Inheritance according to injunctions in
Grand Qur'aan
Grand Qur'aan, 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'aan.
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) 

:
The
Shares Permanently Cut, Determined and set aside by Allah the Exalted
out of the total Wealth; 

:
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.
Inheritance from parents to off-springs
(a).
The feminine progeny is the favorite in the Inheritance discourse. The
basic sharer unit is the Feminine in case of grouped progenies
comprising females and males.
3.
Inheritance from off-spring to parents and siblings:
4.
Inheritance from spouses
5.
Inheritance from Siblings: it is when died in state
:
Bachelor or spouse less person with single parent surviving and whether
or not one son is bereaved
6.
Advises in respect of non-stake holders in inheritance
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:








-
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:






-
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:








-
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]





-
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]






-
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'aan].
-
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:






9. The bereaved progenies will become the Orphans who might be youngsters at the time of
death of their Father.





-
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:


-
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]
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.






-
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.


-
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'aan 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'aan 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.
I-
Inheritance from parents to off-springs:




-
Allah
the Exalted is enjoining-binding you
the parents concerning distribution of inheritance-moveable and immovable assets
amongst the Progenies of you people.
-
The like
of the fortune accrued to the two females, which is twice the
amount accrued to one female, shall be allocated for the male in the
progenies.
-
Thereby, instead of a
male co-sharer, if other progenies were three or more women
as partners/ co-sharers
over/in addition to
two females referred to above;
thereat, two-thirds of
the wealth which the deceased parent has left shall remain the
apportionment for them all, irrespective of presence of two female sharers
or additional
sharers.
-
And if
the progeny were a solitary female: thereby, one-half of wealth
which the deceased parent has left is apportioned
for her.
[Ref
4:11]
17. The first 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 a complete verbal sentence; Verb-fronted Object-Subject.
Verb is Imperfect; Third Person; Singular; Masculine; [Form-IV]; Mood:
Indicative. Its source is
مصدر-إِيْصَاءٌ
Verbal noun and Root is "و ص
ى". Form-IV verb is
Causative: causing someone or something to perform the
action of Form-I. It thus signifies: Allah the Exalted is enjoining upon you people; is
binding-tying-exhorting you the parents.
This object pronoun in context does not include
people who are bachelor adults, or have died barren.
:
It is a prepositional phrase coupled with possessive phrase. In semantic
terms, 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.
Prepositions can act as an adjective modifying a noun, and here
as an adverb
it links to the preceding verb. Preposition is used adverbially and
means "about, concerning".
: The suffixed pronoun of Possessive Phrase refers to second person, masculine, plural
and refers the society collectively including its individual
members,
both genders, all the parents. In
consideration of the possessive Pronoun [مضاف
إليه] of the
Possessive Phrase being Definite the First Noun [مضاف]
is definite like:
: It is a
broken paucity plural
feminine noun
[pattern أَفْعَالٌ];
but
grammatically it is used both in
feminine singular and plural senses. It denotes plural number of
off-springs, the daughters, or the sons, or
grouped progenies comprising of females: girls-women: daughters
and male-boys-men: sons; all being three or more in number.
However, the broken plural
exclude the dual number like one daughter and one son; two
daughters, or two sons. Since its singular is:
a son is also excluded as its referent.
The superb choice of this broken
paucity plural feminine noun
reflects the beauty of
succinctness in the Qur'aan.
Feminine singular and plural
pronouns of subsequent Verbs in the text
could refer back to it, affording economy.
The hidden subject of a singular
masculine verb or a singular masculine third person pronoun
of a possessive phrase, however, cannot be referent to this plural feminine noun. Another aspect
of its choice is that it has in its ambit the children, the
semi-adults and progenies of strengthen maturity.
18. The
second sentence of Ayah is:

