In the Name of Allah, Most Merciful, Most Compassionate
Assalaamu alaykum
Dear Friends
I pray that you are well.
Inheritance law was described by the Prophet, Allah bless him and grant him peace, as half of knowledge and the first knowledge to be taken from this Ummah.
The Prophet, Allah bless him and grant him peace, said,
Learn inheritance and teach it for it is half the knowledge and it will be forgotten, and it is the first thing to be ripped from my Ummah.[Ibn Majah 2710]
He, Allah bless him and grant him peace, also said,
Learn inheritance and teach it to people for I am a mortal being and knowledge will decrease until two people would differ amongst themselves over inheritance, but wouldn’t find an arbitrator.[Al Nisa’i 6305]
Look around and you will see the truth of the Prophet’s statement —- families divided over property, children hurt over parental preference in wills, siblings no longer on speaking terms with each other, even when the deceased left a small estate. It is crucial that inheritance law be learned and applied, otherwise some may be denied their rights while others eat of haram wealth.
Some Muslims are taking the non-Muslim concept of inheritance, maybe ignorance, maybe simply disobedience.
One of the rules of Islamic inheritance is that the male inherits double the female.
Allah Almighty says,
...يُوصِيكُمُ ٱللَّـهُ فِىٓ أَوْلَـٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ[Qur'an An-Nisa 3:11]
Allah instructs you concerning your children: for the male, what is equal to the share of two females...
For non-Muslims and some Muslims see that as unfair and weird. As Muslims, we believe that Allah is a fair judge and that His justice is absolute: no injustice towards humans or any other creature is found in His sacred law. The Qur'an says, “And your Lord wrongs no-one” (al-Kahf: 49); “God is no oppressor of His servants” (al-Hajj:10); and “It was not for God to wrong them (al-‘Ankabut:40). As Muslims, we know that Allah didn’t give a rule that only fits 1400 years ago, nor just for yesterday's society.
The inheritance law is directly related to the structure of a family in Islam, and how a family should be for our benefit and salvation of humanity. The family in Islam is an integral unit in society. It forms the basic building block of Muslim society. The traditional Muslim family is extended, often spanning three or more generations. An extended structure offers many advantages, including stability, coherence, and physical and psychological support, particularly in times of need.
The man is considered the head of the family. With leadership comes responsibility. Economic responsibility for maintaining the family falls squarely on the shoulders of the man, irrespective of whether his wife is earning money or have more wealth.
Allah Almighty says,
... ٱلرِّجَالُ قَوَّٰمُونَ عَلَى ٱلنِّسَآءِ بِمَا فَضَّلَ ٱللَّـهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَآ أَنفَقُوا۟ مِنْ أَمْوَٰلِهِمْ[Qur'an an-Nisa 4:34]
Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means... (34)
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ قُوٓا۟ أَنفُسَكُمْ وَأَهْلِيكُمْ نَارًا وَقُودُهَا ٱلنَّاسُ وَٱلْحِجَارَةُ عَلَيْهَا مَلَـٰٓئِكَةٌ غِلَاظٌ شِدَادٌ لَّا يَعْصُونَ ٱللَّـهَ مَآ أَمَرَهُمْ وَيَفْعَلُونَ مَا يُؤْمَرُونَ ﴿٦[Qur'an At-Tahrim 66:6]
O you who have believed, protect yourselves and your families from a Fire whose fuel is people and stones, over which are [appointed] angels, harsh and severe; they do not disobey Allah in what He commands them but do what they are commanded.
The man in the family is responsible for taking care of his wife, children, parents/grandparents, siblings if they are young or financially incapable, and his womenfolk (sisters, aunts, nieces, etc.). This does not mean that the rest of them are useless or incapable of doing things in society but, just like a ship has a captain, in Islam the captain of the ship is the male in the family.
Yes, in many cases the father passes away, and the mother steps in. And she does an excellent job.
Yes, in many cases men are dirt bags and do not do their duties. And women end up trying to pickup where the man failed.
Yes, in many cases a man and a woman "willingly agree" to share the household expenses and so on.
But, this rule is for all, the general rule that organizes a family. If the man follows the rule, he will reap a tremendous reward in this life before the next. If he doesn't, he can be sued in court in this life and the court would enforce payments upon him. In the next life, he will have to answer to His Lord and the consequence is grave. Many of the ills of the society is a direct consequence of the man not fulfilling his financial duties towards his family.
Men should not be too quick to pocket their double share of inheritance and women should not be fighting for equal rights but be grateful that Allah didn't give you such responsibility that is given men.
One thing that many Muslims neglect to do during their lifetime is to write their Islamic will (wasiyya). The Prophet, Allah bless him and grant him peace, said,
It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a will about it.[Sahih al-Bukhari]
He also said,
A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If, (on the other hand), a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the Garden.[Ahmad and Ibn Majah]
May Allah grant us a sound understanding of His religion and save us and our families from disobedience. Ameen.
Please don't forget us in your night prayers. Jazakallahu khairan.
And Allah knows best.
Wassalaam
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