Inheritance Laws: Difference between revisions
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'''Islamic Inheritance law''' is a field of [[jurisprudence]] (''fiqh'') in [[Islamic Law]] (''[[Sharia]]''). While most detailed topics of Islamic law are not discussed in the [[Qur'an]], Islamic inheritance law is unique as it takes up multiple pages of the holy book. While the inheritance laws [[Revelation|revealed]] to [[Muhammad]] in the Qur'an generally improved the fate of female heirs relative to their fate in pre-Islamic Arabia, Islamic inheritance laws do favor male heirs, since, according to the Qur'an, "Men are in charge of women, because Allah hath made the one of them to excel the other, and ''because they spend of their property (for the support of women)''. So good women are the obedient..." (tr. Pickthall; emphasis added).<ref>{{Quran|4|34}}</ref> | '''Islamic Inheritance law''' is a field of [[jurisprudence]] (''fiqh'') in [[Islamic Law]] (''[[Sharia]]''). While most detailed topics of Islamic law are not discussed in the [[Qur'an]], Islamic inheritance law is unique as it takes up multiple pages of the holy book. While the inheritance laws [[Revelation|revealed]] to [[Muhammad]] in the Qur'an generally improved the fate of female heirs relative to their fate in pre-Islamic Arabia, Islamic inheritance laws do favor male heirs, since, according to the Qur'an, "Men are in charge of women, because Allah hath made the one of them to excel the other, and ''because they spend of their property (for the support of women)''. So good women are the obedient..." (tr. Pickthall; emphasis added).<ref>{{Quran|4|34}}</ref> | ||
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So while Islamic inheritance law stopped the practice of inheriting widows and guaranteed female heirs a share of their deceased male relatives' estates, its also required that one's daughter inherit just half of what one's son would inherit. Thus, while the reforms brought by Islam were progressive by the standards of 7th century Arabia, they stifle the advancement of women's rights today. | So while Islamic inheritance law stopped the practice of inheriting widows and guaranteed female heirs a share of their deceased male relatives' estates, its also required that one's daughter inherit just half of what one's son would inherit. Thus, while the reforms brought by Islam were progressive by the standards of 7th century Arabia, they stifle the advancement of women's rights today. | ||
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==''Wasiyah'', or bequest== | ==''Wasiyah'', or bequest== | ||
While the specifics of inheritance are outlined in Islamic scriptures in great (and sometimes contradictory) detail, leaving little choice for deliberation, there is a portion of a person's inheritance that they are allowed to distribute as they please - so long as no part of this third is given to a family member whose share is already outlined by the Qur'an (though this requirement can sometimes be overturned if ''all'' inheriting family members agree to allowing some of their group to inherit more than they are due). This segment is called the ''wasiyah'' and can be up to one third of one's estate. | While the specifics of inheritance are outlined in Islamic scriptures in great (and sometimes contradictory) detail, leaving little choice for deliberation, there is a portion of a person's inheritance that they are allowed to distribute as they please - so long as no part of this third is given to a family member whose share is already outlined by the Qur'an (though this requirement can sometimes be overturned if ''all'' inheriting family members agree to allowing some of their group to inherit more than they are due). This segment is called the ''wasiyah'' and can be up to one third of one's estate. | ||
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Thus it is more likely that they will bear true witness or fear that after their oaths the oaths (of others) will be taken. So be mindful of your duty (to Allah) and hearken. Allah guideth not the froward folk.}}{{Quote|{{quran|6|152}}|And approach not the wealth of the orphan save with that which is better, till he reach maturity. Give full measure and full weight, in justice. We task not any soul beyond its scope. And if ye give your word, do justice thereunto, even though it be (against) a kinsman; and fulfil the covenant of Allah. This He commandeth you that haply ye may remember.}} | Thus it is more likely that they will bear true witness or fear that after their oaths the oaths (of others) will be taken. So be mindful of your duty (to Allah) and hearken. Allah guideth not the froward folk.}}{{Quote|{{quran|6|152}}|And approach not the wealth of the orphan save with that which is better, till he reach maturity. Give full measure and full weight, in justice. We task not any soul beyond its scope. And if ye give your word, do justice thereunto, even though it be (against) a kinsman; and fulfil the covenant of Allah. This He commandeth you that haply ye may remember.}} | ||
== | ==References== | ||
<references /> | <references /> | ||
[[Category:Islamic finance]] | |||
[[Category:Shariah (Islamic Law)]] | |||
[[Category:Women]] | |||
[[Category:Criticism of Islam]] | |||
Latest revision as of 21:10, 23 February 2021
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Islamic Inheritance law is a field of jurisprudence (fiqh) in Islamic Law (Sharia). While most detailed topics of Islamic law are not discussed in the Qur'an, Islamic inheritance law is unique as it takes up multiple pages of the holy book. While the inheritance laws revealed to Muhammad in the Qur'an generally improved the fate of female heirs relative to their fate in pre-Islamic Arabia, Islamic inheritance laws do favor male heirs, since, according to the Qur'an, "Men are in charge of women, because Allah hath made the one of them to excel the other, and because they spend of their property (for the support of women). So good women are the obedient..." (tr. Pickthall; emphasis added).[1]
So while Islamic inheritance law stopped the practice of inheriting widows and guaranteed female heirs a share of their deceased male relatives' estates, its also required that one's daughter inherit just half of what one's son would inherit. Thus, while the reforms brought by Islam were progressive by the standards of 7th century Arabia, they stifle the advancement of women's rights today.
