Inheritance according to injunctions in Grand Qur’ān
Grand Qur’ān, disapproving patrilineal inheritance, declared daughter not Son as the central theme of Inheritance.
It is made incumbent upon death expecting wealthy person to bequeath for the Mother and Father; and nearer relatives.
Inheritance is the practice of passing on the property: moveable and immovable assets, debts and obligations upon the death of an individual. We will study the rules, regulations and law of inheritance prescribed in the Grand Qur’ān.
1. Governing Rules and Regulations about Inheritance. The division of Inheritance is based upon:
(a)
:
The Bequest to be bequeathed by the Dying Person for Mother and/or
Father; other surviving kin including orphaned grand-son/daughter,
described by Plural Noun:
.
[Legal parlance: Testate succession]
(b)
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:
The
Shares Permanently Cut, Determined and set aside by Allah the Exalted
out of the total Wealth;
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:
The Binding
Promulgation from Allah the Exalted modifying-annulling-superseding the Will of
the person in times after the death to the extent of shares apportioned
by Allah the Exalted.
2. Allah the Exalted relates the discourse of Inheritance to the Progenies of the people.
5. Mandatory and Discretionary Division of Inheritance in case of Person not blessed with a son.
Governing Rules and Regulations about Inheritance
1. Allah the Exalted has informed that a married man and thereby a married woman might be amongst the following categories with regard to progeny:
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The Dominion of the Skies and the Earth in absolute terms is exclusively for Allah the Exalted.
He the Exalted creates from nothingness that which He desires-wills.
He the Exalted grants females to the one for whom He the Exalted so decides. And grants males to the one for whom He the Exalted so decides. [42:49]
Or He the Exalted causes the grant as by grouping the progeny, males and females.
And He the Exalted declares someone about whom so desires to remain barren-without progeny.
Indeed He is eternally the Knowledgeable, the absolutely Dominant in setting equations and measures. [42:50]
2. Thereby, a married man or a married woman at the time of his or her death shall be in any of these states mutually exclusive:
a). Leaving behind a daughter or daughters: who may be girls and women depending upon the age the parent died.
b) Leaving behind a son or sons.
c) Leaving behind daughter and a son, or daughters and a son, or daughter/s and sons.
d) Leaving behind no progeny.
3. The wealth: moveable and immovable assets have become fascinatingly attractive for sensual excitements and gratifications for the majority of people:
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The love of sensual excitements felt for some of the women has become alluring for people;
And having sons has become a longing for people.
So has become the desire to have a state of hoarded abundance of Gold and Silver;
And the marked-pedigree horses [top of the line products], and abundance of herbivore-mammals, and for plenty of harvesting lands.
This is the wealth-sustenance-provision of the transitory worldly life.
Mind it that Allah the Exalted grants the most appropriate return and abode by His Grace. [3:14]
4. This being the ground reality, mere laws and regulations to implement justice in all respects in the case of inheritance and other economic problems is quite a difficult proposition for majority of human beings. Therefore, Allah the Exalted encourages creating a situation wherein justice can be established in such matters by heightening the moral consciousness of man and showing of mercy and kindness to those undergoing tribulations.
5. The rules and guidelines given for sharing the inheritance are aimed at avoiding heartburning, bickering and ill feelings amongst the members of bereaved family. The first decree is:
The Oral Bequest in favour of the Mother and Father and the relatively Near Relatives in accordance with the prevalent well known norms has been prescribed-decreed upon you people. This Oral Bequest is to be bequeathed at the point in time when the natural death has approached someone of you if he is leaving behind worldly wealth.
The Oral Bequest is mandatory-incumbent upon people who endeavor to remain cautious, avoiding conduct inspired and governed by emotion, in reverence and fear of Allah the Exalted. [2:180]
However, in case one apprehended inclination or evident injustice by a testator, thereby if he struck a correction amongst them-the beneficiaries and affected party, there shall at all be no blame upon him [since it is not substitution of the Will].
It is a fact that Allah the Exalted is oft the Forgiving-Overlooking, the fountain of Mercy. [2:182]
6.
The striking point to observe is that the:
"The
Bequest" is prescribed in relation to a point in time. Its time is when
a person expects that the death is close by. The time of announcing a
Will is not when one is hale and hearty.
It should be noted that:
"The
Bequest" by the testator is NOT for the progeny but is to be bequeathed
only for Parents and near-relatives.
7.
:
The Bequest by
the Near dying Person leaving behind worldly wealth is the
original and integral part of distribution of Inheritance. Therefore, detailed
procedure is laid down for it and its verification:
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O, those/you who consciously proclaim to have accepted/become believers, listen!
Witnessing between you by two men of your family-tribe who enjoy just repute is prescribed while making the Bequest [in compliance of injunction 2:180] at the time the natural death has approached someone of you people.
Or witness two strangers-alien men who are other than of your people-tribe if you were journeying in land whereat the trouble of natural death has reached you.
If you people feel irritating suspicion about communication of oral bequest by the two aliens, hold back the two after As-Sa'laat. And let them swear by Allah the Exalted to the effect;
"We wish not any worldly gain in disclosing the bequest of the deceased even if the beneficiary be our near one;
And nor we withhold-conceal the testimony in the name of Allah the Exalted. If we do that, truly we will in that case be among the Sinners." [5:106]
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Thereat, if it became evident that they two had sinfully assigned shares, thereby:
Let the other two men stand; at the place of those two, who are the near kin having claimed a more lawful right against them-the beneficiaries suggested by the earlier two.
