2,743
edits
Contradictions in the Quran: Difference between revisions
→What are the shares in an inheritance?
| [checked revision] | [checked revision] |
Lightyears (talk | contribs) (Clarity improvements) |
Lightyears (talk | contribs) |
||
| Line 1,295: | Line 1,295: | ||
As is much discussed in some detail on external websites, the Quranic inheritance laws can in many situations result in the total shares being greater than 100 percent. This was so problematic that the 'awl system had to be created after Muhammad's death to work around the issue. | As is much discussed in some detail on external websites, the Quranic inheritance laws can in many situations result in the total shares being greater than 100 percent. This was so problematic that the 'awl system had to be created after Muhammad's death to work around the issue. | ||
{{Quote|{{Quran-range|4|11|12}}|Allah | {{Quote|{{Quran-range|4|11|12}}|Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. 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. | ||
<br> | <br /> | ||
And | 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.}} | ||
{{Quote|{{Quran|4|176}}|They request from you a [legal] ruling. '''Say, "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.}} | |||
As well as the above mentioned issue (and the many scenarios for which the Quran provides no answer at all), there are various contradictions concerning the shares of brothers and sisters. Inheritance shares are stipulated for siblings only when the deceased has no parents or children, but contradictory instructions occur in the two verses where this situation is addressed, {{Quran-range|4|11|12}} and {{Quran|4|176}} (incidentally, the latter verse is oddly appended to the very end of surah al-Nisa). Both these verses give rulings for the estate of someone who has "neither ascendants nor descendants" (kalālatan). | |||
- According to verse 12, a brother or sister of such a person would each receive a sixth share, but verse 176 says that a brother will have double the share of a sister.<br /> | |||
- According to verse 12, multiple siblings will split a third share between them (a sixth each or less), but verse 176 says two sisters will split a two-thirds share.<br /> | |||
- According to verse 12, if there is only a sister she will receive a sixth share, but verse 176 says she will receive a half share.<br /> | |||
- According to verse 12, if there is only a brother, he will receive a sixth share, but verse 176 says that a brother inherits the entire estate if his sister dies and has no child. | |||
To solve the contradictions, Malik in {{Muwatta|27||7}} records that the generally agreed way of doing things in his experience was to interpret verse 12 as relating to half-siblings by the mother of the deceased, whereas verse 176 was interpreted as relating to siblings by the same father as the deceased. There is no support for these interpretations whatsoever in the verses, which simply refer to brothers and sisters. Critics further point out that it would be very odd for the situation of half-siblings to be addressed early in the surah and that of full-siblings only in a verse appended to the very end of the surah. | |||
==See Also== | ==See Also== | ||