Wasiyah, or bequest
While the specifics of inheritance are outlined in Islamic scriptures in great (and sometimes contradictory) detail, leaving little choice for deliberation, there is a portion of a person's inheritance that they are allowed to distribute as they please - so long as no part of this third is given to a family member whose share is already outlined by the Qur'an (though this requirement can sometimes be overturned if all inheriting family members agree to allowing some of their group to inherit more than they are due). This segment is called the wasiyah and can be up to one third of one's estate.
Relevant Quotations
It is prescribed for you, when death approacheth one of you, if he leave wealth, that he bequeath unto parents and near relatives in kindness. (This is) a duty for all those who ward off (evil).
And whoso changeth (the will) after he hath heard it - the sin thereof is only upon those who change it. Lo! Allah is Hearer, Knower.
But he who feareth from a testator some unjust or sinful clause, and maketh peace between the parties, (it shall be) no sin for him. Lo! Allah is Forgiving, Merciful.(In the case of) those of you who are about to die and leave behind them wives, they should bequeath unto their wives a provision for the year without turning them out, but if they go out (of their own accord) there is no sin for you in that which they do of themselves within their rights. Allah is Mighty, Wise.
Unto the men (of a family) belongeth a share of that which parents and near kindred leave, and unto the women a share of that which parents and near kindred leave, whether it be little or much - a legal share.
And when kinsfolk and orphans and the needy are present at the division (of the heritage), bestow on them therefrom and speak kindly unto them.
And let those fear (in their behaviour toward orphans) who if they left behind them weak offspring would be afraid for them. So let them mind their duty to Allah, and speak justly.Allah chargeth you concerning (the provision for) your children: to the male the equivalent of the portion of two females, and if there be women more than two, then theirs is two-thirds of the inheritance, and if there be one (only) then the half. And to each of his parents a sixth of the inheritance, if he have a son; and if he have no son and his parents are his heirs, then to his mother appertaineth the third; and if he have brethren, then to his mother appertaineth the sixth, after any legacy he may have bequeathed, or debt (hath been paid). Your parents and your children: Ye know not which of them is nearer unto you in usefulness. It is an injunction from Allah. Lo! Allah is Knower, Wise.
O ye who believe! It is not lawful for you forcibly to inherit the women (of your deceased kinsmen), nor (that) ye should put constraint upon them that ye may take away a part of that which ye have given them, unless they be guilty of flagrant lewdness. But consort with them in kindness, for if ye hate them it may happen that ye hate a thing wherein Allah hath placed much good.
And unto each We have appointed heirs of that which parents and near kindred leave; and as for those with whom your right hands have made a covenant, give them their due. Lo! Allah is ever Witness over all things.
They ask thee for a pronouncement. Say: Allah hath pronounced for you concerning distant kindred. If a man die childless and he have a sister, hers is half the heritage, and he would have inherited from her had she died childless. And if there be two sisters, then theirs are two-thirds of the heritage, and if they be brethren, men and women, unto the male is the equivalent of the share of two females. Allah expoundeth unto you, so that ye err not. Allah is Knower of all things.
O ye who believe! Let there be witnesses between you when death draweth nigh unto one of you, at the time of bequest - two witnesses, just men from among you, or two others from another tribe, in case ye are campaigning in the land and the calamity of death befall you. Ye shall empanel them both after the prayer, and, if ye doubt, they shall be made to swear by Allah (saying): We will not take a bribe, even though it were (on behalf of) a near kinsman nor will we hide the testimony of Allah, for then indeed we should be of the sinful.
But then, if it is afterwards ascertained that both of them merit (the suspicion of) sin, let two others take their place of those nearly concerned, and let them swear by Allah, (saying): Verily our testimony is truer than their testimony and we have not transgressed (the bounds of duty), for them indeed we should be of the evil-doers.
Thus it is more likely that they will bear true witness or fear that after their oaths the oaths (of others) will be taken. So be mindful of your duty (to Allah) and hearken. Allah guideth not the froward folk.And approach not the wealth of the orphan save with that which is better, till he reach maturity. Give full measure and full weight, in justice. We task not any soul beyond its scope. And if ye give your word, do justice thereunto, even though it be (against) a kinsman; and fulfil the covenant of Allah. This He commandeth you that haply ye may remember.