Islamic Inheritance Laws and Calculations Islamic Inheritance تعليم املرياث بأسلوب حديث MUFTI KALEEM MUHAMMAD JAAMIA MADINATUL ULOOM Islamic Inheritance Laws and Calculations 1 Islamic Inheritance Laws and Calculations Islamic Inheritance Laws and Calculations Mufti Kaleem Muhammad JAAMIA MADINATUL ULOOM 2 Islamic Inheritance Laws and Calculations Introduction بــــــــسم هللا الرحـــــــمن الرحيــــــــم حامدا و مصليا و مسلما Islam is a complete and comprehensive way of life. It encompasses every aspect related to human life. Its laws and injunctions are filled with divine justice and wisdom. The laws of inheritance is one of the most important branches in Islamic Jurisprudence. This branch of Islamic Knowledge is derived directly from the Holy Qur’an and the .ﷺ authentic traditions of the Holy Prophet The knowledge of Inheritance in Islam is of fundamental says, ‘Knowledge is of three ﷺ importance. The Prophet of Allah fundamental types and everything else is regarded as extra; the clear Aayaat (verses), the Established Sunnah (practices of the and the Fair Share (Inheritance). In another Hadith the (ﷺ Prophet said: Learn the knowledge of inheritance and ﷺ Prophet of Allah teach it to the people for indeed it is half of knowledge. The literal meaning of the word half is not meant, however it emphasizes the status and importance of the knowledge of Inheritance. The implementation of the laws of inheritance in Islam is Fardh (compulsory). There are no differences of opinion regarding its compulsion. Negating the compulsion of Inheritance in Islam and its method of distribution is clear Kufr (disbelief). This injunction of the Shariah is just as important as the other injunctions of the Shariah. To understand the seriousness of this branch of the Shariah look closely at the pillars of Islam after Imaan. (a) Salah (b) Zakah (c) Fasting (d) Hajj. These pillars are the foundation which supports the 3 Islamic Inheritance Laws and Calculations entire of Islam. If anyone negates the legislation or the compulsion of anyone of these pillars he becomes a Kafir (disbeliever).1 made five daily Salah compulsory. However the amount of ﷻ Allah units performed (Rak’ah) for each Salah is not mentioned in the Quran. Similarly the amount of Zakah to be paid is not mentioned in the Quran. Regarding fasting, if a person cannot fast2 it is obligatory upon him to give Fidya, however its amount is not mentioned in the Quran. One of the compulsory elements in Hajj is Tawaaf (Ziyarah) except that the amount of rounds (cycles) around the Ka’bah is not mentioned in the Quran. The details however, are mentioned and .ﷺ explained in the Sunnah of the Prophet took it upon himself and ﷻ As for the institute of Inheritance, Allah explicitly mention the Heirs of the deceased but ﷻnot only did He moreover stipulated clearly the amount (shares) each and every Heir will inherit. After mentioning the heirs and stipulating the :mentions ﷻ shares Allah These are the boundaries set by Allah (regarding Inheritance). And whoever obeys Allah and His Messenger (in implementing the laws of Inheritance) He (Allah) will enter him into gardens through which rivers flow therein to abide, and this is the greatest victory. mentions the consequences of those who fail to ﷻ Thereafter, Allah implement and adhere to the laws of the Shariah; And whoever disobeys Allah and His Messenger and transgresses His limits (laws of inheritance) He will put him into the Fire to abide eternally therein and he will have a humiliating punishment. mentions in the Quran the reward for those who have Imaan ﷻ Allah and do righteous deeds; and this is the Jannah which you are made to inherit for what you used to do (righteous deeds). اذا استمر على انكاره بعد أن قامت عليه الحجة 1 مرض مستمر الى الموت 2 4 Islamic Inheritance Laws and Calculations However, failure to adhere to the laws of inheritance can result in one’s deprivation of his inheritance in Jannah. The Messenger of ,said: Whoever fails to distribute the inheritance of his heirs ﷺ Allah Allah will cut out his inheritance from Jannah on the day of Judgement. The aforementioned verses of the Quran and Ahaadith of the clearly indicates towards the importance of ﷺ Messenger of Allah Inheritance. Unfortunately, this branch of Islamic knowledge is often neglected by the general Muslims as little importance is given to its laws and distributions. There are many people who are considered religious and pious however they are the most reluctant and hesitant when it comes to implementing the laws of inheritance. If a person fails distribute the inheritance to whom it rightfully belongs ﷻ to, or fails to distribute to an heir the amount stipulated by Allah then he has committed a Major sin. This is because he has violated and committed an act of injustice ﷻ an explicit command of Allah heirs).The only) ﷻ and oppression upon the servants of Allah