Friday 7 February 2014

Law of inheritance in Islam

Social Order of Islam (Islamic Law of inheritance)In the light of Qur'an:Islam divides property between males and females, where man usually gets double than woman. The distribution of property among males or females, sounds the financial position of both the groups. The Qur'an takes up this subject in Surat-un-Nisa The Qur'an in 4:7-13 and 127 says:"For men is a share of that which parents and near relations leave; and for women too is a share of that which parents and near relations leave, whether it be little or much, a determined share.""And when other relation of orphans and the poor are present at the division of the heritage, give them something there from and speak to them words of kindness. And let those who fear Allah, who, if they leave behind them their own weak offspring, would be anxious for them. Let them, therefore, fear Allah and let them say the right words. Surely they who devour the property of orphans unjustly, only swallow fire into their bellies, and they shall burn in a blazing fire.Allah commands you (O mankind) concerning your children: A male shall have as much as the share of two females; if there be females only numbering more than two, then they shall have two-thirds of what the deceased leaves; and if there be one, she shall have the half. And his parents shall have each of them a sixth of the inheritance, if he has a child; but if he has no child and his parents be his heirs, then his mother shall have a third; and if he has brothers and sisters then his mother shall have a sixth, after the payments of any bequests he may have bequeathed or of debt. Your father and your children, you do not know which of them is nearest to you in benefit. This fixing of portions is from Allah. Surely, Allah is All-knowing, wise. And you shall have half of that which your wives leave if they have no child; but if they have a child then you shall have a fourth of that which they have, after the payment of any bequest they may have bequeathed or of debt. And they shall have a fourth of that which you leave, if you have no child; but if you have a child, then they shall have an eight of that which you leave, after the payment of any bequests you may have bequeathed or of debt. And if there is a man or a woman whose heritage is to be divided and he or she has neither parent nor a child, and he or she has brother or a sister, then each one of them shall have a sixth. But if they be more than that, then they shall be equal sharer in one-thirds, after the payment of any bequests which may have been bequeathed or of debt, without prejudice to the debt. This is an injunction from Allah and Allah is The Knowing, Forbearer.These are the Limits set by Allah and whoever obeys Allah and His Prophet He will make him enter into Gardens through which streams flow; therein they shall live; and that is a great and supreme success. And whoever disobeys Allah and His Prophet and transgresses His limits. He will make him enter into Fire; therein shall he abide, and he shall have a humiliating punishment."They Ask you, (O! Prophet) for instructions. Say : Allah gives you (O! mankind) His instructions concerning Kalala. If a man dies leaving no child and he has a sister, then she shall have of what he leaves; and he shall inherit her if she has no child. But if there be two sisters, then they shall have two-thirds of what he leaves. And if the heirs be brethren, both men and women then the male shall have as much as the portion of two females. Allah explains this to you (O! mankind) lest you go astray. And Allah knows all things well."

0 comments:

Post a Comment