Cite this article as: Sani, A-U. (2024). Islamic inheritance laws: A timeless guide to fairness and equity. https://english.amsoshi.com/2024/11/islamic-inheritance-laws-timeless-guide.html
Abu-Ubaida SANI
Department of Languages and Cultures,
Federal University, Gusau, Zamfara State, Nigeria
Email: abu-ubaidallah@fugusau.edu.ng | abuubaidasani5@gmail.com
Site: www.abu-ubaida.com | www.amsoshi.com
WhatsApp: +2348133529736
ISLAMIC
INHERITANCE LAWS: A TIMELESS GUIDE TO FAIRNESS AND EQUITY
The concept of inheritance in Islam is one of the most
detailed and precise aspects of the religion, embodying values of fairness and
justice established over 1,400 years ago. The Islamic inheritance system is
designed to ensure that the distribution of a deceased person’s estate is
handled equitably, supporting family members and promoting a balance between
responsibilities and rights. The laws are laid out in the Qur’an, a book
believed by Muslims to be the literal word of God, which has remained unchanged
since its revelation. The Qur'an not only specifies the proportions but also
ensures that each heir is treated with fairness based on their relationship to
the deceased.
In this post, we’ll look at an example inheritance
distribution according to Islamic law, highlighting the clarity, equity, and
wisdom that these rules bring to the distribution of wealth.
The Heirs and Their Shares
Let’s examine the case of a man who passes away, leaving
behind the following heirs:
- Father
- Mother
- Wife
- Son (male child)
- Daughter (female child)
According to the Qur’an, each of these family members has a
specific share in the estate. The following verses in Surah An-Nisa (Chapter
4), specifically verses 11 and 12, provide detailed guidance on how inheritance
should be distributed:
1. Qur’an 4:11:
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَـٰدِكُمْ ۖ لِلذَّكَرِ
مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءًۭ فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ
ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةًۭ فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ
لِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌۭ ۚ فَإِن
لَّمْ يَكُن لَّهُۥ وَلَدٌۭ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن
كَانَ لَهُۥٓ إِخْوَةٌۭ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِى بِهَآ
أَوْ دَيْنٍۢ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ
نَفْعًۭا ۚ فَرِيضَةًۭ مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا
Translation: “Allah instructs you concerning your
children: for the male, a portion equal to that of two females. But if there
are only daughters, two or more, they share two-thirds of the inheritance. If
there is only one daughter, she will have half. For parents, each one of them
receives a sixth of the inheritance if the deceased has children. If he had no
children and his parents are the only heirs, then his mother receives a third.
If he has siblings, his mother receives a sixth. [This distribution is] after
payment of any bequests or debts. You do not know which of your parents or your
children are nearest to you in benefit. [These fixed shares are] an obligation
from Allah. Indeed, Allah is ever Knowing and Wise.”
2. Qur’an 4:12:
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن
لَّمْ يَكُن لَّهُنَّ وَلَدٌۭ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌۭ فَلَكُمُ ٱلرُّبُعُ مِمَّا
تَرَكْنَ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِينَ بِهَآ أَوْ دَيْنٍۢ ۚ وَلَهُنَّ ٱلرُّبُعُ
مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌۭ ۖ فَإِن كَانَ لَكُمْ وَلَدٌۭ فَلَهُنَّ
ٱلثُّمُنُ مِمَّا تَرَكْتُم مِّنۢ بَعْدِ وَصِيَّةٍۢ تُوصُونَ بِهَآ أَوْ دَيْنٍۢ
ۗ وَإِن كَانَ رَجُلٌۭ يُورَثُ كَلَـٰلَةً أَوِ ٱمْرَأَةٌۭ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌۭ
فَلِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ
شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِّنۢ بَعْدِ وَصِيَّةٍۢ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ
مُضَآرٍّۢ ۚ وَصِيَّةًۢ مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌۭ
Translation: “And for you is half of what your
wives leave if they have no child. But if they have a child, for you is
one-fourth of what they leave, after any bequest they [may have] made or debt.
And for the wives is one-fourth if you leave no child. But if you leave a
child, then for them is an eighth of what you leave, after any bequest you [may
have] made or debt. And if a man or woman leaves neither ascendants nor
descendants but has a brother or a sister, then for each one of them is a
sixth. But if they are more than two, they share a third, after any bequest
which was made or debt, as long as there is no detriment [caused]. This is an
ordinance from Allah, and Allah is Knowing and Forbearing.”
These verses make it clear that when a person leaves behind
both parents, a spouse, and children, the shares are precisely allocated to
ensure that each family member receives a fair and divinely-ordained portion of
the estate. The Qur’an’s guidance on inheritance reflects a profound balance
between responsibility, familial care, and equity.