This is an inverted nominal sentence explaining the
first tie enjoined by Allah the Exalted. It is always the
Subject/topic about which ascription-predication is given. In
English, subject comes first and then its predicate. In Arabic,
order can be inverted. Therefore, while translating into
English, care must be taken not to render the subject as
predicate and the predicate as subject; otherwise it will
totally distort the perception of source language text.
مِثْلُ حَظِّ الْأُنثَيَيْنِ:
These three words constitute a grammatical unit; and comprise of
two successive Possessive Phrases. The first two nouns are
definite since the last possessive noun is definite by definite
article.
مِثْلُ
: It is the delayed subject of the sentence. Otherwise
indefinite, it is definite being first noun of consecutive two
possessive phrase whose last noun is definite by definite
article. It is a figure of speech termed as simile or comparison when the resemblance between two
objects is expressed in form. A likening
makes the principal object plainer and impresses it more
forcibly on the mind. The principle object illustrated by it is
quantitative:
حَظِّ الْأُنثَيَيْنِ:
Possessive Phrase, signifies, the fortune accrued to
the alive two female off-springs; the sum of amount accruing to
each of them.
حَظِّ: Its Root is "ح ظ ظ".
Basic perception infolded in the Root is that of luck, fortune,
allowance. Translating it, as is done by the majority of
translators, by English words "share, portion" are not equivalent to Arabic word, rather it causes distortion and ambiguity.
English word "share" as verb means to use something along with
others; to divide something equally between people: to allocate equal parts of something
to different people or groups; and as noun it denotes a part of
something allotted. Similarly, portion means a fraction: part or
section of a larger whole. Thus, these English words in this
sentence will denote as if it is referring to the measure of
size allocated to two females.
Arabic word does not signify sub-set/ordinal number like one-third;
two-thirds etc. The sentence is not
referring to division of the whole unit, the divisible
inheritance, into sub-divisions like one-third, one-forth,
one-sixth, one-eighth, and two-thirds. The sentence is merely
apportioning the sum of actual amount accruing to two females for
the male. The word:
مِثْلُ
in the phrases signifies that the male will have fortune twice the amount
given to the female when the off-springs comprise a female and a
male. Otherwise, if it were to restrict the fortune of the male
to the presence of two females fortune this word would have not
been in the sentence.
لِلذَّكَرِ:
It is a Prepositional Phrase; preposition denotes "for"
indicating that something is directed at somebody, done to
benefit somebody. The object noun is definite by definite
article signifying presence of one male in the progenies. This
phrase
appearing at the place of Subject of the sentence relates to
elided predicate. Learned grammarians lay
the principle that
if the
comment/predicate is a prepositional phrase, we will need to assume a hidden verb to which the phrase will
connect. That hidden verb, along with the phrase, would then become an
entire (embedded) sentence and then the comment for the greater sentence.
Since a verbal noun can also function as verb, a verbal noun can
also be estimated for relating the prepositional phrase.
It is thus apparent that Allah the Exalted
is apportioning the sum of quantity-amount-fortune accruing to
two females for the benefit of the alive male
in the progenies. He gets twice the amount given to the female.
19. 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 the
sub-set of wealth accruing to two females will be
distributed amongst them by giving the sum of fortune of two females
to the male. The sub-set of wealth allocated for two females;
when a son is partner along with them, will be sub-divided into
four equal parts; one for each female and two parts for the
male. Thus off-springs in grouped progenies are
covered irrespective of their composition and number. But
this sentence does not indicate the sub-set/ordinal number of wealth of deceased
parent which will accrue to two females and/or grouped
progenies. It is
mentioned in the following sentence conjunct with preceding
sentence by particle "fa" which signifies sequence, cause and
effect.
20. Allocation of quantitative/numerical share for
progenies in the wealth of deceased parent is given:

-
Thereby, instead of a
male co-sharer, if other progenies were three or more women
as partners/ co-sharers
over/in addition to
two females referred to above;
thereat, two-thirds of
the wealth which the deceased parent has left shall remain the
apportionment for them all, irrespective of presence of two female sharers
or additional
sharers.
"فَ
": This sentence begins with a conjunction
particle "فَ
" which is distinct from conjunction particle
"وَ"; Particle "فَ
" illustrates a sequence, cause and effect
relationship; a linkage with apodosis clause; and can
link a
subsequent clause with the preceding sentence to
indicate a situation-reality-predication partly different to-instead of
the earlier one. Particle "وَ" will not connect such
linkage.
:
It is
Particle of condition which renders the following verb in
Jussive state; means "if, should"
:
It is
deficient Verb: Perfect; third person; plural;
feminine; in Jussive
state by condition particle;
Suffixed Subject Pronoun, in nominative state referring to the
broken plural feminine noun: "the off-springs". This
conditional clause means: "if the progenies were..."
:
Noun:
Indefinite;
plural;
feminine;
accusative, signifying three or more women. It is the predicate of
deficient verb; ""if
the progenies were women [Arabic word women is plural signifying three
or more]"
The particle and
above three words literally mean "Thereby, instead of a
male co-sharer, if other progenies were three or more women---".

