Death is inevitable and is the most important thing that we need to think about and plan for it. God has ordered us to write a Will before death for the proper distribution of our inheritances while inheritance law refers to whatever one receives upon the death of a relative due to the laws of descent and distribution, which apply when there is no Will. Therefore, it is our duty to leave a Will before our death if we can for the benefits of parents, children and near relatives. He has also given us the details on the distribution of inheritances in case what we leave behind us without a Will. Thus, God wants us to follow His teachings and laws to avoid any injustice towards any of our relatives. The terms and conditions of a Will are stated in the verses of Surah 2: al-Baqarah whereas the terms and conditions for distribution of inheritance among the present heirs are detailed in Surah 4: al-Nisaa-a.
Leaving a Will
God has ordered us to leave a Will before our death but He does not dictate us any specific share for any heirs in a Will that we can leave behind. As such, He has provided us full freedom to give any share of our inheritances to any heir based on current financial situation but He does teach us to be fair and equitable if we obey Him and really care about all our nearest and dearest ones:
[2:180] It has been decreed for you when the death has approached to any of you, is good if he has left the Will for the parents and the near relatives with the fairness, is a duty upon the righteous.
[2:181] So whoever has altered it after what he had heard it, then its sin is only upon those who alter it. Indeed, God is Hearer, Knower.
[2:182] But whoever has feared an error of a testator or a sin, then he has reconciled between themselves, then there is no sin upon him. Indeed, God is Forgiving, Merciful.
The Quran teaches us that one shall leave a Will but does not prescribe any specific share for one’s heirs to conform to the specific circumstances of the deceased. It states that it is a sin if anyone alters a Will who has heard it. However, it also leaves a room for us to take corrective measure to restore justice if gross injustice or bias on the part of the testator is found in a Will. Hence, it is our duty to leave a Will before our death if we can being fair and equitable to our parents and the near relatives.
Distribution of inheritances left behind without a Will
We do not know when, how and where we will die. As such, if anyone of us dies without leaving a Will, God has declared a Will for this person for the benefits of the deceased family members specifying definite share for each surviving primary heir leaving room for other potential heirs in the verses of surah 4: al-Nisaa-a with a clear instruction to execute the inheritance law after paying all debts and fulfilling will of the deceased. Thus, when we execute or interpret laws of the inheritance we must think of the other potential heirs such as the near relatives, orphans, a pledge to his right hands (dependents) and poor along with parents, children, spouses and siblings who are the primary heirs to make a fair distribution of the inheritance of anyone, while there is a warning from God not to exceed His limits in His messenger (message) in this context, and the context is very crucial for appropriate interpretation of His laws and commands in many cases but we often overlook it.
However, here are details of the laws of inheritance decreed by God with conditions and limitations to understand them better so that we can interpret/execute them in a fair and equitable manner obeying Him being one of the righteous deeds for the believers to admit to Paradise not to burn in Hell for disobeying Him:
- First law: Like men there is a share for the women what has left the parents and the near relatives whether it is little or much:
[4:7]For the men there is a portion of what has left the parents and the near relatives, and for the women there is a portion of what has left the parents and the near relatives of what has been little from it or much is a portion made obligatory.
- Condition 1: At the time of distribution God wants us to bring into consideration of the orphans, poor and weak children about their share with a warning that there is a painful punishment for unjust consuming of the orphans’ wealth:
[4:8] And at the time of distribution, if there has been present the near relatives, and the orphans, and the poor, then you shall give them a portion from it and shall speak to them a word being kind.
[4:9] And let it consider those, if they have left week children behind of them, they have considered about them. So let them fear God and let them speak an appropriate word.
[4:10] Indeed, those who consume wealth of the orphans are unjust, they only consume fire into their bellies, and they will burn in a Blazing fire.
