Matter Of Inheritance

 بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allāh, Most Gracious, Most Merciful.

The Islamic ruling in the matter of inheritance is that the divinely allocated shares of what the deceased left behind should be distributed immediately. Delay in the distribution is unislamic and sinful. It is disliked (makrooh) to delay sharing out the estate, because of the harm that this may cause to the heirs. As soon as death occurs, the deceased is no longer the owner of his or her wealth. It is now the wealth of heirs and must be distributed immediately to the rightful owners. 

Any property such as a house, that needs to be distributed, should be valued at the general market value of the time. 

For the allocated Qur’ānic shares, there is no need for everyone’s approval. Therefore, you should go ahead and distribute the inheritance of your father at your earliest. Allāh’s command is above all.

Regarding any expenses of the property prior to the distribution, these expenses should be taken from the deceased’s inheritance. If you have paid them from your personal wealth, then you have the right to obtain what you have paid, from the inheritance prior to distribution. 

“Indeed, Allāh commands you to render trusts to whom they are due.” – (Qur’ān 4:58)[1]

“The delay of the person who has wealth [that is owing to others] is oppression.” – (Saḥīḥ Bukhārī 2400)[2]

“[I order you] to give the rights that are upon you!” – (Saḥīḥ Bukhārī 2400)[3]

“If anyone deprives an heir of their inheritance, Allāh will deprive them of their inheritance in Paradise on the Day of Resurrection.” – (Mishkāt Al-Maṣābīḥ 3078)[4]

Only Allāh knows best.

[1] إِنَّ اللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا – النساء ٥٨

[2] مَطْلُ الْغَنِيِّ ظُلْمٌ – البخاري ٢٤٠٠

[3] تُؤَدُّونَ الْحَقَّ الَّذِي عَلَيْكُمْ – البخاري ٣٦٠٣

[4] عَنْ أَنَسٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ قَطَعَ مِيرَاثَ وَارِثِهِ قَطَعَ اللَّهُ مِيرَاثَهُ مِنَ الْجَنَّةِ يَوْمَ الْقِيَامَةِ – مشكوة المصابيخ 

It is not permissible for the mother/father to give something to one of her children and not the others, because of the hadeeth narrated by al-Nu’maan ibn Basheer (may Allaah be pleased with him), who said: “My father gave me some of his wealth as a gift, and my mother said, ‘I will not accept this until you ask the Messenger of Allaah (peace and blessings of Allaah be upon him) to be a witness to this.’ So my father went to the Prophet (peace and blessings of Allaah be upon him) to ask him to be a witness to the gift, and the Messenger of Allaah (peace and blessings of Allaah be upon him) said, ‘Have you done this for all your children?’ He said, ‘No.’ He said, ‘Fear Allaah and treat all your children fairly.’ So my father came back and took back the gift.” (Agreed upon).

It is not permissible for a mother/father to bequeath anything to one of her heirs, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no bequest to the heir.” (Kashf al-Qinaa’, 4/342; Ghaayat al-Muntahaa, 2/335; al-Mughni, 5/604). If she does, her bequest should not be carried out.

So It is a mandatory obligation of the heirs of a deceased person that immediately after his death they divide all his estate among themselves according to the shares prescribed by the Shari’ah. It is very unfortunate that many Muslims today do not comply with the rules of Shari’ah in this respect, and their negligence many times leads to serious disputes between the heirs of the deceased, and by the passage of time the problems become more complicated. 

HIBA

During a person’s life time one is free to gift (hiba) anything from his possessions to anyone. If some property or money is legally given to someone else, this does not remain the legal possession of the deceased. Therefore it will not be included in his estate. Of course Quran also teaches us fairness and justice, and this should always be kept in mind.

Hadhrat Nauman Bin Bashir relates, “My father gave me a gift (hiba). My mother, Umrah binnat Rawaha, objected and insisted that we should have the Holy Prophet (saw) as witness for this gift (hiba). His father went to the Holy Prophet (saw) and said, I have made a gift to my son but his mother insists that you should be the witness for this transaction. Holy Prophet (saw) asked, “Have you gifted the same to all of your sons?” He said, “No”. Holy Prophet (saw) said, “Fear Allah and act with justice between your children.” Hadhrat Nauman says his father withdrew the gift. (Bokhari, Kitab-ul-Hiba)

Hadhrat Anas says, Holy Prophet (saw) said, “A person who makes an effort to deprive his heirs of their share in his inheritance, Allah will not let him inherit the Paradise on the Day of Judgment.” (Ibne Majah, Bab-ul-Wasaya)

Bequest or Wasiyyat cannot be done in favor of one who is included in the heirs. For example, father cannot give anything extra to his son or daughter over and above their prescribed share. (Tirmidhi, Bab-ul-Wasaya)

A Non-Muslim scholar on Islamic law of inheritance: Professor Almaric Rumsey (1825-1899) of King’s College, London, the author of many works on the subject of the Muslim law of inheritance and a barrister-at-law, stated that the Muslim law of inheritance, “comprises beyond question the most refined and elaborate system of rules for the devolution of property that is known to the civilized world.” (Rumsey, A. Mohummudan Law of Inheritance. (1880) Preface iii)

Removing or depriving an heir form inheritance: It is a practice in some parts of the world that father disowns his son because of son’s bad behavior. He also removes the name of the son from his heirs (aaq). Ads are taken out in newspapers to advertise the displeasure. The will is written to reflect that so and so cannot inherit from the estate.

