Inheritance and the Science of Inheritance
Inheritance can be defined linguistically as the continuation of a person’s existence after the death of another, allowing the surviving individual to acquire what the deceased has left behind. In jurisprudence, it refers to the rights and assets remaining from the deceased, which the rightful heirs are entitled to after the person’s demise. The science of inheritance encompasses a collection of legal and mathematical rules aimed at determining the shares of the heirs from the material rights left by the deceased.
Qur’anic Verses on Inheritance
Allah Almighty said: (For men is a Share of what the parents and close relatives leave, and for women is a Share of what the parents and close relatives leave, be it little or much; an obligatory Share). Inheritance is a right granted to parents, children, and relatives, to be divided among them according to the laws established by Allah. Below is a clarification of the inheritance shares for each party as mentioned in the Qur’anic verses:
Inheritance of Parents and Children
Allah Almighty stated: (Allah instructs you regarding your children: for the male is like the share of two females. But if there are three or more females, they will have two-thirds of what he leaves, and if there is one, she has half. And for his parents, each one of them has a sixth of what he leaves if he has a child. But if he has no child and they inherit him, then his mother has one-third; and if he has siblings, then his mother has one-sixth. This is after any bequest he may have made or debt. Your parents and your children, you do not know which of them is nearest to you in benefit. This is an obligation from Allah; indeed, Allah is Knowing and Wise).
Inheritance Between Spouses
Regarding the inheritance of spouses, Allah says: (And for you is half of what your wives leave if they have no child. But if they have a child, then for you is one-fourth of what they leave; this is after any bequest they may leave or debt. And they have one-fourth of what you leave if you have no child; but if you have a child, then for them is one-eighth of what you leave; this is after any bequest you may leave or debt).
Inheritance of Kalan, or Collateral Relatives
In the conclusion of Surah An-Nisa, there is a discussion on the inheritance of Kalan, referring to a person without parents or children, and to whom their inheritance is granted. Allah Almighty said: (They ask you for a legal ruling. Say, “Allah gives you a ruling concerning Kalan: If a man dies and has no child and has a sister, she will have half of what he leaves. And he inherits her if she has no child. But if there are two sisters, they will have two-thirds of what he leaves. If there are siblings, male and female, male will get a share equal to that of two females. Allah clarifies for you lest you go astray. And Allah is Knowing of all things). In relation to Kalan, another verse states: (And if a man or a woman has no direct heir, but has a brother or sister, then each of them receives a sixth. But if there are more than that, they are partners in one-third, after any bequest they may have made or debt that is not harmful. This is a commandment from Allah. And Allah is Knowing and Forbearing).
Inheritance of Relatives
Allah states: (And when the distribution occurs, those relatives, orphans, and the needy should be given something from it, and speak to them a good word). This verse encourages generosity towards relatives of the deceased who may not have a formal right to inheritance, such as orphans and the needy, when present during the division of assets. Additionally, concerning the inheritance of blood relatives, Allah says: (And those related by blood are closer to one another in the Book of Allah than the believers and emigrants). During the time of migration, Muslims inherited from each other after the Prophet (peace be upon him) established brotherhood between them. However, this verse was abrogated by the verses in Surah An-Nisa, which state that inheritance should be determined through blood relations, thus emphasizing the rights of close relatives over mere brotherhood in faith.