Thereby, they two will swear by Allah the Exalted to the effect: "Indeed our testimony is stronger fact-truth than the testimony of both two of them;
And we two have not transgressed beyond truth. If we do that, truly we will in that case be amongst the transgressors-distorters of fact." [5:107]
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This mode of verification is better suited which will prompt the people to give the testimony exactly on its face-as was bequeathed by the deceased testator;
Or else they might apprehend that it might be rejected by other oaths taken after their attestation.
And you are directed to remain mindful and cautious avoiding unrestrained conduct in reverence and fear of Allah the Exalted;
Moreover, you are directed to attentively listen [injunctions in the Qur’ān].
Mind it; Allah the Exalted does not guide those people who are aberrant-the promise breakers and transgressors of the prescribed bounds. [5:108]
8.
: The Bequest by
the death expecting Person leaving behind worldly wealth,
subsequent to his death, is
partially modified and superseded by Allah the Exalted by apportioning
certain part of his wealth; inalienably assigning it to certain
Survivors. As for the
remaining part of wealth, the Will can also be modified to make
corrections for visible tilt and injustice by the Testator. In case he died a sudden death without
leaving the Will, it is for surviving kin of just repute to administer
justice regarding the part of wealth other than inalienably apportioned
by Allah the Exalted:
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This Ordinance regards permanently determined apportionment of inheritance, partially superseding the Will, is a time bound Obligation imposed by Allah the Exalted. [Ref 4:11]
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This Binding Ordinance of Apportionment of Inheritance is promulgated by Allah the Exalted for adhering it-ever sticking to it. [Ref 4:12]
9. The bereaved progenies will become the Orphans who might be youngsters at the time of death of their Father.
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And you are directed to give the bereaved children of fathers their inherited property and wealth [on reaching age of marriage-4:06 which is full maturity-6:152;17:34 and in presence of witnesses-4:06]
Be mindful; you should not replace their valuable property-wealth with invaluable-junks.
Moreover, you should not devour-consume-absorb their wealth in your personal belongings.
Indeed this is a great crime-major sin; self destruction [since it is like eating hell fire 4:10]. [4:02]
10. These instructions regarding foul play with the inherited property of others are with verbs in Jussive Mood. There are people who usurp the inheritance share of others:
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11. The fortunes accruing to various members of the bereaved family could fluctuate depending upon the progenies and blood relatives existing at the time of death of a person leaving assets.
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Share is apportioned for the Men partially from the inheritance left by the Mother and Father and the relatively Nearer Relatives.
And share is apportioned for the Women partially from the inheritance left by the Mother and Father and the relatively Nearer Relatives.
This share is out of that which has either become diminutive from that-inheritance or has become greater fortune apportioned. [4:07]
12.
:
This Verbal Sentence is the Relative Clause for
the preceding Relative Pronoun.
The Verb is: Perfect; Third person; Singular;
Masculine; Intransitive; and Subject pronoun is hidden linking back to
the Relative Pronoun. It is derived from مصدر-قِلَّة
Verbal noun. It signifies that its Subject has
become in diminutive proportion. After Appositive-Coordinating
conjunction for alternative option is the Verb:
denoting something having become in abundance or
large proportion.
13. The manners for showing open heartedness to non-stake holders at the time of division of inheritance is also prescribed:
Take note that in case the near relatives [non stakeholders], the orphans and the destitute have also come at the time of the division of inheritance, thereby you feed them-give something out of divisible wealth to them.
Moreover, speak to them a statement with kind and polite words of known import-true significance. [4:08]
Know it: Our Majesty has declared relatives and under patronage persons; in order of relative nearness, for every deceased man and woman to benefit partially in that the Mother and Father and relatively Nearer Relatives have left behind.
Take note: about those whom your right hand had pledged responsibility, therefore, you people grant them their payable obligation-fortune in the inheritance. [R 4:33]
14. This is promulgation.
Allah the Exalted has made it public that
plural: three or more are appointed as beneficiaries
for all the deceased to
share inheritance.
:
It
is a Prepositional Phrase relating to the
following Verb. It is always used in construct-possessive phrase. When
used elliptically-extremely concise in writing, it always has the
[تنوين التعويض]
"nunation of compensation" as is the case here. The discourse
and the sentence is about allocation of Inheritance, thereby, it manifest that
[تنوين التعويض]
"nunation of compensation" is for the deceased. The object of verb:
suffices for indicating that it relates to all the deceased and includes
the martyrs.
:
It means each, every denoting no exception.
This promulgation prohibits that the inheritance be given wholly to two
persons. The beneficiaries must be three or above.
Allah the Exalted has not neglected a single person who could suffer injustice, deliberately or inadvertently at the hands of dominants and has given specific directions for them. People can overlook about the persons whom they had voluntarily adopted-taken as their responsibility. For such people a separate clause is inducted in the above promulgation to allocate them their due share.
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You people are hereby directed to call them-adopted youngsters by their respective Fathers.
This is most appropriate and balanced conduct in the judgment of Allah the Exalted.