Islam does not allow this. The heirs have been determined by Allah the Almighty in His infinite wisdom and their shares are fixed. According to the Holy Quran, no one has the authority to instruct the division or allocation of his estate after his death. Allah has permitted a wasiyyat which can include only 1/3rd of the estate at the most. The rest is divided among the divinely appointed heirs. Even wasiyyat part can be changed if it is determined to be unjust. Such a Will can be challenged and will be held deficient in Islamic Family Law. No one has the authority to expunge an heir from inheritance if Allah has included him or her in the heirs.

Allah says in the Holy Quran, “Among your elders and your children, you don’t know who is of more benefit to you. (in the context of fixed portions in inheritance) This is an obligation from Allah. Surely Allah is All Knowing and Wise.” (4:12)

Before distributing an inheritance in Islam, several obligations must be fulfilled. These are:

1. Funeral Expenses: The first priority is to cover the costs of the deceased's funeral. This includes the burial, shroud, washing, and any other expenses related to the burial process.

2. Debts: All the deceased's debts must be settled before distributing the inheritance. This includes any financial obligations, such as loans, unpaid bills, and outstanding payments.

3. Bequests (Wasiyyat): The deceased may have made a bequest (wasiyyat) in their will, which is a gift to a specific person or charity. This bequest cannot exceed one-third of the estate.

4. The Share of the Spouse: The spouse of the deceased is entitled to a specific share of the inheritance, as outlined in the Quran. 

5. The Shares of the Heirs: The remaining inheritance is then distributed among the legal heirs according to their prescribed shares, as determined by Islamic law.

It is crucial to fulfill these obligations in the order mentioned above. Failure to do so can lead to complications and disputes among the heirs. It is also important to note that these obligations should be fulfilled with the utmost care and honesty. It is a great sin to withhold or mismanage the deceased's property.

Disputes among heirs during inheritance distribution are unfortunately common. Here's a breakdown of how to handle them, emphasizing Islamic principles:

1. Seek Guidance and Mediation:

Consult a Scholar: The first step is to seek guidance from a qualified Islamic scholar. They can interpret the relevant Islamic laws and provide rulings based on the specific circumstances.

Family Mediation: Encourage family members to engage in open and respectful dialogue. A trusted family member or a respected community figure can act as a mediator to facilitate communication and find common ground.

2. Emphasize Islamic Principles:

Justice and Fairness: Remind everyone involved of the importance of justice and fairness in Islamic inheritance law. The Quran emphasizes that Allah commands us to render trusts to whom they are due (Quran 4:58).

Patience and Forbearance: Encourage patience and understanding. Remember that Allah tests us with challenges, and dealing with inheritance disputes requires patience and a commitment to seeking a solution that pleases Allah.

Avoiding Disputes: The Prophet Muhammad (peace and blessings be upon him) said, "The best of Muslims are those who are most beneficial to the Muslims. And the best of deeds are those that bring happiness to the heart of a Muslim, free him from distress, pay off his debt, or satisfy his hunger." (At-Tirmidhi)

3. Legal Options:

Islamic Courts: If mediation fails, seeking resolution through an Islamic court (Sharia court) is an option. These courts are specifically designed to handle disputes based on Islamic law.

Civil Courts: In some cases, it may be necessary to involve civil courts, especially if there are legal complexities or if the parties involved are not willing to abide by Islamic rulings. 

4. Practical Tips:

Documentation: Maintain detailed records of all transactions, valuations, and agreements. This will help prevent misunderstandings and provide evidence if disputes arise.

Transparency: Be open and transparent with all heirs about the process of distributing the inheritance.

Compromise: Encourage everyone to be willing to compromise and find a solution that is acceptable to all parties involved.

5. Remember the Consequences:

Divine Justice: The Prophet Muhammad (peace and blessings be upon him) warned that Allah will deprive those who deprive others of their inheritance from inheriting Paradise on the Day of Judgment. (Mishkat al-Masabih 3078)

Family Harmony: Disputes over inheritance can lead to lasting bitterness and damage family relationships. It is essential to prioritize harmony and seek solutions that preserve family bonds.

Seeking Allah's Guidance:

Prayer: Turn to Allah in prayer for guidance and strength. Pray for wisdom, patience, and the ability to find a just and equitable solution.

Trust in Allah: Remember that Allah is the ultimate provider and the best of planners. Trust in His justice and have faith that He will guide you to the right path.

Remember, dealing with inheritance disputes requires patience, wisdom, and a commitment to Islamic principles. By seeking guidance from scholars, engaging in mediation, and prioritizing justice and family harmony, you can strive to resolve these challenges in a way that pleases Allah and preserves the well-being of all involved.

So my opinion states that the deceased's wealth becomes the wealth of the heirs immediately upon death. While this is true in principle, the distribution of the inheritance should be done according to the Islamic rules and after fulfilling the necessary obligations, such as funeral expenses, debts, and bequests. The mother cannot bequeath anything to her heirs. This is only true if the heir is entitled to a share in the inheritance. For example, a mother cannot bequeath to her son if he is already entitled to a share as an heir. However, she can bequeath to someone who is not an heir, such as a charity.