An Overview of Islamic Inheritance

By Sheikh Abdunasir Jamac Warsame, PhD

Introduction

Definition of the science of inheritance: It is a discipline governed by rules and regulations, grounded in jurisprudence and mathematics, that determines the portion of each heir and their entitlements from the estate of the deceased.

The study of inheritance is closely tied to economics, necessitating careful consideration to guarantee that rightful heirs obtain their inheritance. This field addresses the science of inheritance in relation to economics, requiring significant attention to ensure that the rightful heirs receive their due. It encompasses wealth, which includes all that a person possesses, such as money, camels, cattle, sheep, real estate, and land. Wealth is regarded as a blessing from God Almighty and should be utilized in ways that are pleasing to Him. The assets left by the deceased are exclusively for their heirs. According to Islamic law, the process of inheritance commences only after the heir’s death.

Did the Messenger of Allah (peace and blessings be upon him) allocate the inheritance among his companions?

“The spouse of Sa’d ibn al-Rabi’ approached the Messenger of Allah (peace and blessings be upon him) with her two daughters from Sa’d, and stated: ‘O Messenger of Allah, these are the daughters of Sa’d ibn al-Rabi’. Their father was martyred alongside you at Uhud, and their uncle has taken their inheritance, leaving them destitute, and they are unable to marry without financial means.’ He replied: ‘Allah will adjudicate this matter.’ Subsequently, the verse regarding inheritance was revealed, and the Messenger of Allah (peace and blessings be upon him) communicated with their uncle, instructing: ‘Allocate two-thirds to the two daughters of Sa’d, one-eighth to their mother, and the remainder is yours”

The science of inheritance is one of the sciences in which there is little disagreement, because Allaah Almighty has taken charge of distributing what is left behind by the deceased, whether male or female.

Verses on inheritance are divided into two sections:

General verses on the science of inheritance (Surah An-Nisaa, verse (6), surat An-NisaaSurah, verse (33) Al-Anfal, verse (75).
And detailed and explained verses on the science of inheritance, clarifying the right of each heir to the estate.

﴿يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ ۚ فَإِن كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ ۚ مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ ۗ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ اللَّهِ ۗ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا﴾ (سورة النساء الآية 11)

Allaah Almighty says: ((Allāah commands you as regard your children’s (inheritance): to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two‑thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of inheritance to each if the deceased left children; if (the deceased left) no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit; (these fixed shares) are ordained by Allāh. And Allāh is Ever All-Knower, All-Wise)) [An-Nisa: 11]

Note: This verse addresses the inheritance rights of children and their parents.

﴿ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ ۚ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ ۚ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ ۗ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ ۚ فَإِن كَانُوا أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ ۚ مِن بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ ۚ وَصِيَّةً مِّنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَلِيمٌ﴾
[ النساء: 12]

((In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth, if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third, after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allāh; and Allāh is Ever All-Knowing, Most-Forbearing)) [Surat An-Nisa, verse 12].

Note: This verse pertains to the inheritance rights of spouses and maternal siblings exclusively [Uterine Brother and Uterine sister].

((These are the limits (set by) Allāh (or ordainments as regards laws of inheritance), and whosoever obeys Allāh and His Messenger (Muḥammad ) will be admitted to Gardens under which rivers flow (in Paradise), to abid And whosoever disobeys Allāh and His Messenger (Muḥammad ), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.e therein, and that will be the great success)) [suurat An-Nisa: verses.

By Sheikh Abdunasir Jamac Warsame, PhD
President of Frontier University,
Garowe, Puntland Somalia