:
It is a Possessive Phrase. First noun,
Adverb of place,
is in accusative case and relates to elided
adjectival specification of preceding indefinite plural noun-women. It
is functioning as adverb phrase in the sentence. Adverb:
means, "on top of; over something, on or other side of".
Adverbs of place tell us
where something happens.
They are usually placed
after the main verb or after
the clause that they modify.
Adverbs of place do not
modify adjectives or other
adverbs.
:
It is cardinal number to count two females.
The rule for cardinal number one
and two is that it agrees with the noun counted [الْمَعْدُودُ] and
follow the counted noun and functions as adjective or for emphasis. Since the progenies are partners-co-sharers in
the inheritance and the cardinal number refers to the two females, the
phrase
modifies the preceding verbal sentence that three or more women
are in progenies over/in addition to
two females referred to above.
The conditional sentence is followed by
its apodosis clause. This apodosis clause is an inverted nominal
sentence beginning with conjunction particle "فَ
"
فَلَهُنَّ
: This is a Prepositional Phrase; preposition denotes "for"
indicating that something is directed at somebody, done to
benefit somebody. The object pronoun is third person, plural,
feminine. This phrase relates to the elided predicate of the
subject "the two third of inheritance". The sentence literally
means "Thereat
, the two third of wealth which the deceased parent has left
shall remain the apportionment for them all".
ثُلُثَا مَا تَرَكَ:
The first two words constitute a Possessive Phrase. First noun
is definite dual in nominate case which signifies two-third of
some quantity. Possessive noun is a Relative Pronoun and the
following verbal sentence; verb perfect third person singular
masculine with hidden subject pronoun, is the linkage clause of
Relative pronoun with object elided. This sentence means "the
two third of that which he the deceased has left behind".
21. The above
two sentences; comprising of a conditional clause and apodosis
clause, conjunct to previous sentence, were erroneously translated
by the earliest Christian translators as under:
George Sale:
But if they be females
only, and above two in number,
they shall have two third parts of what the deceased shall
leave;
John Rodwell:
and if they be females more
than two, then they shall have two-thirds of that which their
father hath left:
Though majority of
translators have repeated likewise, few translators including
Yusuf Ali have translated it as "if
only daughters, two or
more, their
share is two-thirds of the inheritance;"
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]. In
case there are additional number of women off-springs instead of
a son, the inalienably apportioned share for them shall remain
restricted to
Two Thirds
of wealth the deceased Father, or Mother has left behind.

:
This adverbial phrase was not needed if the intent was to
allocate the share exclusively for women since it already signifies
three or more women. Since the progenies are partners-co-sharers
in the inheritance, the elided specification for:
is
evidently:
partners, co-sharers in the numerical apportionment for two females. The
numerical share apportioned for
two females is two-thirds which will remain restricted to two-thirds irrespective of the fact
if there were more sharers/partners to it. A
similar situation in respect of siblings is mentioned in Ayah
4:176 where the sequence of sentences is reversed which further
clarifies the sentences of Ayah 4:11. A comparison will help
perceive the meanings quite vividly:


-
The equivalent
of the amount accruing to the surviving two females shall be the
sum allocated for the male surviving with them.
-
Thereby, instead of a
male co-sharer, if other progenies were three or more women
as partners/ co-sharers
over/in addition to
two females referred to above;
thereat, two-thirds of
the wealth which the deceased parent has left shall remain the
apportionment for them all, irrespective of presence of two female sharers
or additional
sharers.
[refer 4:11]


-
However, if there were two
surviving Sisters, thereat, two-thirds of that which he the deceased
has left shall be allocated to them.
-
And if they were siblings, comprising men and women,
thereat, the two-thirds allocation shall be subdivided on the principle
that
equivalent of
the amount accruing to the surviving two females shall be the sum
allocated for the male.
[refer 4:176]
The gender in both
cases is feminine. Same sentence prescribing the ratio-formula between
females and males occurs in both cases. In 4:176 it is mentioned
in sequence; presence of one female, or two females, and
siblings comprising men and women whereby the same sentence
about distributive ratio between female and male finds mention.
In respect of progenies the same information is given in reverse
order. The difference is of relationship, daughters and
sisters
The subsequent clause; portraying a
different ground situation that if instead of two females in the progeny
there was only one daughter, leaves no room to deny that the share of
inheritance shall be two-thirds in case of only two females
in the progeny of the deceased:
23.
This sentence is conjunct to previous sentence through conjunction
particle. It is Condition Sentence with:
Conditional Particle.
:
It is
Perfect feminine singular Verb in Jussive state as condition Verb. Its
Subject Noun is hidden referring
to the broken plural feminine noun: "the off-springs".
:
It is the Predicate of deficient verb meaning solitary female. The apodosis
clause is a nominal sentence:
:
It is Inverted Nominal Sentence. Prepositional Phrase relates
to elided Predicate. Delayed subject of sentence is:
: the half.
24. The injunction in
four sentences in the 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, two daughters and a son; or progenies exceeding two feminine sharers as
partners/co-sharer, 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/court for reason of tilt or injustice by the Testator,
to distribute amongst relatively the nearer relatives.
II. Inheritance from off-springs to parents and siblings:
The Provisions of Inheritance Law in case of a solitary son in
progeny are separately incorporated where son is not the favorite unit;
rather the surviving Mother, Father and Spouse of the deceased are given
priority.
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:



-
Take note;
the One-sixth of the wealth which he the deceased 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.
-
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.
-
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]
28. Please note the
turn in the discourse. Here the deceased person is a married Son of a
living Mother and Father.