atonement one can make is to give what is rightfully due thereafter seek Allah’s forgiveness. have a ﷻ Furthermore, such atrocities to the divine laws of Allah direct bearing on one’s Ibadah (worship) i.e. if a person wrongfully withholds the inheritance of an heir and thereafter utilizes it for himself, he will be consuming Haram. The consumption of Haram hinders the acceptance of one’s Ibadah. Moreover, it makes the body said: Every ﷺ fuel for the fire of Jahanam. The Messenger of Allah flesh nourished by haram is deserving of the fire. has strongly emphasized on the ﷺ For this reason the Prophet importance of acquiring and implementing the laws of inheritance. He also said that from the first things to be taken away from his Ummah is the knowledge of Inheritance. In another Hadith, reported by Abdullah bin Mas`ud (RadhiAllahu'anhu), he said that the 5 Islamic Inheritance Laws and Calculations said to me, “Acquire the knowledge and impart ﷺ Messenger of Allah it to the people. Acquire the knowledge of inheritance and teach it to the people. Learn the Qur’an and teach it to the people; for I am a person who has to depart this world. And the knowledge will be taken away and turmoil will appear to such an extent that two people will not agree in regard to a case of inheritance distribution and find none who would decide between them. I pray that Almighty Allah Ta’ala accept this small effort and that He give us the ability and guidance to adhere to His commands and refrain from His prohibitions. Mufti Kaleem Muhammad Jaamia Madinatul Uloom Trinidad and Tobago 6 Islamic Inheritance Laws and Calculations Chapter One Al-Meerath (Islamic Inheritance) is a knowledge, based upon principles, by which one can determine the legal heirs of the deceased and the allotted share of each heir. Subject matter: The estate of the deceased and the eligible heirs. Aim and objective: To distribute to the heirs what is rightly due to them from the estate of the deceased. Definition of an Heir: An Heir is a person who is entitled to inherit from the estate of the deceased because of his/her connection to the deceased through blood relations or marriage (i.e. husband or wife). Therefore the in-laws of the deceased are not included nor those connected through fosterage. Arkaan (components): There are three essential components: (a) The deceased (b) The heirs (c) The estate Estate: The estate of the deceased refers to all the assets that were in the possession of the deceased at the time of his demise in whatever form. This includes cash, shares, jewelry, ornaments, furniture, appliances, clothes, receivable-debts, livestock, poultry, agricultural products, raw materials, goods in production, finished- goods, goods in inventory, land, houses, buildings, factories, shops, incomes, received pension, incoming revenues from other retirement and medical schemes etc. Mas`alah: Death-Benefits (after demise), payable by Pension Funds and other types of retirement and medical schemes, whether it be voluntary or mandatory are not subjected to the laws of inheritance 7 Islamic Inheritance Laws and Calculations i.e. it will not be included in the estate of the deceased. The designated beneficiaries stipulated by the company or government will have all rights to the benefits, regardless if they are heirs or not. NB: The reason why death-benefits do not comprise of the estate and by extension not subjected to the laws of inheritance is because it was not in the possession of the deceased nor did he have any claim to it in his lifetime and this is the view held by Mufti Taqi and other contemporary Jurists.3 حفظه هللا Usmani NB: A more precautionary view is to distinguish between voluntary and mandatory schemes. Regarding the former, the amount contributed by the deceased will be subjected to the laws of inheritance when received and the remainder will go to the designated beneficiaries. As for the latter the entire amount will go to the designated beneficiaries and will not be subjected to the laws of Inheritance. Shuroot (conditions): There are three necessary conditions: (a) Certainty of the death of the deceased (b) Presence of the heir (i.e. being alive) at the instance of the demise of the deceased. (d) Absence of all impediments. NB: To acquire the knowledge of Islamic Inheritance is Fard al- Kifayah (collective obligation) and the implementation of the laws of 3 Contemporary Fatwaa by Mufti Taqi Usmani (see under-Entitlement To Death Benefits Payable by Pension Funds). Some scholars however, are of the opinion that these benefits are subjected to the laws of inheritance as it comprises of the estate. Others are opinion that if contributions were made voluntarily it becomes part of the estate while others are of the opinion that in mandatory contributions the portion paid by the employee forms part of the estate and the other is regarded as a gift.