Division of Inheritance and Islamic Family System

By Grace Mubashir, New Age Islam 22 July 2023 The Holy Qur'an (Al-Hadid 25) has declared that at various stages of history, messengers were appointed with clear messages, and the Books and the Qur'an were revealed to them so that the people would lead a righteous life. The above-mentioned declaration belies the fact that the Sharia or the code of law presented to mankind in the light of the Qur'an, as mentioned by Imam Ibn al-Qayyim, 'is all justice'. Islam presents justice as the highest value necessary for the survival of a social system. At the same time, Islam observes that equality is not a value in itself, and that equality can be valued only when it is just. Therefore, when equality in a matter represents justice, Islam accepts it and rejects it when it is unjust. There is no doubt that giving the same medicine in the same dosage to all the patients and giving the same marks in all the subjects to all the students who appeared in the examination is equality but not justice. Equality between the same class (patients, students) can have dire consequences. It is from this level that the Islamic view of equality between men and women is formed. Islam observes that to show equality in all matters between those who have completely different natures, feelings and physical constitutions may lead to dangerous consequences. At the same time, Islam has maintained equality between them where the differences mentioned above do not affect them. The equality mentioned above can be found in the Sharia rules regarding earning, spending, good deeds, acts of worship and their rewards (Al Ahsab 35). However, Islam has made distinctions on the levels influenced by natural differences and given responsibilities and rights to men and women. In short, it is on this basis that we must analyse the Sharia laws being discussed in our society, including the law of inheritance. The economic policy of Islam is closely related to its family and social system. The essence of the Islamic social system is the warm relationship between the leadership and the citizens. Sharia has determined and given specific responsibilities and rights to both groups. The family structure in Islam is the cornerstone of the said social system. Under the leadership of the head of the family, the family system should exist on the basis of warm relationship with the family members, fulfilling each other's responsibilities and assigning rights. In this structure, the financial responsibility rests entirely with the man. It is the responsibility of said leadership to protect, sustain and defend the family in all material senses. The head of the family has the task of leading the upbringing of the family and imparting Islamic values to the children (Annisaa 34). It can be seen that Allah has invested both of them with the physical, mental and emotional skills and characteristics to perform the above tasks. Part of it is to set aside material rights to fulfil the said responsibility. It is for this reason that the spendthrift man has, at least in some cases, a greater share of the inheritance. This is also the basis for accepting only the woman's testimony aside from the man in matters such as breastfeeding, family-related pregnancy and childbirth. One of the important principles propounded by Islamic law is 'Algunmu Bil Gurmi' or 'Benefits are additional burdens'. Example: The expenses (Gurm) of an orphaned child are to be borne from the Baitul Mal. If the person dies then the estate (Gunm) belongs to Baitul Mal. All the Qur'anic sayings related to inheritance are included in the chapter of the Holy Qur'an called Anisa'. As the name of the chapter suggests, these are the words of revelation to reclaim women's rights that were denied during Jahiliyyah. From the beginning to the end of the Anisa chapter, we can see the discussion about the rights of women and Yatim (orphans). In the first six verses, Anisa' deals with issues such as protection of orphans' finances, polygamy, the Maher to be paid by the bridegroom to the bride at the time of marriage, and the return of their wealth to the orphans who have matured. After this, the Qur'anic discussion about the division of inheritance begins. The division of inheritance is not limited to just three verses, as the Muslim public misunderstands. The Holy Qur'an presents a precise and clear view of inheritance in seven verses, including the four verses preceding them. At a time when only older men inherited, the Qur'an prefaced the chapter by declaring that women, like men, had an essential share in inheritance, no matter how small or large. The presentation background related to it is in the Qur'an interpretation books. The Qur'an then draws attention to the rules to be followed before determining the share of the heirs. The first thing heirs should do is assess the current family situation. If there are weak relatives, orphans, or destitute in their family structure, their needs should be fulfilled first (Annisa 8). Take for example an orphaned grandchild. The Qur'an says that in the event that all the adjectives mentioned in the Holy Qur'an, such as close relatives, orphans, destitute, etc., are added to that grandchild, the first thing to do is to make them self-sufficient. There are no people who are not worried that their children will have to live in chaos after them. The Qur'an then warns that the solution to this is to fear Allah in the case of the orphans under them (Annisa 9). In four consecutive verses, the Holy Qur'an repeatedly commands about the share of women and orphans, in a tone of exhortation and warning. It is clear that they have a share in the inheritance and that they are the first to be paid. The fact that their share is not measured and cut off does not mean that they do not have a share, but that they need to look at the situation beyond the figures and give them what they need. After mentioning all these, the inheritance should be distributed among the heirs who have been accounted for by the Qur'an. The Qur'an, which determined the rights of everyone, also reminds us that these should be paid only after the debt and bequest have been fulfilled. Waswiyyah (will) is one of the tools introduced by Sharia to prevent any individual from becoming weak and isolated in the family structure. The poverty/distress of the person whose inheritance is not determined can thus be remedied by bequest. If it is one of the heirs who is suffering from the said problem, it can also be overcome by 'Hiba' or voluntary donation without prejudice to justice. However, bequeathing more than one-third or giving large donations to the heirs is contrary to the Sharia and the justice it seeks. Going into the figures on the division of inheritance, as mentioned in the beginning, men have more shares than women in 'some places'. It is only a helping hand to fulfil the obligations entrusted to him by the Sharia. They are under no obligation to use the woman's earnings (salary, dowry, Maher etc.) for family expenses. At the same time, the man is also responsible for fulfilling the financial obligations of the women (wife, daughter, mother, sister) living in his family structure. Moreover, the Sharia has never created a situation where a man gets a greater share than a woman in the division of inheritance. There are also cases where daughters inherit instead of the deceased's husband. The Qur'an says that in the case of a deceased person having only a daughter, father and mother, the father gets one-sixth and the daughter gets half of the property. In short, being male does not lead to a greater share in the inheritance. On the contrary, when entering the youngest generation, the responsibilities and obligations are given to sons twice as much as daughters based on the jurisprudential principle that 'benefits are additional burdens'. Islamic Sharia has gifted the human society with such balanced and flawless rules regarding inheritance. The spirit of the Sharia laws is not the mere commands, prohibitions, or calculations that they prescribe. Rather, it is piety and prudence where they are applied. That is why the observance of the law by setting them aside has no relevance in the Sharia. Sharia has adopted many ways to eradicate the poverty faced by the society. Islam has also devised other means such as compulsory giving (zakat), voluntary giving (Swadaqa), and Waqf. Inheritance division is only a minor mechanism in the said method. Islam dreams of an economic balance that can be achieved by all these working in harmony with each other. ----- A regular columnist for NewAgeIslam.com, Mubashir V.P is a PhD scholar in Islamic Studies at Jamia Millia Islamia and freelance journalist. URL: https://newageislam.com/islamic-society/division-inheritance-islamic-family-system/d/130275 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism