Where Did Muslims Derive the Knowledge of Inheritance?

Answered By Shaykh Dr. Muhammad Fayez Awad

Question

Where did Muslims derive the knowledge of inheritance and the division of estates?

Answer

All praise is due to Allah, Lord of the worlds. Blessings and peace be upon the Messenger of Allah, his Family, and his Companions.

The prophet (Allah bless him and give him peace) said:

“Learn the laws of inheritance and teach them to the people, for I am a mortal. Knowledge will be taken away, and there will come a time when two people will differ concerning the inheritance, and they will not find anyone to resolve the matter between them.” [Hakim; Nasa’i; Darami]

The science of inheritance, or Ilm al-Fara’id, is the knowledge concerned with the distribution of a deceased person’s estate according to the rulings of Islamic law. This science holds great significance in Islam for several reasons:

Establishing Justice

The science of inheritance aims to distribute the estate fairly among the heirs, according to specific shares prescribed by Islamic law. This ensures that no bias or injustice occurs among the heirs.

Maintaining Family and Social Order

This knowledge helps in preserving family and societal relationships by distributing the inheritance in a manner that prevents disputes and conflicts among family members.

Emphasizing Women’s Rights

Islamic law has allocated a specific share of the inheritance to women, a share that is fixed and cannot be manipulated. This guarantees their financial rights.

Implementing Allah’s Commands

Distributing inheritance according to Islamic law is part of fulfilling Allah’s commands and following His guidance. Thus, it is considered an act of worship through which a Muslim draws closer to Allah.

Preserving and Circulating Wealth

The science of inheritance contributes to the organized circulation of wealth across generations, thereby contributing to the economic stability of families and society as a whole.

Clarifying Islamic Rulings

Ilm al-Fara’id is a part of Islamic jurisprudence that clarifies the legal rulings related to inheritance. It helps Muslims apply Sacred Law correctly in their practical lives.

The knowledge of inheritance (Ilm al-Fara’id) derives its principles from three main sources:

One: The Quran

Most of the rulings on inheritance are derived from the Quran, such as the inheritance of the husband, wife, father, mother, daughter, and others. The verses concerning inheritance in the Quran are both comprehensive and detailed. These verses include:

Sura al-Nisa [4:7-8]:

“For men there is a share in what their parents and close relatives leave, and for women there is a share in what their parents and close relatives leave—whether it is little or much. (These are) obligatory shares. If (non-inheriting) relatives, orphans, or the needy are present at the time of distribution, offer them a (small) provision from it and speak to them kindly.”

Sura al-Anfal [8:74-75]:

“Those who believed, migrated, and struggled in the cause of Allah, and those who gave (them) shelter and help, they are the true believers. They will have forgiveness and an honorable provision. And those who later believed, migrated, and struggled alongside you, they are also with you. But only blood relatives are now entitled to inherit from one another, as ordained by Allah. Surely Allah has (full) knowledge of everything.”

Sura al-Nisa [4:11]:

“Allah commands you regarding your children: the share of the male will be twice that of the female. If you leave only two (or more) females, their share is two-thirds of the estate. But if there is only one female, her share will be one-half. Each parent is entitled to one-sixth if you leave offspring. But if you are childless and your parents are the only heirs, then your mother will receive one-third. But if you leave siblings, then your mother will receive one-sixth—after the fulfillment of bequests and debts. (Be fair to) your parents and children, as you do not (fully) know who is more beneficial to you. (This is) an obligation from Allah. Surely Allah is All-Knowing, All-Wise.”

Surat al-Nisa [4:12]:

“You will inherit half of what your wives leave if they are childless. But if they have children, then (your share is) one-fourth of the estate—after the fulfillment of bequests and debts. And your wives will inherit one-fourth of what you leave if you are childless. But if you have children, then your wives will receive one-eighth of your estate—after the fulfillment of bequests and debts. And if a man or a woman leaves neither parents nor children but only a brother or a sister (from their mother’s side), they will each inherit one-sixth, but if they are more than one, they (all) will share one-third of the estate—after the fulfillment of bequests and debts without harm (to the heirs). (This is) a commandment from Allah. And Allah is All-Knowing, Most Forbearing.”

Surat al-Nisa [4:176]:

“They ask you (for a ruling, O Prophet). Say, ‘Allah gives you a ruling regarding those who die without children or parents.’ If a man dies childless and leaves behind a sister, she will inherit one-half of his estate, whereas her brother will inherit all of her estate if she dies childless. If this person leaves behind two sisters, they together will inherit two-thirds of the estate. But if the deceased leaves male and female siblings, a male’s share will be equal to that of two females. Allah makes (this) clear to you so you do not go astray. And Allah has (perfect) knowledge of all things.”

Two: The Sunna of the Prophet

Many inheritance rulings are derived from the Sunna, such as the inheritance of the maternal grandmother and sisters along with daughters. The scholars of Hadith have compiled chapters on inheritance in their works.

Imam Bukhari, in his Sahih, included 31 chapters under the Book of Inheritance, where he narrated the relevant Hadiths. Similarly, Imam Muslim in his Sahih devoted six chapters to the topic of inheritance. Other Hadith scholars have also addressed this subject extensively.

Three: Consensus (Ijma’)

The science of inheritance has received considerable attention from jurists, and they have reached a consensus on it, refining and organizing it to its present state. The consensus referred to here is the definitive consensus that is supported by clear evidence from the Quran and Sunna.

Consensus serves as a confirming, not a founding, source of rulings. An example is the inheritance of the paternal grandmother, established by the ijtihad of ‘Umar Ibn al-Khattab (and agreed upon by the Companions and subsequent scholars). [Ibn Hibban]

Recommendation

For comprehensive understanding, it is recommended to consult the following sources:

Al-Ahkam al-Shar‘iyya fi al-Ahwal al-Shakhsiyya by Qadri Pasha
Al-Ahwal al-Shakhsiyya: al-Ahliya wa al-Wasiyya wa al-Tarikat by Dr. Ahmad al-Kurdi
Al-Ahwal al-Shakhsiyya fi al-Ahliyah wal-Wasiyyah wal-Tarikat by Dr. Mustafa Al-Siba’i and Dr. Abdul Rahman al-Sabuni
Al-Ahwal al-Shakhsiyya by Dr. Ahmad Al-Hajji Al-Kurdi
Mabahith fi ‘Ilm al-Mawarith by Dr. Mustafa Muslim
Sharh Matn al-Rahbiyya fi ‘Ilm al-Fara’id by Sibt Maridini
Sharh al-Fara’id al-Sirajiyya by Jurjani
Fath al-Mughith fi Ahkam wa Maqasid al-Mawarith by Dr. ‘Usama al-Hamwi

We ask Allah to grant us success in adhering to His laws and following the rulings of His religion. Indeed, He is the All-Hearing, the Answerer of prayers.

[Shaykh] Dr. Muhammad Fayez Awad