- Second law: God has given details of distribution of inheritance among his parents and his children of what a man has left behind. For the male is like a share of the two females with an exception when there are only female heir(s), and for each parent is the one-sixth with an exception for his mother is the one-third if there is no child for him, while he might have other potential heirs as well:
[4:11] God directs you about your children; for the male is like a share of the two females. But if there has been only women of more than two, for them are two-thirds of what he has left. And if there has been only one, then for her is the one-half. And for his parents for each of them is the one-sixth of what he has left, if there has been a child for him. But if there would not be any child for him and there has inherited him his parents, then for his mother is the one-third. But if there has been siblings for him, then for his mother is the one-sixth after any will he makes with it or any debt. Your parents and your children – you may not know which of them is nearer to you in benefit. That is an obligation from God; indeed, God has been Knower, Wise.
- Condition 2: The inheritance will be distributed among the heirs after paying any debt and fulfilling any will of the deceased person.
- Third law: God has given details of the distribution of inheritance between husbands and wives. For the husband is the one-half if there is no child for them, but is the one-fourth if there is child for them of what the wife has left behind. For the wife is the one-fourth if there is no child for them, but is the one-eighth if there is child for them of what the husband has left behind. If a man who has no parents, no child nor woman, but there is brother or sister, then for each of the two is the on-sixth, but if they are more than the two, then for all of them is the one-third, while they might have other potential heirs as well:
[4:12] And for you (husbands) are one-half of what has left your wives; if there would not be any child for them, but if there has been a child for them, then for you (husbands) are the one-fourth of what they have left after any will they make with it or any debt. And for them (wives) are the one-fourth of what you (husbands) have left; if there would not be any child for you, but if there has been a child for you, then for them (wives) are the one-eighth of what you (husbands) have left after you make a will with it or any debt. And if there has been a man is inherited no parent or child or a woman, and for him there is brother or sister, then for each one of the two is the one-sixth. But if they have been more than that, then they are partners is the one-third after any will is made with it, or any debt without being harmful, is a will from God, and God is Knower, Clement.
- Condition 3: Those who have obeyed God and His messenger will admit into gardens, while those who have disobeyed God and His messenger will burn in Hell:
[4:13] That is of God’s limits, and whoever obeys God and His messenger, He will admit him into Gardens, flowing the rivers underneath of them as dwellers therein, and that is the greatest success.
[4:14] And whoever disobeys God and His messenger, and exceeds His limits, He will admit him into Fire as a dweller in it, and for him there is a humiliating punishment.
- Forth law: God has ensured the share for both men and women of what has left the parents and the relatives behind, even for those who have been pledged by them:
[4:33] And for each (male and female), we have made heirs of what has left the parents and the relatives. And those whom there has pledged to your right hands, then you shall give them their share. Indeed, God has been a Witnesses over everything.
- Condition 4: God has sent down a clear light for us and He has let us know in it that those who have believed and have held fast to Him, He will guide them to a path of straight and will admit them into mercy from Him and bounty:
[4:174] O the people; certainly, there has come to you a proof from your Lord, and we have sent down to you a light being clear.
[4:175] So as for those who have believed in God and have held fast to Him, then He will admit them into mercy from Him and bounty, and will guide them to Him to a path of straight.
- Fifth law: God has given details of the distribution of inheritance of a single person. If a man dies leaving no child but he has a sister, then for her is a half of what he has left behind him and if he has two sisters, then for them is the two-thirds of what he has left. And If a woman dies leaving no child, then he (her brother) inherits from her, while they might leave other potential heirs as well:
[4:176] They ask you (about a single person); say, “God gives you about the single person. If a man has died, there has been no child for him, and he has a sister, then for her is a half of what he has left, while he inherits from her, if there is no children for her. But if there have been two sisters, then for them are two-thirds of what he has left, and if there have been siblings of men and women, then for the male is like a share of the two females.” God makes clear for you, lest you go astray. And God is Knower of everything.
It is noteworthy that God has given us the inheritance laws to execute them fulfilling certain conditions to ensure fair and equitable distribution among the heirs, even the circumstances may vary for the individual. He has specified the definite shares for the primary heirs, while He has also left a room for certain other people including the poor as heirs in the distribution of inheritance left by a man or a woman, and of them for the male can be given a share like twice of the female, which is a basic rule for the distribution of inheritance of what a man or a woman has left behind, even the surah that has given us laws of the distribution of inheritance has ended confirming it that the male shall be given twice the female if a man or a woman dies leaving no child behind him or her.
