The Law of Inheritance of the Qur'an

Understanding

The Law of
Inheritance of the Qur'an^**

A Response to the
Article:

“Who is going to pay the
bill for the promise in overdraft?”

Mr. Jochen Katz, in one of his articles
has raised a number of questions regarding the 'Law of Inheritance' of the Qur'an. The
purpose of this writing is to answer the questions raised by him.

But before an attempt is made
to answer the questions raised by Mr. Katz, it seems appropriate that I should state how I
understand the related verses of the Qur'an. I think that the correct understanding of
these verses will itself provide answers to most of the questions raised by Mr. Katz.

A brief outline of the discussion that follows is as
under:

Translation of the
Related Verses

Verse-11
Verse-12
Verse-176

A Brief Explanation of the
Law

TWO CATEGORIES OF INHERITORS

THE SHARES

1- Shares of the Inheritors of the First Category

a)
Parents
b) Spouse

2- Shares of the Inheritors of the Second Category

a)
Children
b) Brothers And Sisters
c) Parents

“KALALAH” INHERITORS

WHAT ABOUT THE BALANCE?

Questions & Criticisms
of Mr. Katz

Translation of
the Related Verses

The law of inheritance has been
given in the Qur'an in Sura Al-Nisa' (the fourth chapter) verses 11 & 12 and then in
verse 176. The translation of the related portions of these verses (as I understand them)
is given below:

Verse-11:

“Allah
enjoins you about [the share of inheritance of] your children: A male's share shall equal
that of two females - in case there are only daughters, more than two shall have
two-thirds of what has been left behind. And if there be only one daughter, her share
shall be half - and if the deceased has children, the parents shall inherit a sixth each,
and if he has no children and the parents are his heirs then his mother shall receive a
third, and if he has brothers and sisters then the mother's share is the same one-sixth.
[These shares shall be distributed] after carrying out any will made by the deceased or
payment of any debt owed by him (the deceased). You know not who among your children and
your parents are nearest to you in benefit. This is the law of Allah. Indeed Allah is
wise, all knowing.”

Verse-12:

“You
shall get half of what your wives leave, if they die childless. But if they do have
children, your share shall then be a quarter of what they leave after carrying out any
will made by the deceased or payment of any debt owed by her. And they (your wives) shall
have a quarter of what you leave, if you die childless. But in case you have children,
they shall then get one-eighth of what you leave, after carrying out any will made by you
or payment of any debt owed by you (the deceased). And if a man or a woman is made an heir
on account of his [or her] kalalah relationship [with the deceased] and he [or she]
has one brother or sister, the brother and sister shall each receive a sixth and if they
be more than two, they shall then share in one-third, after carrying out any will that had
been made by the deceased or payment of any debt owed by him - without harming anyone.
This is a command from Allah and Allah is all-knowing, most forbearing.”

Verse-176:

“They
ask you. Say: Allah enjoins you about your kalalah heirs that if a man dies
childless and he has only a sister, she shall inherit half of what he leaves; and if
she dies childless, then her brother shall be her heir; and if their are two
sisters, they shall inherit two-thirds of what he [or she] leaves. If there are many
brothers and sisters, the share of each male should be that of two females. Allah makes
[His commands] clear to you, so that you do not err. Allah has knowledge of all
things.”

A Brief Explanation
of the Law

According to these verses of the Qur'an The first
right on the property of the deceased is that of the creditors. After the payment to the
creditors, any will made by the deceased shall be executed. The remainder of the property
and assets of the deceased, if any, shall be distributed among the inheritors in the
specified proportions.

TWO CATEGORIES OF INHERITORS

A close analysis of these
verses shall show that according to this law, there are basically two kinds of inheritors:

inheritors who are to be given a
fixed proportion of the total inheritance; and
inheritors who are to share, in
a specified proportion, the balance of the inheritance after the share of inheritors of
the first category has been given.

The first category of
inheritors includes parents¹ (in case a
person has any children or brothers and sisters) and spouse². On the other hand, the second category of inheritors includes
children³, brothers and sisters⁴ (in case a person dies childless) and parents⁵ (in case a person has neither children, nor brothers and sisters).

It simply means that in case
any or all inheritors of the first category are present, first they shall be given their
stipulated portion of the inheritance. The balance of the inheritance shall then be
distributed among the second category of inheritors, according to their specified
proportion. On the other hand, in case any or all of the inheritors of the first category
do not exist, then all the property and assets of the deceased shall be distributed among
the inheritors of the second category, according to the stipulated principle or according
to their specified shares.

THE SHARES

1- Shares of the
Inheritors of the First Category

a) Parents

The share of the parents (as inheritors of the first
category, i.e., when the deceased has either children or brothers and/or sisters) shall be
one-sixth each⁶.

b) Spouse

The shares of the spouse⁷ are as under:

Husband:

If the wife dies childless - half of the total
property and assets of the wife
If the wife had any children - a quarter of the total
property and assets of the wife

Wife:

If the husband dies childless - a quarter of the
property and assets of the husband
If the husband had any children - one-eighth of the
property and assets of the husband.