However, should you still have not known the Fathers of them, thereby, they are your brothers [not sons] in the Prescribed Code and Physical Procedure [Islam];
And they are your Beneficiaries. [33:05]
15. Before we proceed to find the share-part of the wealth determined and inalienably apportioned by Allah the exalted, superseding the Bequest of the deceased made in favour of parents and near relatives, we might capture what is advised here-before in different Ayahs:
a) The Progenies of the deceased could be grown up women and men, or be children called father-Orphans. The grown up will get the share straight away while the share of young children will be kept apportioned for delivery on strengthen maturity.
b) The inherited wealth should not be the focus of attention, rather the appeasement of all relatives and other visitors should be the primary consideration. They need to be fed with pleasantries and respectfully dealt with.
c) Depending upon the progenies, parents and blood relatives surviving at the time of death of a person leaving assets, the fortunes for some may diminish, or might enhance in another situation.
d) Allah the Exalted made it incumbent upon the death expecting wealthy person to orally narrate the Bequest to two men of good repute in favour of Father and Mother, and the Near Relatives that includes orphaned grand-progeny. This Bequest does not confer any right upon the bequeathed wealth so long the Person is living. He might have wrongly judged about his death. After his death, the Bequest is superseded by Allah the Exalted to the extent of shares apportioned and inalienably assigned by Him the Exalted in favour of certain Relatives as we will read hereafter. As for the remaining part of wealth, the Bequest can also be modified by the kin of repute to make corrections for visible tilt and injustice by the Testator.
16. Grand Qur’ān is for entire humanity in time line; for men of ordinary prudence, as well for scholars and intelligentsia. Therefore, all its injunctions regarding conduct and relationships need necessarily be simple and understandable for majority, who understand simple mathematics but not advanced calculators and algebra etc. Therefore, we need not act like Diophantus, Hero of Alexandria, or al-Khwârizmî to understand the injunctions given in the Qur’ān about division and distribution of inheritance since it is mentioned succinctly and explicitly in simple terms. The legal stakeholders for whom Allah the Exalted has apportioned mandatory shares in inheritance are the following:
(a) Off-springs of parents;
(b) Parents of offsprings;
(c) Spouses;
(3) Siblings; brothers and sisters
Other blood relatives like grand progeny and adopted or under patronage collateral child-person are not allocated any share but it is left to the discretion of deceased to bequeath for them in the left over.
II- Inheritance from parents to off-springs: Allah the Exalted relates the discourse of Inheritance to the Progenies of the parents.
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Allah the Exalted commands and binds you the parents concerning distribution of inheritance: moveable and immovable assets amongst the Progenies of you people. [Ref 4:11]
17. This Verbal Sentence is:
الجملة مستأنفة
a type of sentence that initiates a new speech,
or that which is disconnected from sentences preceding it. Such
sentences have no established place of I'rab: [لا مَحَلَّ لها من
الإعراب].
:
It
is Verb: Imperfect; Third Person; Singular; Masculine; [Form-IV] Mood: Indicative; Suffixed Fronted Object Pronoun: Second person;
masculine; plural, in accusative state.
:
Allah the Exalted is the Subject of Verb.
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:
It is an indivisible Unit of the sentence
comprising a Prepositional Phrase coupled with Possessive Phrase. It
relates to the preceding Verbal sentence. The subsequent information and
the Preposition vividly expresses that the permanently binding
instructions relate to distribution of the wealth of the deceased
amongst the
progenies, comprising female and male gender. In consideration of the second Pronoun of the Possessive
Phrase being Definite the First Noun is definite like-
a broken plural feminine
noun denoting the progenies, signifying daughters, or sons, or
the grouped progenies comprising female-girls and male-boys.
Therefore, while reading subsequent clauses, this
fact must not slip attention that focus of speech is the Progenies:
:
It is broken
paucity plural feminine
noun [pattern
أَفْعَالٌ]
but
grammatically it is used both singular and plural. The superb choice of:
reflects to us the beauty
of succinctness in the Qur’ān. Singular and Plural Pronouns,
feminine and masculine
inherent in subsequent Verbs in the text could refer back to it,
affording economy.
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The equivalent of the fortune of the surviving two females shall be the share for the surviving male in progenies of you people. [Ref 4:11]
Thereby, the aforesaid not being the ground reality, if the progenies were women [not a male], besides two off-springs of feminine gender, thereat, Two Third of that which the deceased has left shall remain the apportionment for them all. [Ref 4:11]
18. The Man-dominance notion engulfing the intellect quite often blurs the sight to even watch the words of the text. "Reading" signifies the process of identifying the characters and words, and their relationships to understand the meanings in written text. The object of reading is to reduce the spread text to a "focal-gathered spot" yielding "thought-perception" infolded therein. Arabic is the Mother of Languages and its words are mostly picturesque depicting that which needs to be defined in other languages. The word for reading a written text in Arabic are made from Root: ق ر ء which signifies gathering a thing at one point, thus changing the spread position of a thing into a collective unit. It is for this reason that we need first to understand Arabic to enable ourselves to "read" its text.
19. The above sentence is
an Inverted Nominal Sentence.
It is always the Subject-topic
that a speaker or text gives ascription-predication about it. The last three words:
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constitute indivisible grammatical unit, comprising two successive Possessive Phrases.
:
It
is a definite
nominative noun; meaning "The semblance, like, equivalence"; definite because last
Possessive Noun is definite signifying the presence of two females in
the off-springs. It is delayed Subject-مبتدأ
مؤخر. The Prepositional Phrase:
relates to elided Predicate vividly understandable
from the Subject, preposition and the nature of discourse. The object noun
of prefixed preposition is
singular definite signifying the presence of one male off-spring along with two females
in the progenies. The definite article prefixed to both the nouns
indicates the presence of two daughters and one son as off-springs of
the deceased. The ratio-formula in such
ground reality - cases of grouped progenies is
given by gender, female vs male, that out of the fortune-share in the
wealth allocated for progenies will be distributed amongst them in the
ration of two to one. The share
that will accrue to two females out of the wealth of the deceased parent
is not mentioned in this sentence.