Mathematical confirmation
There are 12 verses in the surah al-Nisaa-a, which have stated the laws of inheritance for a person who has not left a Will behind, and if the relevant surah and the verse numbers are added, the sum is a multiple of 19 => 646 (19x34) as shown in the table below:
Note: This mathematical confirmation is an explicit proof that God has not left any discrepancies in the laws of inheritance decreed by Him as He knows what is best for us if we know how to interpret them, while there is also an opportunity in the context for the believers to confirm the order of obey God and His messenger to reflect it to obey God and a clear light sent down to us to guide us to a straight path for those who are not sure about it as well as for those who make efforts to turn the God given religion to a personality cult focusing on Muhammad as a person but not as a prophet.
- In addition, what God has prescribed the specific shares for each relative in the inheritance laws in case anyone of us is not able to leave any Will behind him. The male gets twice of the female, which conforms to our family structure as the man has the higher responsibility to support the family and the female is taken care of by the husband (male). The shares for the other heirs as specified in the distribution of inheritance conform to the family structure as well which has reflected in the following verses of the Quran:
[4:34] The men are supporter of the women of what God has bestowed of them over other, and of that they spend from their wealth. So, the righteous women are obedient (to God) as protectors in the unseen of that which God has protected. And those (wives) from whom you (husbands) have feared rebellion, you shall advise them, and shall forsake them in the bed, and shall disregard them. Then if they have obeyed you, then you do not seek a way against them. Indeed, God has been High, Great.
[46:15] And we have enjoined the human being goodness with his parents. His mother has carried him with hardship, and has given birth to him with hardship, and bearing of him as well as weaning of him until thirty-month. When he has reached his maturity and has reached forty-year he said, “My Lord, grant me that I can appreciate Your favor that You have bestowed upon me and upon my parents, and that I can do as righteous You like it and make righteous in my children for me. Indeed, I have turned to You; indeed, I am among the submitters.”
Conclusion
Those who obey God must leave a Will before their death being equitable to their relatives but no specific share is prescribed for their heirs that would be in the Will, while to alter a Will is a sin but there is no sin to take corrective measure to restore justice in a Will if a gross injustice or bias is found on the part of a testator.
God has detailed out the laws of inheritance with conditions making clear for us so that we can make the distribution in a fair and equitable manner among the heirs being it a righteous deed from our end. He has prescribed specific share for each relative in the inheritance laws, making parents, children and spouses as primary heirs, and in certain cases the siblings for distribution of what has left a man or a women after paying any debt and fulfilling any will of the deceased person. He has also left a room for the other relatives including their right hands and the poor as heirs in the distribution of inheritances to give them a portion for the man like the two females being it a basic rule in the distribution of inheritance. God has not only detailed out the laws of inheritance with conditions but He has also blessed us to have a mathematical confirmation from the relevant verses of the surah al-Nisaa-a, the surah that has protected the rights and privileges of the women and the orphans as well as others so that we can make all our efforts not to fail to be fair and equitable in executing the distribution of inheritance among the heirs, even the circumstances may vary for the individual. What we also see that the shares for the heirs are specified in the distribution making it consistent with the family structure as the husband has given the responsibility to support the family and the wife (female) is taken care of by the husband (male).
Thus, we cannot but appreciate God to give us such equitable justice in a Will as well as in the distribution of inheritance when no Will is left behind by a person, then we should make our efforts to interpret His laws to be fair and equitable in the distribution of inheritance among the heirs what God has made clear for us to obey Him and His messenger, a clear light sent down to us to guide us to a straight path disregarding how many scholars agree or disagree with it, or any sharia laws regarding inheritance introduced by different sects to stay away from His humiliating punishment if we disobey Him.
Peaceful Friday, salaam and God bless.
Tafazzal (4/10/2015) updated on 3/29/2024.