Division of Inheritance and Islamic Family System
By
Grace Mubashir, New Age Islam
22 July
2023
The Holy
Qur'an (Al-Hadid 25) has declared that at various stages of history,
messengers were appointed with clear messages, and the Books and the Qur'an
were revealed to them so that the people would lead a righteous life. The
above-mentioned declaration belies the fact that the Sharia or the code of law
presented to mankind in the light of the Qur'an, as mentioned by Imam Ibn
al-Qayyim, 'is all justice'.
Islam
presents justice as the highest value necessary for the survival of a social
system. At the same time, Islam observes that equality is not a value in
itself, and that equality can be valued only when it is just. Therefore, when
equality in a matter represents justice, Islam accepts it and rejects it when
it is unjust. There is no doubt that giving the same medicine in the same
dosage to all the patients and giving the same marks in all the subjects to all
the students who appeared in the examination is equality but not justice.
Equality between the same class (patients, students) can have dire
consequences.
It is from
this level that the Islamic view of equality between men and women is formed.
Islam observes that to show equality in all matters between those who have
completely different natures, feelings and physical constitutions may lead to
dangerous consequences. At the same time, Islam has maintained equality between
them where the differences mentioned above do not affect them. The equality
mentioned above can be found in the Sharia rules regarding earning, spending,
good deeds, acts of worship and their rewards (Al Ahsab 35). However, Islam has
made distinctions on the levels influenced by natural differences and given
responsibilities and rights to men and women.
In short,
it is on this basis that we must analyse the Sharia laws being discussed in our
society, including the law of inheritance. The economic policy of Islam is
closely related to its family and social system. The essence of the Islamic
social system is the warm relationship between the leadership and the citizens.
Sharia has determined and given specific responsibilities and rights to both
groups.
The family
structure in Islam is the cornerstone of the said social system. Under the
leadership of the head of the family, the family system should exist on the
basis of warm relationship with the family members, fulfilling each other's
responsibilities and assigning rights. In this structure, the financial
responsibility rests entirely with the man. It is the responsibility of said
leadership to protect, sustain and defend the family in all material senses.
The head of
the family has the task of leading the upbringing of the family and imparting
Islamic values to the children (Annisaa 34). It can be seen that Allah has
invested both of them with the physical, mental and emotional skills and
characteristics to perform the above tasks. Part of it is to set aside material
rights to fulfil the said responsibility. It is for this reason that the
spendthrift man has, at least in some cases, a greater share of the
inheritance. This is also the basis for accepting only the woman's testimony
aside from the man in matters such as breastfeeding, family-related pregnancy
and childbirth. One of the important principles propounded by Islamic law is 'Algunmu
Bil Gurmi' or 'Benefits are additional burdens'. Example: The expenses (Gurm)
of an orphaned child are to be borne from the Baitul Mal. If the person dies
then the estate (Gunm) belongs to Baitul Mal.
All the
Qur'anic sayings related to inheritance are included in the chapter of the Holy
Qur'an called Anisa'. As the name of the chapter suggests, these are the words
of revelation to reclaim women's rights that were denied during Jahiliyyah.
From the beginning to the end of the Anisa chapter, we can see the discussion
about the rights of women and Yatim (orphans). In the first six verses,
Anisa' deals with issues such as protection of orphans' finances, polygamy, the
Maher to be paid by the bridegroom to the bride at the time of marriage,
and the return of their wealth to the orphans who have matured.
After this,
the Qur'anic discussion about the division of inheritance begins. The division
of inheritance is not limited to just three verses, as the Muslim public
misunderstands. The Holy Qur'an presents a precise and clear view of
inheritance in seven verses, including the four verses preceding them. At a
time when only older men inherited, the Qur'an prefaced the chapter by declaring
that women, like men, had an essential share in inheritance, no matter how
small or large. The presentation background related to it is in the Qur'an
interpretation books. The Qur'an then draws attention to the rules to be
followed before determining the share of the heirs.
The first
thing heirs should do is assess the current family situation. If there are weak
relatives, orphans, or destitute in their family structure, their needs should
be fulfilled first (Annisa 8). Take for example an orphaned grandchild. The
Qur'an says that in the event that all the adjectives mentioned in the Holy
Qur'an, such as close relatives, orphans, destitute, etc., are added to that
grandchild, the first thing to do is to make them self-sufficient. There are no
people who are not worried that their children will have to live in chaos after
them. The Qur'an then warns that the solution to this is to fear Allah in the
case of the orphans under them (Annisa 9).
In four
consecutive verses, the Holy Qur'an repeatedly commands about the share of
women and orphans, in a tone of exhortation and warning. It is clear that they
have a share in the inheritance and that they are the first to be paid. The
fact that their share is not measured and cut off does not mean that they do not
have a share, but that they need to look at the situation beyond the figures
and give them what they need.
After
mentioning all these, the inheritance should be distributed among the heirs who
have been accounted for by the Qur'an. The Qur'an, which determined the rights
of everyone, also reminds us that these should be paid only after the debt and
bequest have been fulfilled.
Waswiyyah (will) is one of the tools
introduced by Sharia to prevent any individual from becoming weak and isolated
in the family structure. The poverty/distress of the person whose inheritance
is not determined can thus be remedied by bequest. If it is one of the heirs
who is suffering from the said problem, it can also be overcome by 'Hiba' or
voluntary donation without prejudice to justice. However, bequeathing more than
one-third or giving large donations to the heirs is contrary to the Sharia and
the justice it seeks.
Going into
the figures on the division of inheritance, as mentioned in the beginning, men
have more shares than women in 'some places'. It is only a helping hand to
fulfil the obligations entrusted to him by the Sharia. They are under no
obligation to use the woman's earnings (salary, dowry, Maher etc.) for
family expenses. At the same time, the man is also responsible for fulfilling
the financial obligations of the women (wife, daughter, mother, sister) living
in his family structure.
Moreover,
the Sharia has never created a situation where a man gets a greater share than
a woman in the division of inheritance. There are also cases where daughters
inherit instead of the deceased's husband. The Qur'an says that in the case of
a deceased person having only a daughter, father and mother, the father gets
one-sixth and the daughter gets half of the property. In short, being male does
not lead to a greater share in the inheritance. On the contrary, when entering
the youngest generation, the responsibilities and obligations are given to sons
twice as much as daughters based on the jurisprudential principle that
'benefits are additional burdens'.
Islamic
Sharia has gifted the human society with such balanced and flawless rules
regarding inheritance. The spirit of the Sharia laws is not the mere commands,
prohibitions, or calculations that they prescribe. Rather, it is piety and
prudence where they are applied. That is why the observance of the law by
setting them aside has no relevance in the Sharia.
Sharia has
adopted many ways to eradicate the poverty faced by the society. Islam has also
devised other means such as compulsory giving (zakat), voluntary giving (Swadaqa),
and Waqf. Inheritance division is only a minor mechanism in the said
method. Islam dreams of an economic balance that can be achieved by all these
working in harmony with each other.
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A regular columnist for NewAgeIslam.com, Mubashir
V.P is a PhD scholar in Islamic Studies at Jamia Millia Islamia and freelance
journalist.
URL: https://newageislam.com/islamic-society/division-inheritance-islamic-family-system/d/130275