By Bilal Naeem
I recently attended a family wedding. While some of us were standing with the brother of the bride, he began to talk about how much money had been spent on the wedding and dowry. He then casually mentioned that the wedding expenses counted as the settlement of her inheritance.
Now, their family has multiple businesses, countless plots, and are so rich you would be hard put to assess their finances.
The brother must have caught the shocked look on our faces and quickly defended what he had said. He justified his actions on the premise that they had settled their sister well and she is not involved in running the business now nor would be in the future.
This gentleman belonged to the supposedly well-informed, educated class among us who, unfortunately, not only have been unable to shake off misogynistic ideals but also refuse to understand and apply the rules of inheritance as prescribed by Allah (swt).
The essence of this flawed perception is the thinking that whatever we have earned belongs to us, instead of the understanding that this wealth is from Allah (swt). It is an Amanah from Him so we must follow His guidance and ruling as to its use and distribution.
Why should I learn about inheritance laws?
It is our responsibility to acquire knowledge on all Islamic matters to avoid involuntary sins. In the case of inheritance, even more care is required as it entails the financial rights and obligations of our fellow Muslims that could have far-reaching effects on future generations. Although we live in an Islamic Republic, some of our state’s own laws may not be in agreement with Islamic laws and therefore we need to educate ourselves and be vigilant.
As reported by Abu Dawood on the authority of ‘Abdullaah ibn ‘Amr, may Allah be pleased with him, the Prophet ﷺ said: “Three things are essential to learn, and what is beyond them is just favorably optional: a precise (Quranic) Verse, a standing Sunnah or a just prescribed obligatory share (of inheritance).”
Why should I respect inheritance laws?
“It is not for a believing man or a believing woman, when Allah and His Messenger have decreed a matter, that they should (thereafter) have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into a clear error.” (Al-Ahzab 33:36)
This Ayah comprehensively deals with the issue of respecting the laws set by Allah (swt). Despite knowing the Islamic rulings, we consider our circumstances unique and therefore would rather divide our inheritance in whatsoever way we deem fit without regard for the limits prescribed by Allah (swt). Often, assets are distributed prior to death to avoid any potential conflict. It is also common for people to make a ‘Wassiyah’ (will) and distribute all their wealth as they please. Unfortunately, both actions are unacceptable in the light of Shariah.
What is the foundation of inheritance laws?
As mentioned above, a common misconception many people have is that you can make a will for your entire property much like the system in the West, whereby a will covers post death distribution and bequests.
Islam divides inheritance into two distinct parts:
- Obligatory: This is the Fard that covers at least two thirds of the total inheritance. The rules for the distribution of this portion are fixed in the Quran and Hadith as per the circumstances of the family.
- Wassiyah: The second portion is the will that allows you to distribute any of your property to any individual or organization/ fund that is not your Islamically identified inheritor. This portion cannot exceed one third of the total inheritance.
Where can one comprehensively learn about laws governing inheritance?
There are many resources available online but finding an authentic source can be a challenge.
For self-study and reference purposes, check out the Da’wah Books section on Death and Inheritance covered under the broader category of Family Matters. In Urdu, the comprehensive Wirasat kay Masail covers a broad range of matters concerning this topic. Also consider enrolling yourself in a course by a renowned scholar explaining the fundamentals of this Fiqh.
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