2- Shares of the Inheritors of the Second
Category

a) Children

The deceased's children shall share in the balance of
the property and assets of the deceased, after the stipulated shares of all the inheritors
of the first category have been given. The share of the deceased's children⁸ is as follows:

If there are both sons and daughters - the share of
each son shall be double that of each daughter, in the balance of the property and assets
of the deceased after the shares of the first category of inheritors is given..
If there are only sons - all the sons shall share
equally in the balance of the property and assets of the deceased after the shares of the
first category of inheritors is given.
If there is only one son - he shall take all the
balance of the property and assets of the deceased after the shares of the first category
of inheritors is given.
If there is only one daughter (and no other children)
- she shall get half of the balance of the property and assets of the deceased after the
shares of the first category of inheritors is given.
If there be two or more daughters (and no sons) -
they shall share equally in two-thirds of the balance of the property and assets of the
deceased after the shares of the first category of inheritors is given.

b) Brothers And Sisters

According to verse 176, in case
the deceased is childless, and has any brothers and/or sisters, the share of brothers and
sisters of the deceased shall be exactly the same as that of his sons and/or daughters
respectively, if he had any. Thus the share of the brothers and sisters shall be as under:

If there are both brothers and sisters - the share of
each brother shall be double that of each sister, in the balance of the property and
assets of the deceased after the shares of the first category of inheritors is given..
If there are only brothers - all the brothers shall
share equally in the balance of the property and assets of the deceased after the shares
of the first category of inheritors is given.
If there is only one brother - he shall take all the
balance of the property and assets of the deceased after the shares of the first category
of inheritors is given.
If there is only one sister (and no other brothers
and/or sisters) - she shall get half of the balance of the property and assets of the
deceased after the shares of the first category of inheritors is given.
If there be two or more sisters (and no brothers) -
they shall share equally in two-thirds of the balance of the property and assets of the
deceased after the shares of the first category of inheritors is given.

c) Parents

In case a person has neither
children nor brothers and/or sisters then his parents shall share the balance of his
property and assets after satisfying the claims of the inheritors of the first category⁹ (in this case, the spouse of the deceased).

“KALALAH”
INHERITORS

Besides the stated relations (i.e., children,
parents, brothers and/or sisters and spouse), the Qur'an has also referred to another kind
of relations - the “Kalalah“. In the Arabic language, the word “Kalalah”
is used in different meanings. In verse 12, it is used for relations other than the
parents and children of a person.

Thus, 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'an¹⁰, in their absence¹¹
or after their share has been given¹², 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'an¹³.

According to the Qur'an, if any one has made such a
nomination in favor of any of his kalalah relatives, the following rule shall apply¹⁴:

If the nominated person has one brother and/or one
sister, then a sixth each of the nominated amount shall be given to this brother and/or
sister. The balance of the nominated amount shall be given to the nominated person.
If the nominated person has more than two brothers
and/or sisters they shall all equally share one-third of the total nominated amount and
the balance of the nominated amount shall be given to the nominee.

WHAT ABOUT THE BALANCE?

According to our understanding of the law of
inheritance given in the Qur'an, there can be certain instances^* where a portion of the wealth of the deceased is left over after
all the heirs have been given their shares. In the same way, if a childless person has
neither brothers and/or sisters nor parents, a significant portion of his wealth shall
remain undistributed. One solution to this problem, as indicated above, is that the Qur'an
has directed the person to make someone his heir. But in case, the person has not done so,
then what is to be done with the remaining balance? The following tradition provides an
answer to this question, in most of the cases:

“Give the heirs their
share; if something remains, it is for the closest male relative”. (Muslim,
Kitabu'l-Faraidh, Chapter 1)

This is the law of inheritance of the Qur'an.

In the following section we shall examine the
questions asked about this law by Mr. Jochen Katz.

Questions & Criticisms of
Mr. Katz

1- Mr. Katz has stated in his
article:

There are numerous simple cases which
are not clear how to deal with them at all, since they don't fall under the instructions
given. For example, if I have only one daughter, verse 4:11 says that she gets half
[seemingly no matter who else might inherit]. The verse also states the general rule that
a son inherits double of what a daughter inherits. Does that mean a single son would get
all? Even if there are still parents which should also get a share? Also, it is regulated
that one daughter would get half, and more than two daughters will [equally] share in 2/3.
How much would two daughters get among them? The average between 1/2 and 2/3?

In the explanation of the law above, I have already
dealt with these questions. I do not there would be any use of repeating the answers
again.

2- Mr. Katz asks:

Suppose I was already a widower and
have only one daughter. When I die my one daughter gets half according to verse 11. What
happens to the rest?

This question has also been dealt with in the
explanation of the law. There is absolutely no reason of repeating the answer.

