Share of parents in inheritance

The wealth that a person leaves after his death is normally inherited by the spouse and children. But according to the Shariah, the parents of the deceased also have a share. This is something that has been neglected for a very long time. It is a Zulm for which one will have to answer on the day of Qiyaamah. For example, a person passed away and leaves behind his wife, children and his parents, thus, according to our system in Mauritius, it is the wife and children who inherit everything and the parents are left deprived. But according to the Shariah, the wife will only be entitled to 1/8 and the parents will get 1/6 each. And the rest will be for the children. This shows that due to the force of law and order, we are usurping the right of others. How can one expect to receive the blessing of Allah Ta'ala when one is making Zulm and depriving people of their rights regarding which Allah Ta'ala has sent down Qur'anic verses on our Nabi (Sallallaahu Alaihi Wasallam)?

Likewise, when a person who has no child passes away and leaves behind a spouse, brothers and sisters also, then the brothers and sisters also have rights in the estate. But nobody respects this.

The adoption system that is in vogue nowadays is a means of depriving legitimate heirs of their right. Whoever must inherit, is not receiving their share. And sometimes, one's own family members are in need but one brings a stranger who is living in prosperity in one’s house. If helping people who are in problem is a praiseworthy action, then one must bear in mind that one's close relatives are more deserving. According to the Hadith, helping a relative is more worthy of reward than helping a stranger. One may witness such a situation where the parents are in difficulty and the adopted child (of their child) is enjoying and diversifying with the money that their child has left behind.

 It is Allah Ta'ala who created the world and it is solely His law that can guarantee justice at all levels in the world. Thus, if we act against the Shariah, then we must await difficulties somewhere.

[English version of "Part mama-papa dans l’héritage" – Al Jamiat – Vol.6 No.6]