INHERITANCE - UNDERSTANDING QURANIC MESSAGE AND CURRENT REALITY

DAY 28

INHERITANCE

What does Quran have to say about inheritance?

The Quranic verses are quiet straightforward on this issue, although world over, jurists and scholars agree that they are very difficult to apply in a situation which changes from family to family. 

Surah 4:11 says, Allah decrees a will for your children; the male gets twice the share of the female. If the heirs are women, more than two, they receive two thirds of the estate. If only one daughter is left, she gets one half. The parents of the deceased are each entitled to one sixth if he has left offspring. If he left no children and his parents are the only heirs, his mother gets one third. If he has siblings then his mother gets one sixth after the fulfillment of any will the deceased has left and after the payment of all debts. Your parents or your children – you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.

In simple terms, it says, 

• Sons receive twice the inheritance share of daughters.
• If the sole children are two daughters, they can inherit two-thirds of the estate.
• If there is only one daughter, she receives half the inheritance.
• If parents are alive, they each have an entitlement to one-sixth of the inheritance if there are children.
• If there are no children and the parents are sole heirs, the mother receives one-third and the father takes the remainder.
• If there are no children, but the deceased has siblings, then the mother received one-sixth.
• All of this is contingent upon what remains after payment of funeral costs and debts.

Surah 4:12 says:

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.

In simple terms, it says, 

• Widowers receive 1/2 of the property if there are no children.
• Widowers receive 1/4 of the property if there are children.
• Widows receive 1/4 of the property if there are no children.
• Widows receive 1/8 of the property if there are children.
• If there are no ascendants (parents) or descendants (children), the siblings stand to inherit 1/6 of the property
• If there are two or more siblings, they share a third if there are no parents or children.

Surah 4:176 says:

“Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].” If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.

In simple terms, it says, 

• If a person passes away without ascendants or descendants (defined as a “kalalah.”), and only has one sister, the sister will inherit half of what is left.
• If a widow passes away without any children, leaving only one brother, the brother inherits the entire estate
• If a person passes away leaving only two sisters, the sisters will have 2/3 of the estate
• If there are both male and female siblings, the males will take double the shares of the female.

What about the 1/3 that can be willed? 

The above divisions have to be done after the following are cleared off:

• Paying funeral expenses
• Paying debts
• Distributing the discretionary Wasiyyah (up to one-third of one’s wealth)
• Distributing the remaining estate to heirs according to Sharia (known as the Mirath)

Why did BMMA feel the need to work on this issue; the Quranic verses are so clear on this, where is the scope?

This issue had to be looked into keeping in mind the ground reality. In the Indian context, parents generally believe that since they have given dowry to the girl in her marriage, there is no need to give her any share in the property. They also assume that since she will also be getting a mehr at the time of marriage, she is getting what might be due to her anyway. But it is important to delink the amount that she gets as mehr as mehr is the right at the time of the marriage and that comes from her prospective husband. Dowry in our context, we know, hardly belongs to the girl. In any case, in our draft law, we suggest that property rights must be delinked from her mehr and dowry. Also what happens to women who don’t get married or who don’t get a good mehr and who may not have any control over the dowry that she carries to her husband’s house? 

What does the draft law say on this issue? 

BMMA’s draft law says:

The distribution of property is to be done as per the Quranic verses mentioned above

• These are to be given after clearing debts, arranging funeral expenses and setting aside the 1/3rd part of the will to be given away as per one’s wishes. 
• Since the general principle of equality in the Quran is paramount, we suggest that the 1/3rd of the property which the owner can will it to anyone, is to be willed to the daughter who gets half of that of the brother as per the stated Quranic verse. 
• To equalize the daughters share with the son, the parents can make a gift-deed or HIBA for their daughters so that all offsprings get equal share of parent’s property. 
• The grandson or granddaughter can inherit from the grandfather/grandmother in case of the death of the intervening son.
• The wife has right to receive part of husband's property and an additional specified share in lieu of her housework contributing to the conjugal home and property creation. 

Why do you suggest this?

1. Women’s consciousness and awareness about their equality has increased. Why should she get less than her male counterpart? Each family situation is different in today’s context which is very different from the social, economic, political, legal context of 7th century Arabia. Men don’t necessarily support their parents, women don’t necessarily get married, both women and men may have their own source of income and more importantly a heightened sense of equality. 

2. More importantly the Quran specifies a minimum share given the context of low status of women then. it does not tell you to not to give more. A minimum is assured but a maximum, if it ensures equality and justice and fairness, the Quran would never stop you. 

Reference:

islamicwillsusa.com