Final rights:
Inheritance
Sh Muhammad West
Jumuah Talk recorded on MASJID
22nd January 2021 CLOSED
IMPORTANCE OF INHERITANCE
Learn the Qur’an and the rules of inheritance.
Teach [them] to the people, because I will surely
be taken away [i.e. die, and not be available to
be consulted].’
Al Tirmidhī, 2234
IMPORTANCE OF INHERITANCE
‘Study [the law of] inheritance and teach it, for it
is half of knowledge; it will be forgotten: it will
be the first [body of knowledge] to be taken
away from my ummah.’
(Ibn Mājah, 2823)
IMPORTANCE OF INHERITANCE
• Allah has described in complete
detail the laws of inheritance
• The most advanced system of
inheritance in the world
BEFORE ISLAM
اء سَِي أايُّ اها الَّ ِذين آمنُوا اَل اِي ُّل لا ُكم أا ْن تا ِرثُوا الن
اا ْ ا ا ا
ض اما ِ وه َّن لِتا ْذ اهبُوا بِبا ْع
ُ ُضل
ُ اك ْرًها ۖ اواَل تا ْع
ۚ ٍاِ اٍَ ُمبا يِناِ َآتا ي تموه َّن إََِّل أا ْن َيْتِني بِا
ا ا ُ ُُْ
O you who have believed, it is not lawful for you to inherit
women by compulsion. And do not make difficulties for
them in order to take [back] part of what you gave them
unless they commit a clear immorality….
Surah An Nisa
4:19
BEFORE ISLAM
• The Married Women's Property
Act 1870 (33 & 34 Vict. c.93) was
an Act of Parliament of the United
Kingdom that allowed married
women to be the legal owners of
the money they earned and to
inherit property
• Before 1870, any money made by
a woman (either through a wage,
from investment, by gift, or
through inheritance) instantly
became the property of her
husband once she was married
WHY SHOULD ISLAM TELL ME WHO
TO GIVE MY WEALTH TO?
• It doesn’t belong to us
• Reality of wealth
WHY SHOULD ISLAM TELL ME WHO
TO GIVE MY WEALTH TO?
ِ صيب ِِمَّا تا ر اك الْوالِ اد
ان او ْاْلاقْ اربُو ان ِ ال نا
ِ ج ِ
لرِل
ٌ ا ا ا
ان او ْاْلاقْ اربُو ان ِِمَّاِ صيب ِِمَّا تا ر اك الْوالِ اد ِ ولِلنِس ِاء نا
ٌ ا ا ا ا
ضا ر َ
ْ م ا بي ِ
ً ُ قا َّل ْ ُ ْ ا ُ ا ا ً ا
و ص ن ۚ ر ث ك او أ هن ِ
م
For men there is a share in what the parents and the
nearest of kin have left. And for women there is a share in
what the parents and the nearest of kin have left, be it
small or large-an ordained share.
Surah An Nisa
4:7
WHY SHOULD ISLAM TELL ME WHO
TO GIVE MY WEALTH TO?
آَب ُؤُك ْم ۗ ن ي د او أ ا ِ
ب ي ِ
وص ي ٍ ي
َّ ِ
ص و ِ
د ع ب ن مِ
ا ْ اْ ا ُ ْ اْ ا
ۚ ب لا ُك ْم نا َْ ًعاُ اوأابْ ناا ُؤُك ْم اَل تا ْد ُرو ان أايُّ ُه ْم أاقْ ار
ٍضفا ِري ا
….You know not which of them, whether your parents or
your children, are nearest to you in benefit, (these fixed
shares) are ordained by Allah. And Allah is Ever All-Knower,
All-Wise.
Surah An Nisa
4:11
SUMMARY OF THE PROCESS
1. Drafting a will
2. The executor collects the estate
3. Funeral expenses to be paid
4. Debts to be paid
– To Allah
– To the creation
5. Wasiyah (bequeath)
of the deceased
– Advice
– Wealth
SUMMARY OF THE PROCESS
Rules for making a bequeath:
> Must be less than 1/3rd
‘A third [maximum] and a third is plenty.
Leaving your heirs well off is better than
leaving them having to beg from people.’
(Al Bukhārī, 2742)
> Can not be to an heir
• ‘There is no bequest for
an heir.’ (Abū Dāwūd, 2872)
• To anyone even a non-
inheriting heir
SUMMARY OF THE PROCESS
Distribution the remaining estate between the heirs
according to the rules of the shariah
BASES OF INHERITANCE
1. Blood relations
– Heirs of the first degree children
and parents
– Heirs of the 2nd, grand children,
grand parents, degree siblings
– Heirs of the 3rd degree uncles
and nephews
2. Spouses
TYPES OF HEIR
1. Prescribed heirs
2. Residual heirs
‘Distribute the inheritance to
its rightful heirs and
whatever remains is for the
closest male relative.’
(Al Bukhārī, 6732)
WHO CAN’T INHERIT
• ‘The killer does not inherit
anything.’ (Abū Dāwūd, 4566)
• “The Muslim does not inherit
from the disbeliever, nor the
disbeliever from the Muslim”
(Al Bukhārī, 3225)
– However, a Muslim can
bequeath up to one third of his
estate to a non-Muslim, and a
Muslim can accept a bequest
from a non-Muslim relative
THOSE WHO WILL ALWAYS INHERIT
• Your surviving spouse
• Your children
• Your parents
THOSE WHO DO NOT GET
INHERITANCE
ض ار ال ِْق ْس امٍا أُولُو الْ ُق ْرا َٰب اوالْيا تا اام ٰى
اوإ ا ا
ِ اذا ِ
وه ْم ِم ْنهُ اوقُولُوا اَلُ ْم قا ْوًَل ام ْع ُروفًا زار ف نيِ
ُ ُ ُ ْ اوال اْم اساك ُ ا
ق
If the relatives (who are not heirs) and the orphans and the
needy are present at the time of distribution, give them
some of it, and speak to them in fair words.
Surah An Nisa
4:8
SOME POINTS
1. The Shariah unfair in its
distribution?
She receives her share exclusively
to her benefit while still enjoying
maher and nafaqa
2. What about adoptive children or
illegitimate children?
No inheritance but a bequeath to
them
3. Can you distribute in life?
Yes, but fairly between children
PASSING THE TEST OF WEALTH
Thauban bin Bujdud RA reported: Messenger of Allah
(sallallaahu ’alayhi wa sallam) said,
“The most excellent dinar is one that a
person spends on his family… ”
Muslim
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