THE ISLAMIC INHERITANCE LAW (FARAID): THE MANIFESTATION OF COMPREHENSIVE INHERITANCE MANAGEMENT IN ISLAM*
By
Associate Professor Mohd Ridzuan Awang
Islamic Law (Syariah) Department
Universiti Kebangsaan Malaysia
PREFACE
The Islamic Inheritance Law (faraid) has been pre-ordained by Allah s.w.t. in a wise and gradual manner in order to allow for its compatibility with the judiciary and human nature which might find it difficult to change their normal practices. At the early stage, Islam perpetuated the inheritance laws of the Jahiliyah, a temporary system based on kinship and Hijrah. The system was then overruled and replaced by the inheritance distribution by will system (wasiat) to parents and kinsfolk based on verse 180 from Surah al-Baqarah. At the final stage, all previous systems were abolished and replaced with the current Islamic Inheritance Law. The law was derived from the commandments of Allah s.w.t. based on the Mawarith verses which are verses 11, 12 and 176 of Surah al-Nisa. The Islamic Inheritance Law today is a complete and comprehensive system for the rightful beneficiaries, the portions for each beneficiary and all non-rightful beneficiaries to the inheritance using al-Hajb doctrine or method.
Allah s.w.t. has determined the rulings and methods to distribute inheritance among all beneficiaries with the purpose to act fairly to all levels of beneficiaries and to avoid discrepancies among them.
_______________
*This working paper was presented at the National Convention of Faraid and Hibah 2008, organised by the Islamic Development Malaysia Department (JAKIM) at the Multipurpose Hall of the Federal Territory Mosque, Kuala Lumpur on 7 August 2008.
At the end of the verses 11, 12 and 176, surah al-Nisa, Allah s.w.t. commanded meaning:
“Indeed, Allah is ever Knowing and Wise”, “[This is] an ordinance from Allah, and Allah is Knowing and Forbearing” and “Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things”.
2
SOURCES OF ISLAMIC INHERITANCE LAW AND THE VERDICT TO LEARN IT
Faraid is based on the al-Quran, al-Sunnah, the consensus of the Prophet‟s (peace and blessings be upon him) companions and their ijtihad (the process of making a legal decision by independent interpretation of the legal sources, the al-Quran and the Sunnah). In the al-Quran, there are two verses related to inheritance which are the mujmal verse and the mufassal verse. The verses in the first category explain the beneficiaries‟ rights in general without discussing their portions in detail. While the verses in the second category, which is the al-mawarith verse, Allah s.w.t. explained in detail regarding the beneficiaries and the portions or shares for each of the beneficiary.
Among the verses that are mujmal in nature, Allah s.w.t commanded meaning:
“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” (al-Quran, al-Nisa‟ 4:7).
“But those of [blood] relationship are more entitled [to inheritance] in the decree of Allah. Indeed, Allah is Knowing of all things” (al-Quran, al-Anfal 8:75).
In the al-mawarith verse, Allah s.w.t. has explained in detail with regard to the beneficiaries and their portions in the inheritance meaning:
i) “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 male siblings [or Female siblings], 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” (al-Quran, surah al-Nisa‟ 4: 11).
3
ii) “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 female sibling, 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” (al-Quran, surah al-Nisa‟4: 12).
iii) “They request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as beneficiaries]." If a man dies, leaving no child but [only] a female sibling, 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 Female siblings [or more], they will have two-thirds of what he left. If there are both male siblings and Female siblings, 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” (al-Quran, surah al-Nisa‟ 4: 176).
Based on all three verses above, it can be concluded that:
1) The principle of inheritance distribution in Islam is that the portion for a male beneficiary is equivalent to two parts of the female beneficiary. This principle is applied in many inheritance cases especially in the case of asabah bi al-ghayr. The distribution of inheritance in such a case must be made based on the method that a male beneficiary‟s portion is equivalent to two parts of the female beneficiary‟s portion.
2) The beneficiaries from ashab al-furud and asabah bi al-ghayr have been clearly defined along with their individual inheritance portion. Among the ashab al-furud beneficiaries mentioned in that verse include a daughter, mother, father, husband, wife, male siblings of the same mother, female
4
siblings of the same mother, female siblings of the same parents and female siblings of the same father.
3) The distribution of inheritance among the beneficiaries must be made after all debts being either debts to Allah s.w.t. (such as zakat, kaffarah, etc.), or debts to fellow human beings and after the deceased‟s will is settled (if any) on a 1/3 rate from the total inheritance amount.
