Inheritance

Inheritance refers to the property that a person leaves behind after his death. In principle, it is the spouse, children and parents of that deceased person who are entitled to have a share in this inheritance.

According to the Shari’ah, a son receives the equivalent of what two daughters get. A girl should not consider this distribution as unjust because it is the command of Allah Ta’ala. We should accept the command of Allah Ta’ala as it is, without wavering. If someone objects or refuses to accept it, he becomes a Kaafir.

Inheritance between a Muslim and a non-Muslim

Rasulullah (Sallallaahu Alaihi Wasallam) said that a Muslim cannot inherit from a non-Muslim nor can a non-Muslim inherit from a Muslim. That is, if a person has embraced Islam, he will not have the right to the property of his parents after their death nor will his parents have any right to his property if he passes away. However, if his parents offered him his share when they were still alive or the heirs agreed to give him his share after the death of their parents, then it will be like a gift that he has the right to accept.

Inheritance of a child who is not yet born 

If a person passes away while his wife is pregnant, then the heirs must wait until delivery to do the distribution because that child also has a share in the inheritance. If ever distribution has to be done, provision must also be made for the child who is not yet born.

Share of parents

Parents also have a share in the inheritance of their child who passed away. According to the general trend, when a person passes away, his wife and children take all his property. And yet, according to the Shari’ah, the parents of the deceased also have their share in the inheritance. But due to the force of the law of the country, the children and the wife of the deceased do not allow the parents of the deceased to get what they deserve according to the Shari’ah. It is an injustice. This is called stealing that so-called civilised people are doing under the cover of law. One will severely be accountable to Allah on the day of Qiyamah!

Inheritance of an adopted child

By adopting a child, the child does not become one’s real child. He is still the child of his parents, even if one has declared him on one’s name, even if the child considers one as his sole parents and even if the child has always called one his parents. Despite all this, he is not one’s child. Therefore, he does not have any right to have a share in one’s inheritance nor does one have a share in his inheritance. If the child leaves behind a huge amount of property and he passes away, it is his real parents who will be entitled to a share in his inheritance according to the Shari’ah even if they did not look after him at all. Thus, when one adopts a child and declares him on one’s name, one is doing an injustice to one’s legitimate and real heirs on the strength of the law of the country. For example, one does not have children but one has siblings and perhaps parents. If one has left behind a property after one’s demise, in principal, they are the ones who should inherit it. However, when one has adopted a child and has given him one’s name, then according to the law, he is one’s child. After one’s demise, he will inherit everything. And yet, it is one’s parents who were supposed to inherit if they are still alive. Otherwise, one’s siblings, nephews and nieces would become one’s heirs. When adopting a child, one must realise that this implies depriving one’s legitimate heirs of the right that they deserve according to the Shari’ah.

[English version of "L'héritage" – Al Jamiat – Vol.3 No.12]