20. It is thus
evident that the daughters and not the son is the focus around which
the discourse of inheritance revolves. By laying down general ratio principle,
that the like-equivalent of share of the two females shall be apportioned for
the Male, entire:
"the
grouped Progenies" are covered irrespective of their number and
composition. But this sentence does not indicate the part of wealth
which will accrue to progenies. It is mentioned in the following
sentence conjunct with preceding sentence by particle "fa" which
signifies sequence, cause and effect:
21 The condition
sentence:
was erroneously translated
by George Sale and John Rodwell respectively as under:
"But
if they be females only, and above two in number,"; "and
if they be females more than two,".
Though majority of
translators have repeated likewise, few translators including Yusuf Ali
have translated it as "if
only daughters, two or
more,"
22. Firstly, the Progenies of those parents are mentioned who are granted off-springs by grouping two females and a male and then those whom only females were granted. The case of those who are granted progeny of only males or a solitary son is not mentioned here [refer 42:49-50 above]. The progenies being two females, or in addition number of women the inalienably apportioned share shall remain restricted to "Two Thirds of that which he the deceased Father, or Mother has left behind".
The point that the conditional
clause includes either two females of any age, irrespective of marital status
whether virgins or married, and all women over and above two females is
evident from the deficient perfect verb in jussive state:
with
suffixed plural feminine pronoun referring back to feminine plural noun:
"progenies of you people".
The predicate of deficient verb is
:
a plural indefinite feminine noun
denoting
three or more
women.
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:
This is a Possessive Phrase relating to adjectival description of
preceding plural feminine noun "women" - the predicate of deficient
verb. It is thus clear that the share apportioned for two females
is two third which will remain restricted to two thirds irrespective of
the fact whether there were many more. A similar situation in respect of
siblings is mentioned in Ayah 4:176 where the structuring of sentences
is converse to that which are here in 4:11. A comparison will help perceive the
meanings quite vividly:
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...
However, if there were two surviving sisters, thereat, two third of that which he the deceased has left shall be allocated to them two.
Take note that in case there were siblings, men and women, in such situation the two third allocation shall be subdivided on the principle of resembling the share of the two feminine is to be apportioned for the male. [Refer 4:176]
The gender in both cases is feminine. The difference only is of relationship, daughters and sisters The subsequent clause portraying a different ground situation leaves no room to deny that the share of inheritance shall be two-third in case of there being only two females in the progeny of deceased:
And in case the progeny were a solitary female: thereby, the Half of that which the deceased parent has left behind is apportioned for her. [Ref 4:11]
23.
The First Part is the Conditional Sentence with Conditional Particle:
.
:
It is
Perfect feminine singular Verb in Jussive state as condition Verb. Its
Noun is hidden.
:
It
is the Predicate.
:
It is Inverted Nominal Sentences as Apodosis. Prepositional Phrase relates
to elided Predicate.
: It
is the Subject of nominal sentence.
24. The injunction in earlier part of the Ayah covers the share allocated for the progenies of those who were granted either daughters, or in combination sons also. Their share shall not exceed two-third of the inheritance left by the deceased. Since the sharing in case of progenies is to start with a feminine, therefore, if the deceased has left a daughter and a son, this means three feminine shares because the share resembling share of two feminine is to be allocated for a male. This takes care of all the progeny regardless how many are they. Two third of the Inheritance is reservedly allocated for them in all circumstances.
25. It must be noted
that in case of Progeny comprising a singular daughter, or two
daughters, or progenies exceeding two feminine sharers, Allah the
Exalted has not apportioned the share for other surviving kin in the
remaining
one third
or half wealth.
Allah the Exalted has not annulled or
superseded:
the Bequest of the deceased in entirety.
It will prevail in respect of remaining part, if not modified by the
Survivor Kin of repute for reason of tilt or injustice by the Testator,
to distribute amongst relatively the nearer relatives.
The superb choice of word:
suggests avoiding fuss of decimal calculations.
26. We have hitherto read about the Mandatory Apportionment of Shares assigned by Allah the Exalted to the progenies of a Father or Mother who died leaving behind his or her Bequest, notwithstanding what statement of distribution of wealth it contained. It stands superseded in timeline to the extent Allah the Exalted has apportioned the wealth.
27. There can be a situation altogether different from the above. The Married Son of a surviving Mother and Father dies. His Father and Mother may or may not still be mutually husband and wife at the time of death of their son. They might have separated during the life of their died Son. The Married Son of the Surviving Mother and Father may or may not have bereaved his own son:
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Take note; the One-sixth of that which he the deceased in your progeny has left behind is apportioned separately for each of his Father and Mother.
This direction is to take effect in the situation if solitary son is surviving for him the deceased.
28. Please note the turn in the discourse. Here the deceased person is a married Son of a living Mother and Father.
29. The first sentence is an Inverted Nominal Sentence.
The definite Noun in nominative
state:
meaning "the One Sixth" is the Subject. This One Sixth is
out of:
-a
Prepositional Phrase where the object of Preposition is Relative Pronoun
defined by the Relative Clause, a verbal sentence:
.
It is Perfect Verb, third person; singular; Masculine, subject pronoun
hidden with elided
Object linking to the Relative Pronoun. It means that One Sixth is
drawn from the movable and immovable assets owned by the deceased Man which
he has left behind.
