblings, then the mother received one-sixth.
All of this is contingent upon what remains after payment of funeral costs and debts.
What are the Obligations and Benefits of Creating a Will?
Creating an Islamic Will is a serious obligation
A famous hadith in Sahih Al Bukhari indicates that a believer “should not let two nights pass without writing a will about it.” The Prophet, peace be upon him, thus stressed the importance of having a will.
Creating an Islamic will also allow the testator to depart with justice and possibly rectify past mistakes. Another hadith of Prophet Muhammad, peace be upon him, states that:
A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the fire. If (on the other hand), a man acts wickedly for seventy years but is just in his last will, the goodness of his deed will be sealed upon him, and he will enter the garden.
It ensures you are following Islamic laws
It is important to write an Islamic will, so you can explicitly state that you want your wealth to be distributed according to Islamic law, not conventional law.
There will be a clear record of your finances
There are two types of finances you need to set out in your will: assets and liabilities.
Simply put, assets are what you own and liabilities are what you owe. It is your responsibility to ensure that what you own will provide for your loved ones, while what you owe is cleared up as quickly as possible after you pass away.
You can ensure your loved ones are provided for
By recording all your assets and minimising legal costs, you will be helping your loved ones - especially those who are dependent on you.
Sa’d (ra) reported, ’The Prophet (saw) visited me while I was ill in Makkah. I said, “I have some wealth. May I donate all of it?” The Prophet said, “No”. I said, “Half of it?” The Prophet said, “No”. I said, “A third of it?” The Prophet said, “Yes, a third - but this is still too much. That you leave your inheritors wealthy is better than leaving them dependent, begging for what people have.
In conclusion, Islamic inheritance laws can be complicated and unwieldy when applied to a given fact pattern. Additionally, you may not know if you have applied all of the necessary rules.
Contact Ridwan, ridwan@muslimfinancecoach.com today to discuss your Islamic will.
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