By
Associate Professor Mohd Ridzuan Awang
Islamic Law (Syariah) Department
Universiti Kebangsaan Malaysia
PREFACE
The Islamic Inheritance Law (faraid) has been pre-ordained by Allah s.w.t. in a wise and gradual manner in order to allow for its compatibility with the judiciary and human nature which might find it difficult to change their normal practices. At the early stage, Islam perpetuated the inheritance laws of the Jahiliyah, a temporary system based on kinship and Hijrah. The system was then overruled and replaced by the inheritance distribution by will system (wasiat) to parents and kinsfolk based on verse 180 from Surah al-Baqarah. At the final stage, all previous systems were abolished and replaced with the current Islamic Inheritance Law. The law was derived from the commandments of Allah s.w.t. based on the Mawarith verses which are verses 11, 12 and 176 of Surah al-Nisa. The Islamic Inheritance Law today is a complete and comprehensive system for the rightful beneficiaries, the portions for each beneficiary and all non-rightful beneficiaries to the inheritance using al-Hajb doctrine or method.
Allah s.w.t. has determined the rulings and methods to distribute inheritance among all beneficiaries with the purpose to act fairly to all levels of beneficiaries and to avoid discrepancies among them.
_______________
*This working paper was presented at the National Convention of Faraid and Hibah 2008, organised by the Islamic Development Malaysia Department (JAKIM) at the Multipurpose Hall of the Federal Territory Mosque, Kuala Lumpur on 7 August 2008.
At the end of the verses 11, 12 and 176, surah al-Nisa, Allah s.w.t. commanded meaning:
“Indeed, Allah is ever Knowing and Wise”, “[This is] an ordinance from Allah, and Allah is Knowing and Forbearing” and “Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things”.
2
SOURCES OF ISLAMIC INHERITANCE LAW AND THE VERDICT TO LEARN IT
Faraid is based on the al-Quran, al-Sunnah, the consensus of the Prophet‟s (peace and blessings be upon him) companions and their ijtihad (the process of making a legal decision by independent interpretation of the legal sources, the al-Quran and the Sunnah). In the al-Quran, there are two verses related to inheritance which are the mujmal verse and the mufassal verse. The verses in the first category explain the beneficiaries‟ rights in general without discussing their portions in detail. While the verses in the second category, which is the al-mawarith verse, Allah s.w.t. explained in detail regarding the beneficiaries and the portions or shares for each of the beneficiary.
Among the verses that are mujmal in nature, Allah s.w.t commanded meaning:
“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” (al-Quran, al-Nisa‟ 4:7).
“But those of [blood] relationship are more entitled [to inheritance] in the decree of Allah. Indeed, Allah is Knowing of all things” (al-Quran, al-Anfal 8:75).
In the al-mawarith verse, Allah s.w.t. has explained in detail with regard to the beneficiaries and their portions in the inheritance meaning:
i) “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 male siblings [or Female siblings], 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” (al-Quran, surah al-Nisa‟ 4: 11).
3
ii) “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 female sibling, 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” (al-Quran, surah al-Nisa‟4: 12).
iii) “They request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as beneficiaries]." If a man dies, leaving no child but [only] a female sibling, 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 Female siblings [or more], they will have two-thirds of what he left. If there are both male siblings and Female siblings, 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” (al-Quran, surah al-Nisa‟ 4: 176).
Based on all three verses above, it can be concluded that:
1) The principle of inheritance distribution in Islam is that the portion for a male beneficiary is equivalent to two parts of the female beneficiary. This principle is applied in many inheritance cases especially in the case of asabah bi al-ghayr. The distribution of inheritance in such a case must be made based on the method that a male beneficiary‟s portion is equivalent to two parts of the female beneficiary‟s portion.
2) The beneficiaries from ashab al-furud and asabah bi al-ghayr have been clearly defined along with their individual inheritance portion. Among the ashab al-furud beneficiaries mentioned in that verse include a daughter, mother, father, husband, wife, male siblings of the same mother, female
4
siblings of the same mother, female siblings of the same parents and female siblings of the same father.
3) The distribution of inheritance among the beneficiaries must be made after all debts being either debts to Allah s.w.t. (such as zakat, kaffarah, etc.), or debts to fellow human beings and after the deceased‟s will is settled (if any) on a 1/3 rate from the total inheritance amount.
Comments
Post a Comment