30. The next sentence is conditional.
:
This is an indefinite masculine nominative noun.
It signifies
a son;
translating it as "child" is erroneous
it refers to human off-spring:
a son or daughter
of human parents.
This is the Subject Noun of
Deficient Verb:
matching
in gender and number. And:
is a Prepositional Phrase with suffixed pronoun referring to the
deceased Man. This relates to the elided predicate of Deficient Verb:
.
This four worded sentence is Conditional Clause
and its Apodosis Clause is elided since the resultant effect of this
situation has already been mentioned in the preceding Nominal Sentence.
This signifies that
Allah the Exalted has inalienably apportioned One Sixth of inheritance
each for
the living Mother and Father left
by their deceased son if the deceased had a
solitary son.
V. Mandatory division of Inheritance of Married Son who himself had not a surviving son.
31. We have previously learnt about the inalienable apportionment of Inheritance partially superseding the allocations that might have been made in the Will of a deceased who survived singular son. The other situation is that a married son died who did not have a son but his parents have survived him. For such situation it is prescribed as under:
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Take note: if there were not a son surviving for him and his Father and Mother have survived him, thereby, the One Third is apportioned for his Mother. [Ref 4:11]
32. Share of the Father of the deceased is not apportioned by Allah the Exalted though his Mother and Father have both survived him while he did not have a son. It may be remembered that the Father and Mother of the deceased Man could be in a separated state-Matrimonial Bond broken, or even his Mother had become in his life the wife of another Man other than his Father. The right of some such Mothers could be in jeopardy if it were left to the Will of deceased son.
33. An amendment is introduced, regarding the 1/3rd Mandatory Prioritized-Set aside Share of the Mother, if the siblings of the deceased also exist. In this circumstantial change, the share apportioned for the Mother diminishes to 1/6th of the Inheritance.
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However, if siblings-brothers and sisters of the deceased also existed, thereby, the One Sixth is the share apportioned for his Mother. [Ref 4:11]
34. Allah the Exalted after apportioning inalienable shares; relating to different scenarios, one where the deceased is the Mother or Father leaving female progenies, or grouped progenies comprising females and males; the second where the deceased is a Married Son of surviving Mother and Father who had also a surviving son; and the third case where a married son who did not have a son died leaving behind surviving father and mother, promulgated as under:
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This mandatory
apportionment must be executed in times after bequest with which the
person expecting death is
presently bequeathing
[for Mother
and Father, Nearer Relatives-all who are
]
OR after meeting the debt-obligation of promissory business transaction,
outstanding liability.[refer 4:11]
35.
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:It is grammatically indivisible one unit,
comprising a Prepositional Phrase coupled with Possessive Phrase.
Semantically, the
preposition functions to illustrate a logical, temporal, or spatial
relationship between the object of the prepositional phrase and the
other components of the sentence.
Since:
:
is a Time Adverb signifying a point in time somewhere in
timeline after:
,
the prepositional phrase illustrates temporal relationship functioning
adverbially. Time adverb is first noun of construct with:
.
It is a Verbal Noun denoting act and state inherent in verbs
and its Root. It signifies cautious decision of a person
expecting death giving a statement of what he or she wants to happen to
his or her wealth, moveable and immovable property after he or she dies,
or leaves a legal document containing this statement. Which will is
this?
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:
"He is presently bequeathing with it". This verbal sentence is
the adjectival description of:
bequeath. The Verb is
imperfect;
third person; masculine; singular; in Nominative Mood. It is transitive
Form IV Verb,
مصدر-إِيْصَاءٌ
Verbal noun. The third person singular feminine pronoun
in the Prepositional Phrase refers back to:
.
36.
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:
By the appositive-coordinating conjunction particle it conjuncts to the
earlier Prepositional Phrase and thus denotes:
"OR after meeting the debt-obligation of promissory business transaction,
outstanding liability". These phrases restrict the operation of all
injunctions given earlier to take effect afterwards and thus modifies,
supersedes the bequeath and allows distribution as ordered after
discharging the debt obligations of the deceased.
37. I have captioned this study "Daughter not Son is the central theme of Inheritance". Allah the Exalted draws our attention to the fact:
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The Fathers and the Sons of you people, you know not with certainty who of them are more nearer for you, nearer in context of beneficent [on Day of Judgment].
This Ordinance regards permanently determined apportionment of inheritance is a time bound obligation imposed by Allah the Exalted.
The fact remains that Allah the Exalted is absolutely Knowledgeable, the knower of invisible-hidden realities-considerations. [ref 4:11]
38.
:
It is [المفعول
المطلق]
Cognate Adverb;
[الصفة
المشبهة] Adjective resembling-functioning as passive participle and
adverbially:
Indefinite; feminine; singular; accusative.
Its Root is "ف ر ض".
The basic perception infolded is that of cutting
something solid and hard which entails assessment and marking as to how,
from where and how much be the incision and cutting. Since markings
assign a distinct apportioning from the whole, it gives the
signification of allocating, earmarking, prescribing or specifying the
share. Therefore, it also signifies something made
obligatory-ordained-prescribed at a given point in time. Reference to
point in time is built in the perception of Root.
The
Adjective resembling participle, or termed
as Verbal Adjective is a noun derived from an
intransitive verb
in order to signify the one that establishes an
action with the meaning of permanence.
39. We observed that when there is only a
female in:
progeny
of a deceased Mother or Father, Allah the
Exalted apportioned for her the half of the inheritance superseding whatever was stated in
the Bequest.
