Inheritance in an integral part of Islamic Shariah Law and its application in Islamic society is a mandatory aspect of Divine teaching of Islam. Muslim inherits from each other is proven from Quran:
“4:7 There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share.“ [An-Nisa 4:7]
Hence, there is a legal share for relatives of the deceased in his estate/property. When a person dies there are four rights that needs to be performed his property:
Right # 1: Pay his/her funeral and burial expenses
Right # 2: Pay his/her debts
Right # 3: Execute his Will/bequest (max 1/3 of his/her property)
Right # 4: Distribute remainder of his/her estate/property according to Islamic Shariah Law
With relates to the inheritance, Mohammad said:
Narrated Ibn 'Abbas: “The Prophet said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased."” [Sahih al-Bukhari][1]
With relates to will/bequest, Mohammad said:
Narrated Abdullah bin Umar: Allah's Apostle said, "It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him." [Sahih al-Bukhari][2]
Background
In historical context, within Arabian Peninsula prior to Islam, the system of inheritance was confined to male agnates (Asabah) relatives of the deceased. Women not only didn’t have any share in inheritance, they themselves were inheritable. Siblings from mother side were also completely excluded (i.e. half-brother/sisters from mother’s side).
The Quranic verses on inheritance introduce new set of heirs. Quran mentioned nine relatives specifically, of which six were female and three were male. Quran also include other male relatives like husband and half-brothers from mother’s side, which were excluded from inheritance in old customs.
Quran elevated the position of women by identifying their share of entitlement in clear terms and provided women security and safeguard in the society.
Quran didn’t explicitly mention the share of male agnate relatives, such as of Son, but it provided the rule that males share is twice as of female share of same level, i.e. if deceased has both boys and girls, boys share is twice of girls. This Quranic injunction is fully understood and appreciated when one looks at entire Shariah law of which inheritance law is a part, and that Allah has bestowed the responsibility and accountability on men to provide safety, protection and sustenance to their women[Quran 4:34].
Quran, Chapter 4:34 – An-Nisa [The Women] - “4:34 Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means.”. Mawdudi explained: “A qawwam or qayyim is a person responsible for administering and supervising the affairs of either an individual or an organization, for protecting and safeguarding them and taking care of their needs.” [Tafheem]
In additional, Quran imposed a restriction on testamentary powers of a Muslim to dispose of his property. Muslim can only give out max of 1/3 of their property/estate in their will[Quran, Verses 2:180-182, 2:240, 4:33, 5:106-107].
Importance of Inheritance Law in Islam
These rules of Inheritance in Islam are fundamental and mandatory part of Islamic Shariah law and Elm (Knowledge) that are part of Elm-Faraid (علم الفرأض), the means “Science of Inheritance Shares”. The word al-Faraid (الفرأض) is plural form of al-Faridah (الفريضة), which means something made obligatory by Allah (swt).
Learning the science of al-Faraid is obligatory on a Muslim Community and fulfill the order of Allah (swt) with relates to inheritance.
Abu Hurairah reported that Mohammad said: “O Abu Hurairah, learn Fara’id (the shares of the inheritance that are prescribed in the Quran) and teach it to them. Indeed it is half of the knowledge.” [Sunnan Ibn Majjah ][3]
Abdullah bin Abbas reported that Mohammad said: “Give the Fara’id (the shares of the inheritance that are prescribed in the Quran) to those who are entitled to receive it. Then whatever remains, should be given to the closed male relative of the deceased.”[Sahih Al-Bukhari][4]
Definition
Will (وصية) vs Inheritance (ميراث): In Islamic Law, the inheritance from the deceased person is defined by Shariah Law. However, a person is entitled to make his own will for 1/3 of his wealth/assets. Hence:
A. Inheritance: 2/3 of wealth/assets are distributed based on Shariah Law. This is called (ميراث)
B. Will: 1/3 of wealth/assets are distributed based on Person’s Will, if he chooses to write his will. This is called “Al-Wasiyyah” (وصية).
Shariah has placed two restrictions on Testator (موصي, one who make Will وصية):
1. Firstly, to whom he can bequeath his wealth/assets
2. Secondly, the amount that he can bequeath (which is 1/3 of overall)
It is important for Muslims to write their wills, as Mohammad said:
Narrated Abdullah bin Umar: Allah's Apostle said, "It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him." [Sahih al-Bukhari]
Women and inheritance
In Islam, women are entitled the right of inheritance,[5] but often a woman's share of inheritance is less than that of a man's.