29. It is an inverted nominal sentence.
وَ: Conjunction
particle [حرف
عطف].
It is a coordinator that
links to element in the preceding discourse.
:
It is a Prepositional Phrase coupled with
Possessive Phrase. It relates to the
fronted elided predicate, a verb or verbal noun,
which is evidently understood by the preposition. Preposition
denotes "for" indicating that something is directed at somebody,
done to benefit somebody. Its object noun is definite by
construct as the possessive pronoun is definite. The possessive pronoun
refers third person, singular, masculine. A pronoun is used to
refer back to the definite noun already mentioned. It links back
to "the alive male" in the progenies.

:
It is a
Prepositional Phrase coupled with Possessive Phrase. It is
Equivalent Appositive [البَدَلُ]
to the preceding two phrases.
"The Equivalent Appositive is a word which has attributed to it
whatever is attributed to its principle while the subordinate is intended for
the attribution not its principle".
It resembles to English language "restrictive appositive"
when the second element limits or clarifies the foregoing
one in some crucial way. These phrases mean "for each one".
: It is a Prepositional Phrase
relating to elided specification for the preceding indefinite
active participle. This clause takes care of
a situation where the
father and mother of the deceased Man might 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.
:
It is definite ordinal number. This is the delayed subject of the nominal sentence
meaning the one-sixth
It is a Prepositional
Phrase comprising of preposition
and it object Relative pronoun
with "ن" having been assimilated. It
relates to the preceding subject of the sentence; "one-sixth of that
which":
:
Verb: Perfect;
third person; singular; masculine;
Subject pronoun hidden which refers to the male
deceased; مصدر-تَرْكٌ
Verbal Noun. It is linkage clause for the preceding Relative Pronoun and
its object is elided. These three words mean: "one-sixth of that wealth
which he the deceased has left".
30. The next
sentence is a conditional
clause; its apodosis clause is elided
since the resultant effect of this situation has already been mentioned
in the preceding Nominal Sentence.
Conditional Particle.
Deficient Verb: Perfect;
third person; singular; masculine;
: Prepositional
Phrase: لَ
Inseparable Preposition
+ Personal Pronoun:
Third person; masculine; singular, in genitive state; meaning "for him
the deceased". It relates to elided predicate of the
deficient verb. The singular masculine pronoun
refers to the deceased Man.
:
It is [اسم كان]
the subject noun of deficient perfect verb
matching
in gender and number. Noun: Indefinite; singular; masculine;
nominative.
It signifies
a son;
translating it as "child" is erroneous
it refers to human off-spring:
a son or daughter
of human parents.
31.
Inalienable apportionment of Inheritance
for surviving mother and father is given if a person died after leaving
a surviving son as progeny. The
other situation is that a married son died who did not have a son but
his parents have inherited him.

For
such situation
share of the Father of the deceased is not
apportioned by Allah the Exalted but one-third is assigned to his
mother.
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.
32.
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:

-
However, if brothers and sisters of the deceased also existed,
thereby, the One-Sixth shall be the share apportioned for his Mother.
33. Allah the Exalted after
apportioning inalienable shares; relating to different scenarios,
one where the deceased Parent leaving female progenies,
or grouped progenies comprising females and males;
the second where the deceased is a
married son of surviving Parents [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:

-
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]
34.


:
It is a dependent clause.
Grammatically, it is an indivisible unit comprising of Prepositional Phrase
and 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. The prepositional phrase modifies a
verb as well a noun. The prepositional phrase links back to the first
verbal sentence of Ayah:

Allah the Exalted is enjoining upon you people; is
binding-tying-exhorting you the parents. According to grammarian, it can also be taken as
[أو بمحذوف حال من السدس]
relating to elided circumstantial clause for the preceding noun:
the one-sixth. Yet another grammatical estimation
about this prepositional phrase could be that it relates to elided
predicate of subject which is also elided.
Whatever grammatical
function is assigned, even if all are considered simultaneously, it will
make no difference in meanings
because:
:
is a Time Adverb signifying a point in time somewhere in
timeline after:
,
bequest.. The prepositional phrase illustrates temporal relationship functioning
adverbially. Time adverb is first noun of construct with:
bequest.
It is a Verbal Noun denoting act and state inherent in verb
and its Root. It signifies cautious decision of a
person expecting death giving oral statement about 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 bequeath is
this?