Practical Example: A 48 Million Naira Estate
To illustrate how this works in practice, let’s say the
deceased left behind an estate valued at 48 million naira (or any currency, as
these ratios apply universally). According to Islamic inheritance laws:
Step 1: Initial Division for Parents and Spouse
The estate is divided into specified shares for the parents and spouse before any remaining balance is distributed to the children:
Adding up the portions given to the parents and the wife, we
get:
Step 2: Remaining Balance for Children
After distributing the shares to the father, mother, and
wife, we are left with:
48 million − 22 million = 26 million naira
This remaining amount is to be shared between the son and
daughter. According to Islamic inheritance law, sons receive double the share
of daughters. This is based on the responsibility placed upon sons in Islamic
law, where they have an obligation to provide financially for the family, while
daughters are not required to do so. Therefore, the 26 million naira will be
divided in a 2:1 ratio between the son and daughter:
Summary of Distribution
Here’s a breakdown of how the 48 million naira estate would
be divided among the heirs:
- Father: 8 million naira (1/6 of the estate)
- Mother: 8 million naira (1/6 of the estate)
- Wife: 6 million naira (1/8 of the estate)
- Son: 17.33 million naira (2/3 of the remaining
balance after parents’ and wife’s shares)
- Daughter: 8.66 million naira (1/3 of the remaining
balance after parents’ and wife’s shares)
Each family member’s entitlement is provided in the Qur’an,
ensuring that no one is excluded or overlooked, regardless of their role in
society. This structured allocation reflects Islam’s approach to balancing
familial rights with financial responsibilities.
The Wisdom Behind the Division
Islamic inheritance laws emphasize social responsibility and
the welfare of family members, embodying several principles:
1. Justice and Fairness: Each individual has a
guaranteed share, minimizing disputes and ensuring a fair distribution.
2. Responsibility-Based Shares: The allocation takes
into account the financial responsibilities each family member carries in
Islam. For example, men generally receive more because they are obligated to
financially support their families, including their wives and children.
3. Protection for Women: Islamic inheritance law is
often misunderstood as favoring men over women, but it actually provides women
with security and financial independence. While daughters receive half the
share of sons, they are not obligated to spend their inheritance on the family,
unlike male heirs.
4. Preservation of Wealth: By dividing the estate
among multiple heirs, the law discourages wealth from becoming concentrated in
the hands of a single individual, promoting broader wealth distribution within
the family and community.
A System Rooted in Divine Guidance
The Qur’anic guidelines on inheritance were revolutionary
for their time, granting women specific inheritance rights at a time when such
rights were virtually non-existent. Islam's inheritance laws were revealed as a
form of divine guidance through Prophet Muhammad (peace be upon him) and are
still relevant today, as they provide a clear and structured approach to wealth
distribution that respects each person’s rights.
Comparison with Other Systems
If we look at other legal systems or cultural inheritance
practices, we find substantial differences:
1. Western Legal Systems: In many Western countries,
inheritance is subject to a will, where the deceased can choose to allocate
assets as they wish. In cases of intestacy (where there is no will), the state
often follows a standard distribution model that may not cater specifically to
family dynamics or responsibilities.
2. Traditional or Customary Practices: In some
cultures, inheritance is typically patrilineal, with property passed
predominantly through male heirs. This can sometimes result in female heirs,
especially daughters and wives, receiving little or no inheritance, depending
on local customs.
3. Evidence of Equity in Islamic Law: The Islamic
inheritance laws are detailed and fixed in scripture, meaning they are not left
to the discretion of individuals. This provides a uniform approach across
cultures and countries where Muslims reside, and it ensures protection for
vulnerable family members. The Qur’anic approach is both spiritually and
socially holistic, considering both worldly needs and the preservation of
family ties.
Concluding Reflection
Islamic inheritance laws offer a blend of mercy, justice,
and wisdom, designed to protect the rights and welfare of family members left
behind. The prescribed shares in the Qur’an serve as an eternal example of
balance, ensuring that no one is unfairly excluded from their rightful share
and that wealth is fairly distributed.
The timelessness of this system is a testament to its divine
origin, as Muslims believe, and serves as a source of faith and inspiration.
Sharing this knowledge reminds Muslims of the beauty of their faith, while also
demonstrating to non-Muslims the unique, structured fairness of the Islamic
inheritance system.
By reflecting on and understanding these principles, we gain
insight into the wisdom of Islam’s teachings on family, responsibility, and
wealth distribution, which are as relevant today as they were 1,400 years ago.
Muslims are encouraged to reflect on the wisdom and equity
embedded in Islamic inheritance laws and to appreciate the protection these
laws afford to family members. For non-Muslims, this example may provide a
fresh perspective on how Islam considers both social justice and the
preservation of family harmony, illustrating the faith's deeply ingrained
values of care, responsibility, and fairness.
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