In general circumstances, Islam allots females half the inheritance share available to males who have the same degree of relation to the deceased in some (though not all) circumstances. For example, where the deceased has both male and female children, a son's share is double that of a daughter's.[6] Additionally, the sister of a childless man inherits half of his property upon his death, while a brother of a childless woman inherits all of her property.[7]
Islamic scholars hold that the original reason for this difference is the responsibilities alloted to spouses. A husband in Islam must use his inheritance to support his family while a wife has no support obligations. Also, men had to pay the dowry to women in marriage while women did not have to pay anything to men. [8] [9]
The Qur'an does not discriminate between men and women in cases of kalalah relation.[10][11] Kalalah describes a person who leaves behind neither parents nor children; it also means all the relatives of a deceased except his parents and children, and it also denotes the relationships which are not through [the deceased’s] parents or children.
Other Scholars Views on Islamic Inheritance
Professor Almaric Rumsey (1825-1899) from King's College, University of London, wrote in one of his many legal books, "[the Muslim law of inheritance] comprises beyond question the most refined and elaborate system of rules for the devolution of property that is known to the civilised world."[12]
Recently, the director of the Indonesian Ministry of Islamic Religious Affairs[13], Nasruddin Umar, who is also a professor at the Indonesian Universitas Islam Negeri[14] and known for a modern interpretation of the Qur'an, has declared that Islam, and thus the Qur'an, supports to divide inheritance between male and female descendants at a ratio of 1:1.[15] His views were protested against by traditional Muslims.
Role in Islamic Mathematics
The Islamic law of inheritance served as an impetus behind the development of algebra (derived from the Arabic al-jabr) by Muhammad ibn Mūsā al-Khwārizmī, the founder of algebra, and other medieval Islamic mathematicians. Al-Khwārizmī's Hisab al-jabr w’al-muqabala, the foundational text of algebra, devoted a chapter on the solution to the Islamic law of inheritance using algebra. He formulated the rules of inheritance as linear equations, hence his knowledge of quadratic equations were not required.[16]
Al-Hassār, a mathematician from the Maghreb (North Africa) specializing in Islamic inheritance jurisprudence during the 12th century, developed the modern symbolic mathematical notation for fractions, where the numerator and denominator are separated by a horizontal bar. The "dust ciphers he used are also nearly identical to the digits used in the current Western Arabic numerals. These same digits and fractional notation appear soon after in the work of Fibonacci in the 13th century.[17]
In the 15th century, Abū al-Hasan ibn Alī al-Qalasādī, a specialist in Islamic inheritance jurisprudence, developed a mathematical notation for algebra which took "the first steps toward the introduction of algebraic symbolism." He represented mathematical symbols using characters from the Arabic alphabet.[18]
See also
References
- ^ Sahih al-Bukhari, Volume 8, Book 80 Laws of Inheritance (Al-Faraa'id), Number 724:
- ^ Sahih al-Bukhari, Volume 4, Book 51 Wills and Testaments (Wasaayaa), Number 1
- ^ Sunnan Ibn Majjah, Book “Al-Fara’id”
- ^ Sahih al-Bukhari, Volume 8, Book 80 Laws of Inheritance (Al-Faraa'id), Number 724
- ^ "From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share."Sura 4:7[1]
- ^ Qur'an, [Qur'an 4:11].
- ^ Qur'an, [Qur'an 4:126]
- ^ Javed Ahmed Ghamidi, Mizan, The Islamic Law of Economics, Al-Mawrid
- ^ Tafsir Nemooneh, Sura Nisa, v.12
- ^ "If a man or a woman is made an heir on account of his [or her] kalalah relationship [with the deceased] and he [or she] has one brother or sister, then the brother or sister shall receive a sixth, and if they be more than this, then they shall be sharers in one-third, after payment of any legacies bequeathed and any [outstanding] debts – without harming anyone. This is a command from God, and God is Gracious and All-Knowing." Qur'an, [Qur'an 4:12].
- ^ "People ask your pronouncement. Say: God enjoins you about your kalalah heirs that if a man dies childless and he has only a sister, then she shall inherit half of what he leaves and if a sister dies childless, then her brother shall be her heir; and if there are two sisters, then they shall inherit two-thirds of what he [or she] leaves. If there are many brothers and sisters, then the share of each male shall be that of two females. God expounds unto you that you err not and God has knowledge of all things." Qur'an, [Qur'an 4:176].
- ^ Rumsey, A. Moohummudan Law of Inheritance. (1880)
- ^ Departemen Agama Republik Indonesia
- ^ Universitas Islam Negeri
- ^ Tempo Interaktif, February 3, 2009
- ^ Gandz, Solomon (1938), "The Algebra of Inheritance: A Rehabilitation of Al-Khuwarizmi", Osiris (University of Chicago Press) 5: 319-91
- ^ Prof. Ahmed Djebbar (June 2008). "Mathematics in the Medieval Maghrib: General Survey on Mathematical Activities in North Africa". FSTC Limited. http://muslimheritage.com/topics/default.cfm?ArticleID=952. Retrieved on 2008-07-19.
- ^ O'Connor, John J.; Robertson, Edmund F., "Abu'l Hasan ibn Ali al Qalasadi", MacTutor History of Mathematics archive
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