Here again, we observe that the concept of inheritance
revolves primarily around daughters-women, who were given no right the world over in
the inheritance before revelation of Grand Qur’ān. When
there is only a Son, Allah the Exalted has not apportioned share for him
[no need, people have extreme love for sons],
but only for the Surviving Mother and Father,
and that too separately since they might no longer be together as
Husband and Wife at the given point in time.
40. Instructions about the share of bereaved Spouse are given subsequently in Ayah 4:12:
And half of the inheritance your Wives have left is apportioned for you: the husbands if solitary son is not surviving for them: deceased wives ["for them" was no son includes previous husband's, if any].
In case there were solitary son for the deceased wives, thereby, the one fourth is apportioned as your share out of that which they have left.
This mandatory
apportionment must be executed in times after the bequest that wives expecting death are
presently
bequeathing
[for Mother
and Father, Nearer Relatives like orphaned grand-progeny-all who are
]
OR after meeting the debt-obligation of
promissory business transaction, outstanding liability,
[refer 4:12]
41. In case the deceased is a woman without a surviving son, the share apportioned by Allah the Exalted is only for husband 1/2; or 1/4th if she bereaved a son. Allah the Exalted has not superseded the allocations made by the deceased woman for the remaining half or 3/4th of inheritance. Her allocations in the Will will stand and prevail.
In case there were solitary son for you, thereby, one eighth is apportioned for them: surviving wives out of that which you have left.
This mandatory
apportionment must be executed in times after bequest with which
you-husbands expecting death are
bequeathing
[about Mother
and Father, Near Relatives like orphaned grand-progeny-all who are:
]
OR after meeting the debt-obligation of
promissory business transaction, outstanding liability.
[Refer 4:12]
42. Allah the Exalted has apportioned mandatory share only for the husband of deceased wife who died leaving Son in Progeny or without a son. On the contrary, the Bequest of a Man who died leaving a Son, is also superseded by apportioning share to his Mother and Father along with share for the Wife. His property is divided into twenty four equal parts. Four parts allocated each to Mother and Father and three parts to his surviving Wife. The allocations for son and others is in remaining thirteen parts of wealth.
43. Here before we have noticed that injunctions in Ayah 4:11 and 4:12 are about such deceased who have surviving parents, both mother and father alive, and bereaved spouse. Fortunes vary if the deceased had a son or did not have alive son at the time of death. We have not as yet seen instructions about a man or woman who dies as bachelor, or without a spouse - either already died or separated by divorce, and is bereaved by a single parent, either mother or father. Here we find it:
However, if it were a man who is surviving all by himself-single and has a single parent alive; or likewise there is such a woman; while either a brother or a sister is also alive to bereave him/her, thereby, one sixth out of that which such man or woman has left is apportioned for either of the sibling.
However, in case they are more than one sibling, thereby, they all are the sharer in one third.
This mandatory
apportionment must be executed in times after bequest which is being
bequeathed expecting death
[for Mother
or Father, Son, Near Relatives-all who are
]
when it is
void of inclination-evident injustice by the
testator
[if so this can be modified as permitted in
2:182]
OR meeting the debt/obligation of
promissory business transaction, outstanding liability
This Binding Ordinance of Apportionment of Inheritance is promulgated by Allah the Exalted for adhering it-ever sticking to it.
Be mindful that Allah the Exalted is Eternally All-Knowing, eternally imperturbably Forbearing.. [Refer 4:12]
44. There may be a situation that the death expecting Man or Woman are in a state of all by their selves-no spouse with surviving singular son and Parent, either Father or Mother. In such situation, the Mandatory Share set aside by Allah the Exalted is 1/6th each for a brother or sister of the deceased Man or Woman. However, if they are more in number, the collective share shall be only 1/3rd for brothers and sisters, superseding that which the deceased might have allocated in the statement of distribution in his/her Will. The allocations in the Will for the remaining part of inheritance shall stand.
45.
: Verbal
Noun:
accusative. It is intriguing that people have been debating about this
verbal noun as to its meanings and peculiarities of the person who is in
such state-circumstance. This man or woman cannot be he/she who are
already mentioned. He is not a person whose parents, both mother and
father are alive along with his/her spouse. It refers to that state of a
person when the spouse is already dead or divorced and has single
parent, either mother or father, surviving at the time of his death. In
addition to this peculiar situation, such man may or may not have a
surviving son at the time of his death. Here in this Ayah it is evident
that this spouseless man or woman does have a surviving son to inherit
from the inheritance.
46. The aforesaid instructions and Mandatory Allocation of parts of inheritance amongst various beneficiaries by Allah the Exalted cover all the situations that might be the ground realities at the time of death of a Man or a Woman. However, one situation is left whereby one will have to resort to other deductive method to infer the apportioned share. The people of the days of revelation fully acknowledged and understood the injunctions about inheritance. They did not have an iota of confusion. This fact is evident because about the only situation which was not covered in the aforementioned injunctions in Ayah 4:11 and 4:12 people requested the Elevated Messenger of Allah the Exalted to give them the confirmation-strengthened verdict at his own about that situation. That situation is regards a person who is bachelor or single without spouse, has a singular alive parent, either Mother or Father, and without a son.
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They seek that you the Messenger [Sal'lallaa'hoalaih'wa'salam] give them the confirmation-strengthened verdict at your own. You tell them; "[Not me] Allah the Exalted gives you the verdict in the situation regards a person being bachelor-without spouse, survived by a singular Parent, either Mother or Father.
