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- May 26, 2024
Pre-Islamic Age of Ignorance: The people of the Jahiliyyah era inherited from one another for two reasons: a) Lineage b) Agreement, contract… As for inheriting from one another through lineage, they did not bequeath inheritance to young children or women. They only made male relatives who fought on horseback and obtained spoils heirs. As for inheriting from each other through contract, this took place in two ways:
1- Agreement: In the pre-Islamic era, a person would say to another, “My blood is your blood; my life is your life. You will inherit from me, and I will inherit from you… You will protect me, and I will protect you.” When they made such an agreement, if one of them died before the other, whatever had been stipulated beforehand from the deceased’s property would be fulfilled for the survivor.
2- Adoption… Any Arab could adopt another man’s son. Thus, this child would be attributed to that man, not his father, and would inherit from him. This adoption was also one of the types of agreements. When Allah sent Prophet Muhammad (peace be upon him) as a prophet, he initially left the Arabs to their customs of the Jahiliyyah period and did not interfere with them. Some scholars say: On the contrary, God Almighty left them to their customs and said, “We have made each of them heirs to the inheritance of their father and mother and their close relatives” ([500]), meaning that they should inherit from each other through lineage. Then Allah said, “Give those whom your oaths bind their shares” ([501]), meaning that they should inherit from each other by agreement. Those who hold the first view say that what Allah means by the phrase “give their shares to those whom your oaths bind” is not a share of property, but rather “give them their share of help, advice, and good treatment.” This is the explanation for why Arabs inherited from each other during the Jahiliyyah period.
Girls, however, could not inherit. They said, “Those who do not fight with spears, do not defend their homeland, and do not collect spoils cannot inherit.” [503]
ISLAM: Islam brought order to this flawed and distorted logic, informing us of the will and its forms, the requirement of witnesses, the rightful heirs, the distribution, and the basic elements as follows:
Making a will: If one of you is dying and leaves behind property (goods), it is incumbent upon those who fear Allah to make a will in favor of their mother, father, and close relatives in accordance with tradition.
Having witnesses when making a will: O believers, when one of you is about to die and makes a will, let two trustworthy persons from among you be witnesses.
The will of the dying person regarding his wife: Those of you who die and leave behind wives should bequeath to them (leave them or assign to their heirs) a provision sufficient for one year, so that they do not need to leave the house. If the women leave the house of their own accord, you bear no responsibility for any lawful action they take concerning themselves. Undoubtedly, Allah is All-Powerful and All-Wise. ([506])
Bequests during travel: …If you encounter death during a journey, take two non-Muslims as witnesses. [507]
Changing the will: Whoever changes this will after hearing it, the sin is upon the one who changes it. Undoubtedly, Allah is All-Hearing, All-Knowing. Whoever, fearing that the testator may have erred or sinned, mediates between the parties involved, does not sin thereby. Undoubtedly, Allah is Forgiving and Merciful. ([508])
The rights of men and women in inheritance: Women have a share in the inheritance left by their parents and close relatives, just as men do. Whether the inheritance is small or large, there are specified shares for men and women therein. [509]
Forced inheritance: O believers, it is not lawful for you to force the widows of your relatives into marriage. Do not pressure them to return part of the dowry you gave them unless they have committed a proven act of indecency. Treat them kindly. If you dislike them, know that Allah may have made what you dislike very good for you.
The distribution of rights arising from agreements: We have assigned shares of the inheritance of parents, relatives, and those with whom you have made sworn agreements to women and men. Give their shares to those entitled to them. Indeed, Allah is Witness over all things.
The manner of dividing inheritance: When dividing your inheritance, Allah commands you to give men twice the share of women. If the deceased has more than two daughters, they shall have two-thirds of the inheritance; if he has one daughter, she shall have half. After fulfilling the wills of your spouses who died without leaving children and paying their debts, half of their remaining inheritance belongs to you. If your deceased spouses had children, one-fourth of their inheritance belongs to you. These are the limits set by Allah.
The priority of relatives in inheritance: Relatives are closer to each other in inheritance according to Allah’s book than the Muhajirun and Ansar. A suitable bequest to your friends is an exception to this. These are written in the book. [513]
It must be divided without deviating from justice: “You are consuming the inheritance left to you without observing justice.”[514]
It should be given to orphans and the poor: If distant relatives who are not entitled to a share, orphans, and the poor are present during the division of inheritance, give them something and speak kindly to them.
