What Are The Laws Of Quran | Explanation Of The Holy Quran
  • About
  • opening remarks
  • nature of Quranic law
  • Non-Muslims and Islamic Law
  • obligation to obey God and His Prophet
  • rituals
  • legal system and criminal law
  • oath, evidence and witness
  • dietary law
  • moral, ethics and culture
  • inheritence
  • familial relationship
  • marriage and sexuality
  • jihad, war and conflict
  • economics, finance and treaties
  • government, rights, duties and organization
  • the muslim character
  • About
  • opening remarks
  • nature of Quranic law
  • Non-Muslims and Islamic Law
  • obligation to obey God and His Prophet
  • rituals
  • legal system and criminal law
  • oath, evidence and witness
  • dietary law
  • moral, ethics and culture
  • inheritence
  • familial relationship
  • marriage and sexuality
  • jihad, war and conflict
  • economics, finance and treaties
  • government, rights, duties and organization
  • the muslim character
What Are The Laws Of Quran | Explanation Of The Holy Quran

social cohesion and inheritence in islam

The proper realization of Islamic inheritance is essential for familial and social stability. Islamic governance with Islamic jurisdiction must ensure efficient, effective laws, protocols and administrations to oversee the implementation and distribution of Islamic inheritance. The inheritance law of Islam is not faith based and thus non-Muslims are also obliged to follow the laws of inheritance under Islamic jurisdiction. This equitable distribution of wealth is needed for everyone.
Quran 4:7

For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much - an obligatory share. (NFBL)

Commentary of Quran 4:7

Islam obligates inheritance for both man and woman. A person cannot just leave his or her wealth as they want and desire because there are people who are entitled and rightful to his/her wealth. Islamic wisdom behind inheritance is preservation of lineage and family, and equitable distribution of wealth among humans. So Islam implements a model of wealth distribution through inheritance and that people are not free to do what they wish with their wealth.

Quran 2:180


Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest/will for the parents and near relatives according to what is acceptable - a duty upon the righteous. (NFBL)

Commentary of Quran 2:180

In Arabic it is termed wasiyya in Quran. Wasiyya is a more general than inheritance. Both are obligatory. Bequest or will is given to relatives who are not entitled to inheritance. Inheritance is fixed and measured depending on relationship to the deceased. The “will” however cannot distribute more than one third of the deceased’s wealth unless the rightful inheritors allow such. A will can be formed by the deceased based on Islamic laws and protocols. The wisdom behind this bequest is to care for the unfortunate ones who do not inherit the dead. Often, we may leave behind relatives and family members who will not inherit us in any portion, so God has given them an opportunity and a right to the deceased to leave something for them in the will. The various details, contexts and issues are discussed in Islamic law books both Shia and Sunni.

Quran 4:11

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. (NFBL)

Commentary of Quran 4:11

Males inherit twice than females, but females get dowry unlike males and also mandatory financing from husband. So, Islam has set equitable distribution of wealth based on gender and responsibilities. In Islam the duties and responsibilities are based on gender due to their essential differences in psychology and biology. Men have greater responsibilities and duties, so females are more preserved and shielded from spending their own wealth, their own physical and mental efforts and from doing more worship. Females will always be impeded from being like men by menstruation and childbirth as well, so both sexes have different but equitable duties and responsibilities

The details, contexts and various legal issues are discussed on Shia and Sunni Islamic law books. This precise distribution of wealth by God Himself has deep wisdom in it. The fixed measure is possibly due to the distributive connected role-play for every relationship, and individual in the responsibility driven relational model of family. 

Quran 4:12


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. (NFBL)
 
Commentary of Quran 4:12

The Islamic laws of inheritance aim to keep families and relationships intact and cohesive, keep them stable and sustained to continue as a lineage and as a society.

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. (NFBL)

Commentary of Quran 4:176

This is a very rare form of inherital situation. God prescribes the distribution of wealth in this situation as well. Distribution of wealth is a constant in Islamic economic and financial model as hoarding is prohibited, even if a situation rises where wealth is remaining even after it has been distributed to every deserving inheritor then such remainder must be put in Islamic treasury if no will has been written to that effect of leftover wealth. The Islamic government is the keeper and caretaker of the herd.
 


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