In case he is such a person who died in condition that a son was not in his progeny;
But a sister survives for him, thereat, half of that which he has left is apportioned for her.
And he becomes an
Heir if he survives her [his sister
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]
if a son was not her progeny.
However, if there were two surviving sisters, thereat, two third of that which he the deceased has left is apportioned for them.
Take note that in case there were siblings, men and women, in such situation the two third allocation shall be subdivided on the principle of resembling the share of the two feminine is to be apportioned for the male. [Refer 4:176]
47. Allah the Exalted has superseded the Will to the extent of maximum two third of Inheritance by inalienably apportioning it in favour of brothers and sisters of the deceased. The allocations in the Will for remaining 1/3rd shall stand and prevail, whatever it might be.
48. Grand Qur’ān has no parallel and is par excellence in succinctness. The probable situations obtaining in the case of death of a wealthy Man or Woman are quite many. It is almost an impossible proposition for human beings to determine with absolute justice the rightful shares in all the possible situations. It will need volumes of laws and regulations spreading over hundreds of pages, yet leaving areas for injustice.
49. Allah the Exalted
has specifically covered those situations which are pregnant for abuse of
man-dominance and injustice. In such situations, Allah
the Exalted has exercised the Authority and Will to Cut and Demarcate
certain Parts of the Inheritance, and Permanently allocate it to specific
relatives in preference to others. This is signified by:
"This
ordinance regards permanent apportionment of inheritance is a time bound
obligation imposed by Allah the Exalted".
This is
also described by these words:
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"This Binding
Ordinance of Inheritance is promulgated by Allah the Exalted for
adhering it-ever sticking to it".
50. Laws and regulations to implement justice in all respects in the case of inheritance and other economic problems is quite a difficult proposition for majority of human beings. Therefore, Allah the Exalted encourages to create a situation wherein justice can be established in such matters by heightening the moral consciousness of man and showing of mercy and kindness to those undergoing tribulations. There can be hundreds of situations with conflicting considerations for allocating wealth of the deceased. Encompassing all those, a voluminous regulation book is needed. Allah the Exalted has given the solution for absolute justice. He the Exalted has first made it incumbent upon the wealthy man to dictate his Bequest allocating shares according to his own judgment and decision amongst his Father and Mother and nearer relatives, about whom he better understands regards eligibility and necessity. Thereafter, when the actual time happens for execution of the Will after the death of deceased, Allah the Exalted supersedes that Will partially, maximum to the extent of two third of inheritance. Allah the Exalted apportions the inalienable shares in favour of certain relatives and allows to stay other allocations bequeathed by the deceased.
50. Allah the Exalted has simplified the otherwise delicate and perplexing issue for humans by relating it to the circumstantial characteristic of the person and the Will bequeathed by deceased. All cases and situations that be obtaining on ground are covered in just six sub classifications. We have now the orders regarding the progenies, the mother and father, the spouse and siblings in different situations. Let us recap:
a.
The preferential
for Allah the Exalted are daughters in particular, and progenies in
general. It
is evident from the fact that Allah the Exalted captioned this law of
Inheritance as relating:![]()
"about the Progenies of you people"
b. The
preferential for the death expecting Person for bequeathing is his/her Father and Mother, and
relatively Near
Relatives like grand orphaned Progeny, etc.
:
It
is a nominative definite
Verbal
Noun, signifying an act and state, meaning "the Bequest" which is to
be bequeathed:
"for the Father and Mother", and:
"the
relatively nearer relations". It thus covers all survivors who
could be beneficiaries in sequence of the nearest, the nearer in
relation to others.
c. The equation is with regard to shares-fortunes, not for female and male. Like of the share-fortune of two feminine is apportioned for a male. When the progenies are two daughters and above, the mandatory and prioritized allocation for them is two third of the inheritance. This takes care of the progenies when they are the combination of females and males, equaling at least the share of three feminine. A daughter and a son shall get two third divided by three equal shares. One share going to daughter and two shares going to son. The remaining one third is not superseded and the allocation in the Will shall prevail.
d. In case of solitary daughter survivor the inalienably apportioned share is half of the inheritance. The remaining half is not superseded and the allocation in the Will shall prevail.
e. With regard to progeny, we are left with only a situation where a Married Man is leaving behind the solitary Son. In this situation, Allah the Exalted has not made the Son as preferential and has not apportioned the share for a solitary living son of the deceased. Instead, Mother and Father, and spouse of the this Man are declared preferential and their share is inalienably apportioned, leaving undisturbed other allocations bequeathed in the Will for the living Son and other nearer relatives. The share of a solitary son might vary depending upon the Will of the Deceased, while the share of a solitary daughter is permanently and unalterably apportioned by decree as 1/2 of Inheritance.
f. In case of a solitary son, the Father and the Mother each get straight away 1/6th out of that inheritance which the deceased married Man has left behind. The inalienably apportioned share of Wife is 1/8th out of the inheritance. In such cases, the Inheritance is divided into twenty-four parts; eleven out of twenty-four parts straight going to Father, Mother and the Widow. Allah the Exalted has not allocated specifically the remaining thirteen parts of wealth which will accrue to son.
g. However, in case of death of a married Woman, Allah the Exalted has superseded her Will only by inalienably apportioning 1/2 or 1/4 of Inheritance in favour of her surviving husband with reference to absence or presence of her surviving son. Other allocations in the Statement of Distribution bequeathed in her Will stand and prevail. This is reflective of extreme care in the sublime system of justice executed by Allah the Exalted. There could be a wife unhappy with her husband who might do injustice to her husband striking him out of the list in the Will.
h. In case the
death expecting Man or Woman is in state of:
bachelor-spouseless and is survived by a singular Son and Parent, either Father or Mother; the brothers
and sisters of the deceased are prioritized by inalienably apportioning share equaling
1/3rd of Inheritance.