Nowadays: All the blessings bestowed upon mankind are inherited by the earth as a result of its death. The earth dies by giving its blessings and revives again to fulfill its duty. This revival is for the service of the earth’s heir. The living beings who inherit the existence of the earth are its designated heirs. The bodies of all heirs are also trusts bequeathed to the earth. How the inherited legacy is consumed is also the command of the one who bequeathed it to humanity. Most people do not think about the products that come from the earth, nor do they think about what will cause them to be questioned when they enter it. Those who consider death a game and life a reality aim to obtain pleasure by consuming. However, this is not the truth. Life is a game, while death is the absolute reality. This situation is stated in the Holy Quran as follows.
ALLAH (c.c.) says:
Know that the life of this world is nothing but play, amusement, adornment, mutual boasting, and the multiplication of wealth and children. This life is like the abundant rain that gladdens the face of the farmer. But soon you will see the vegetation wither and turn yellow. Then it becomes dry stubble. In the Hereafter, on one side there is severe punishment, and on the other side there is Allah’s forgiveness and pleasure. Worldly life is nothing but a deceptive pleasure.
Inheritance is like this, a balance sheet ([518])showing whether a person sees their own truth as life or death. If a person sees inheritance as a game played on what the deceased left behind, even though they know they will enter the ground, then truth for them has been only life. If they divide the inheritance according to rules set by the killer, seeing the deceased as a lesson, then they have known death as the truth; the existence of wealth has been blessed. For this reason, life must be played according to the rules that bring forth the living from every dead person and the dead from every living person.
Although Allah (swt) places such importance on the matter of inheritance distribution, we see all the customs of ignorance in our time. Today, almost nowhere in the world is inheritance distributed by Muslims in the manner prescribed by the Qur’an. Distributions are made according to the initiative of the elders of the family or according to customs. This unfair distribution causes resentment or quarrels, and subsequently gives rise to envy within the family. In some places, we constantly hear that a cat or a dog has been appointed as an heir.
As in the days of ignorance, we see that many of the daughters who are heirs are not given property as a result of inheritance, and that adopted children are accepted as heirs, receiving the same share of the property as biological children. The Holy Quran states the following on this matter:
Allah has not made your adopted sons like your own sons. These are empty words you utter with your tongues. Allah speaks the truth; He guides to the right path. [519]
“Accordingly, adopting someone else’s child does not create the same rights and obligations as having a biological child. The adopter is not obligated to provide for the child’s maintenance and education expenses. Since no kinship arises between them, there is no impediment to marriage. Inheritance does not occur. However, if someone declares, “This is my son or daughter,” regarding a child whose lineage is unknown, whether the child confirms it or not, the lineage is established from that person, and inheritance occurs between them. On the other hand, adoption and foster kinship are different from each other. Foster kinship arises when a woman breastfeeds a child who is not her own and is of breastfeeding age, and marriage impediments arise as with a biological child. A foundling is also not considered a biological child.
[498] The heir is the one to whom the inheritance falls.
[499] The owner, the property owner
[500] Surah Nisa, Verse 33
[501] Surah Nisa, Verse 33
[502] Fahreddin er-Râzi, Tefsir-i Kebir Mefâtihu’l-Gayb, Akçağ Yayınları: 7/377–378
[503] Ibn Habib, Muhabber, p. 324.
[504] Surah Al-Baqarah, Verse 180
[505] Surah Al-Ma’idah, Verse 106
[506] Surah al-Baqarah, Verse 240
[507] Surah Maida, Verse 106
[508] Surah Al-Baqarah, Verses 181-182.
[509] Surah An-Nisa, Verse 7
[510] Surah An-Nisa, Verse 19
[511] Surah An-Nisa, Verse 33
[512] Surah An-Nisa, Verses 11–13
[513] Surah Al-Ahzab, Verse 6
[514] Surah Al-Fajr, Verse 19
[515] Surah An-Nisa, Verse 8
[516] Ready to undertake a task
[517] Surah Al-Hadid, Verse 20
[518] Total, summary.
[519] Surah Al-Ahzab, Verse 4
[520] Elmalılı, Hak Dini Kur’an Dili, v, 3869–3900; Mehmed Zihni, Nimet-i İslâm, Istanbul 1316 h. Part 3, 271, 273