Title:
Nominating a Person as an Heir
Article:
Note: This article was basically written in reply to some
comments/criticisms that I received from a brother, on my article: “Understanding
the Law of Inheritance of the Qur'an”. It may kindly be noted that in
contrast to the general writings on this web site, this article is of a
comparatively technical nature and knowledge of the Arabic language may be
necessary to fully comprehend it.
Mr. Sultan while commenting on my article “Understanding
the Law of Inheritance of the Qur'an”, writes:
“The nomination of a person, relative or not, to get the rest of the
inheretance does not seem right. What is his [Learner's] source to support
this point? Did the Quran mention it?! No book nor dictionary refared to
nomination!!!”
This comment is probably made on the following statement of my original
article:
“… if a person wants to add any kalalah relative (brothers
and/or sisters, in the presence of children, and maternal and/or paternal
aunts and uncles etc.) with the inheritors specified in the Qur'an, in their
absence or after their share has been given, he can do so by nominating the
desired person. Such nomination cannot be made for any of the persons whose
share has been specified in the Qur'an, neither can such nominations alter any
of the shares specified in the Qur'an.”
If my explanation of the word “Kalaalah” as used in the
Qur'an is accepted to be correct (please see the article 'The
Meaning of the word “Kalaalah“'), then the verse in which
the particular word has been used is itself an answer to Mr. Sultan's comment.
If my explanation of the word is accepted to be correct, then the translation of
the related part of Al-Nisaa 4: 12 will be:
And if a man or a woman is made an heir on account of being a Kalaalah
[relative]…
or:
And if a man or a woman is made an heir on account of his/her Kalaalah
relationship [with the deceased]…
In either case, it is quite obvious that the “Kalaalah”
relative shall [at least in most of the cases] be made an heir through
nomination of the deceased himself. Thus, if my explanation of the word “Kalaalah”
is correct, then this verse is a clear evidence that a person can nominate any
one of his relatives [or even non-relatives] to be one of the heirs to inherit
his property.
Moreover, it should also be kept in mind that nominating any person to be the
heir (or one of the heirs) of a person's property is one of the basic ownership
rights of the owner of that property. The question now is whether such a basic
ownership right has been curtailed by the Shari`ah or not. If Mr.
Sultan thinks that the Shari`ah has limited or curtailed this ownership
right of a person, then it is his duty to provide the source of such limitation
from the Qur'an and the Sunnah.
© Copyright June, 1999. All Rights Reserved with the Author