The remaining
allocations for 2/3 of inheritance for son and parent is not superseded and the Will stand and prevail.
j. In case the
death expecting Man in state of
bachelor-spouseless and a single parent surviving but is bereaved not by a
son, the one half of inheritance is allocated to a single surviving
sister; similarly if she died in such state her surviving brother will
get half of her wealth. And if his two sisters are surviving their share will be two third
of inheritance. If siblings comprise brothers and sisters the two third
will be shared by them all according to the principle of semblance of
two feminine shares allocated to a male.
51. The Parts of the Inheritance apportioned by Allah the Exalted are un-alterable under all circumstances. The allocations made in the Will shall sustain binding legality for the remaining part of inheritance. However, a correction-modification can be made if unjustified inclination or evident injustice was made by the Testator.
52. Allah the Exalted has succinctly explained making all relevant situations and considerations clearly demarcated and distinguished. The purpose and objective of elaborately explaining the Inheritance issues is described at the end of instructions on the subject of inheritance:
Allah the Exalted is succinctly and explicitly explaining for you so that you people might not be distractively wandering. [Refer 4:176]
53. We must ponder for a while about this information while reading voluminous conflicting literature on the subject of Inheritance, written and spread both by believers and non believers.
54. The discussions and voluminous
dissertations written on the subject of Inheritance seldom take into
consideration the following injunctions regarding those Wives whose
husbands died while they were still in the state of Restraint for a
defined period, because their husbands had pronounced:
-Alienation-Suspension
of Matrimonial Bond. Some of them might be pregnant in which case the
Restraint period will expire on delivery of pregnancy. The Inheritance
has a liability for them also to be dispensed by the Heir.
Those Husbands should take note who are being separated-detached-parted from the company of you people while they are leaving behind Wives [for taking part in the war-to kill or be killed for the cause of Allah the Exalted].
Those husbands should bequeath a bequest in favour of their respective wives [in case of their slaughter/or missing in war] that they should be given sustenance adequate for one year without removing them out of the house.
Thereby, on completion of time frame [husband’s slaughter in war or missing in war] of maximum one year if they themselves left the house, thereat nothing contracting-objectionable is upon you people for that act-decision they have taken for their selves in accordance with the known norms of society.
Be mindful, Allah the Exalted is Pervasively dominant and the Infinitely Just Supreme Administrator of the created realm, visible and invisible. [2:240]
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Take note that some wealth, in accordance with the known norms of society, should also be apportioned for the Wives who are in the prescribed restraint period of alienation-suspended Matrimonial Bond before complete separation [in case the husband dies during this period].
This is mandatory-incumbent upon people who are cautious, heedful and mindful in reverence and fear of Allah the Exalted.[2:241]
This is how Allah the Exalted succinctly explains His Aa'ya'at-Verbal Unitary Passages of Qur’ān rendering each point-concept-situation distinctly isolated and crystal clear for you people [for comprehension as was promised to the Messenger Muhammad Sal'lallaa'hoalaih'wa'salam]
The object of succinct and distinguishingly explaining is that you people might conveniently save in memory and objectively analyze for critical thinking. [2:242]
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Take note about those Wives of you people who have lost expectation of menstruation, should you felt double minded unsure about their state, thereby, the intervening period of their restraint is three months instead of three menstrual cycles [prescribed in 2:228] in between pronouncement of suspension of Matrimonial Bond and Culmination-Separation-Untying the Matrimonial Bond/Nikah.
And so is the duration of three months for those Wives who have not yet menstruated immediately before pronouncement of suspension of Matrimonial Bond [otherwise it can much shorten the period of three menstrual cycles-one happening immediately after pronouncement of suspension of Matrimonial Bond-this also takes care of those Wives with removed uterus]
Take further note that the duration, for those alienated wives by pronouncement of suspension of Matrimonial Bond by the husband who are pregnant, shall be till such time that they might deliver their Pregnancy.
Remember that should someone exercise caution, heedfulness and remain mindful avoiding unrestrained conduct in reverence and fear of Allah the Exalted, He the Exalted will make for him an element of ease in his affair. [65:04]
Take note that the Mothers shall breast-feed their off-springs for two years, complete two years [24 months].
This direction is in favour of that husband who decided that he might complete the breast-feed by his wife whom he had alienated from Matrimonial Bond *.
Their sustenance, feed and clothing, in accordance with the known norms of society, is incumbent responsibility upon the respective Father.
A person-husband shall however not be burdened except that which he can afford.
A mother should not be subjected to suffer for [love, motherly affection] her born progeny. Nor the one who has become father be pressed because of his born progeny.
The like of the Obligation imposed upon the respective Husband in respect of his alienated Wife becoming mother is incumbent upon the Heir in case of Husband's death before birth of progeny. [2:233]
56. Let us determine ourselves and pray to Allah the Exalted that we might not be listed amongst these people:
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And you people eat away the inheritance; in the manner of devouring-absorbing others share. [89:19]
And you people develop lust for the wealth, love intensified. [89:20]