:
"He is presently bequeathing about it". This verbal sentence is
the adjectival description of:
a
bequest.
The Verb is
imperfect;
third person; masculine; singular; in Indicative Mood. It is transitive
Form IV Verb,
مصدر-إِيْصَاءٌ
Verbal noun. The subject of verb is hidden and refers to
the Man referred earlier. The third person singular feminine pronoun
in the Prepositional Phrase refers back to:
bequest..
35.

:
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.
36. The most conspicuous
fact in the discourse on inheritance we have so far read is that except
giving a ratio formula when females and male are partners-co sharer in
the wealth, Allah the Exalted has not allocated inalienable share for a
son. General psyche of majority is that they have longing for sons.
Allah the Exalted draws attention of the people towards the fact:

This is a simple sentence though it comprises of three
sentences. Predicate of nominal sentence is a verbal sentence. And
another complete nominal sentence is there functioning as object of the
verb.

:
This verbal sentence is the Predicate of nominal sentence.


:
This simple sentence is functioning as the Object of preceding verb.
:
This verbal noun is [تمييز] disambiguating
the preceding comparative noun, the predicate of sentence.
37. After this parenthetic clause,
it is declared about the aforementioned apportionment of shares:


-
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
and the Infinitely Just Supreme Administrator of the
created realms.
:
It is
[الصفة
المشبهة] Adjective resembling-functioning as passive participle and
adverbially:
Indefinite; feminine; singular; accusative.
It is functioning as [المفعول
المطلق]
Cognate Adverb. It explains the manner
in which the action takes place and to place
emphasis on the action. The emphasis expressed through cognate adverbs
is usually one of the most intense forms.
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.

:
Prepositional phrase [متعلقان بمحذوف صفة
فريضة] relates to elided adjective of the
preceding cognate adverb.
The fact that the apportionment of inheritance ordained
is based upon absolute justice is emphasized by mentioning the
information about Allah the Exalted.
38. We observed that when there is only a
female in:
progeny
of a deceased Parent, Allah the
Exalted has 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'aan. When
only a Son of deceased parent is surviving, Allah the Exalted has not apportioned share for him
[no need, people have extreme love for sons],
instead apportioned share 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.
III. Inheritance
from spouses
39. 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]
40. In case the
deceased is a wife 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.



-
The one
fourth is apportioned for them: wives
out of wealth which you
have left
in the situation when a
solitary son
is not surviving
for
you.
-
In case
there were
solitary son
for you, thereby, the one eighth is apportioned
for them-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]
41. 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.
IV. Inheritance from Siblings: it is when died in state
:
Bachelor or spouse less person with single parent surviving and whether
or not one son is bereaved
42. Here before we have noticed that
injunctions in Ayah 4:11 and earlier part of 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 leaving a son but without a surviving spouse - either already died or
separated by divorce, and is bereaved by a single parent, either mother
or father. It is mentioned later with conjunction particle in Ayah 4:12:




o
-
However, if a deceased man is inherited as single-spouseless with a single parent alive; or likewise there
were 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]
43.
There may be a
situation that
the death
expecting Man or
Woman are in a state of single parent- no spouse with surviving singular son
and a 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.
44.
: 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 who is bereaved by a single
daughter, two daughters or grouped progenies; he is not a person whose parents, both mother and
father are alive; and he is not a person whose spouse is bereaved. 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.
45. 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 not covered 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 people requested the Elevated Messenger of Allah the
Exalted to
give them the confirmation-strengthened verdict
at his own about the only situation which was not covered in the
aforementioned injunctions in Ayah 4:11 and 4:12.
That situation is regards a person who is bachelor or single without
spouse, has a singular alive parent, either Mother or Father, but did
not have a son.






-
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 her
Heir if survives her [his sister

]
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 many siblings, comprising 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]
46. 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.
47.
Grand Qur'aan 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, yet leaving areas for injustice.
48. 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: 

"This Binding
Ordinance of Inheritance is promulgated by Allah the Exalted for
adhering it-ever sticking to it".
49.
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 Parents", 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. If two
daughters survive their share is two third. If grouped progenies the
share will remain two third of inheritance.
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 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:

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.
V.
Advises
in respect of non-stake holders in inheritance
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]






-
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'aan 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]




-
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]
55. Let us determine ourselves and pray
to Allah the Exalted that we might not be listed amongst these people:


-
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]

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