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Inheritance

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

 

One of our brothers has asked these questions:

What are the rights of a son with respect to inheritence? Can a father assign a will to any one child ? Are our shaira laws recognised by the court of law ?

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our brother for circulation in confidentiality.)

 

Answer:

 

Inheritance

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and who-ever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your comment: What are the rights of a son with respect to inheritence?

This depends on who else among the family of the deceased is alive. Ill try to give a couple of examples:

Example a: Deceased had 1 son, a wife, a mother, and a father. The shares

would be as follows:

The father gets 1/6th.

The mother gets 1/6th.

The wife gets 1/8th.

All the rest goes to the son.


 

Example b: Deceased had 1 son, a wife, and no parents. The shares will be as

follows:

The wife gets 1/8th

The son gets all the balance 7/8th.

 

Example c: Deceased had 1 son, no wife and no parents. The shares will be as

follows:

The son gets all the wealth.

 

Example d: Deceased had 1 son, 1 daughter, no wife and no parents. The shares

will be as follows:

The Daughter gets 1/3rd.

The Son gets 2/3rd.

 

Thus it depends on the combination of the living heirs of the deceased to determine exactly how much inheritance goes to each heir.

 

Your comment: Can a father assign a will to any one child ?

A father cannot assign a will to any one child under any circumstances. The Islamic inheritance law is extremely clear in the Holy Quran, and anyone who tries to play or change the inheritance of the heir will be involved in a grave sin and will be accountable to Allah on the Day of Judgment.

After clearly stating the inheritance law in Chapter 4 Surah Nisa verses 11-12, Allah says regarding the rewards and punishments of the ones who do and do not follow the laws prescribed by Allah in the Quran.

 

Allah says in the Holy Quran Chapter 4 Surah Nisa verses 13-14: These are the limits prescribed by Allah: whoever obeys Allah and His Messenger, Allah will admit him into the Gardens underneath which canals flow, wherein he will live for ever. This is the great success. And whoever disobeys Allah and His Messenger and transgresses the limits prescribed by Allah, Allah will cast him into the Fire, wherein he shall abide forever, and shall have a disgraceful chastisement.

 

In Islam, a person cannot disown a child or any heir to keep him away from his inheritance under any circumstances.

 

The maximum amount a person can will is 1/3rd of his wealth. This maximum 1/3rd can be willed to anybody who is not a heir of the person.

 

Your comment: Are Our shaira laws recognised by the court of law ?

This would depend on the country you are residing in. Some countries allow the personal law of Islam to be implemented, while most other countries have their own set of personal laws. It is incumbent upon a believer to always put Islam and Islamic laws over and above any other man-made laws of this world. In countries where the Islamic sharia law is not recognized, one must make a will exactly in line with the Islamic sharia law of inheritance, so that his wealth is distributed according to the law of Allah.

 

 

May Allah guide you and us all to the Siraat al-Mustaqeem

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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