3- Mr. Katz asks:

Suppose my wife has no relatives at
all [e.g. being a war orphan] and she dies before we are blessed with any children.
According to verse 12, I get half of her property. Who gets the other half of her
property? Only half of the inheritance is regulated according to the Qur'an.

Before answering this question, I would like to
clarify that the directive of the Qur'an is not to regulate the total inheritance of a
person but to fix the shares of the closest inheritors. There is a possibility that a
significant part of the total property of a person is left unregulated. In such instances,
the person is given the choice to select any person or persons, related or unrelated to
him as his inheritor(s). In case no such person has been nominated by the deceased, then
the closest male relative of the deceased shall inherit; and in case there are no
relatives of the deceased then the state (government) of residence of the deceased can
make any regulation to regulate this property. Any regulation of the state, in this
connection, that does not alter the prescribed shares of the inheritors mentioned in the
Qur'an and does not hinder the freedom of the deceased is allowed under the Islamic law.

4- Mr. Katz asks:

The same situation with switched
roles, my wife would get a quarter, but who gets the other 3/4 of my property?

See answer to question No. 3.

5- Mr. Katz asks:

I die and leave my wife and one
daughter but I have no other relatives, which means that my daughter gets 1/2 = 4/8 [verse
11] and my wife gets 1/8 [verse 12] leaving again 3/8 unaccounted for.

The answer to this question is the same as that to
question no. 3. But it must be pointed out that the calculation of shares is not accurate.
According to the explanation provided above the shares should be calculated as under:

Wife: One-eighth of the total assets of the deceased.
Daughter: Half of the remaining seven-eighths of the
assets, i.e., 7/16^th of the total assets.
Balance: The remaining 7/16^th shall be
given to the person bequeathed by the deceased; in the absence of such a person, it shall
be given to the closest male relative of the deceased; in the absence of such a relative,
the balance shall be distributed as per the regulations of the state of residence of the
deceased.

6-
Mr. Katz asks:

In all these [and several more
such] cases the question is: Who gets the rest? I agree this can be taken care of by
donating it to charities or the local Masjid. But the problem is the Qur'an does not
tell us what to do with it. Can the rest also be distributed among the wife and children?
But that procedure would make their shares different from what has been specified in
the Qur'an! What is the point of specifying clear shares and then abandoning the
instructions?

The “rest”, as stated earlier, is left on
the discretion of the deceased. Whoever, in his opinion, needs to get this
“rest” may get it. Yes, it may be donated to a charity or a local Masjid.

The Qur'an does not tell us what to do with it so
that the individual is left with the option of deciding about it. As has already been
stated, the object of the Qur'an is not to distribute the whole property and assets of an
individual, but to guide the Muslims regarding the rights of their relatives on their
property. Obviously, it is not necessary that the accumulated rights of our relatives, in
all the cases, must equal the total property.

No, the rest cannot be distributed among the wife and
children. No change can be made in the prescribed shares of the inheritors mentioned in
the Qur'an.

7- Mr. Katz says:

If I (as the male head of the family)
die and leave behind (in the order given in the verses above):
    3 daughters,     both parents,      my wife,     then they will receive

    2/3 (2/9 each)   1/3 (1/6 each)     1/8          according to 

    verse 11         verse 11           verse 12     which adds up to

    2/3          +   1/3            +   1/8     =    1 + 1/8
Where is the extra 1/8 going to come
from? Is the local Muslim community [the “fund for balancing out the inheritance
shares that don't add up”] going to pay it? After all, if they would be getting the
left-overs from the cases when the sum is less than one in the examples above, that would
only be fair.

The calculations given in the above table are not
correct. I am sure that Mr. Katz will now be in a position to calculate these shares
correctly in the light of the explanation of the law above. In any case, the correct
calculations are as under:

Parents: Both parents shall receive one-sixth each,
i.e., one-third of the total property.
Wife: The wife shall receive one-eighth of the total
property.
Balance: The balance after giving away the shares of
the first category of inheritors shall be 1-(1/3+1/8) = 1-(11/24) = 13/24
Daughters: The three daughters shall equally share
two-third of the balance of the property and assets of the deceased after the shares of
all the inheritors of the first category have been given. 13/24 x 2/3 = 13/36; share of
each daughter shall be 13/36 x 1/3 = 13/98
Total: The total shares distributed shall be
1/3+1/8+(13/98 x 3) = 13/24+13/36= 65/72
Balance: The balance (i.e., 1-65/72 = 7/72) shall be
given to the person bequeathed by the deceased; in the absence of such a person, it shall
be given to the closest male relative of the deceased; in the absence of such a relative,
the balance shall be distributed as per the regulations of the state of residence of the
deceased.

There is not a single imaginable case, where the
total shares assigned by the Qur'an exceed 1.

8- Mr. Katz says:

One son and one daughter. 4:11
says that one daughter will get half and a son will get double a daughter's share, which
would be everything. 150% of the available property is distributed and we haven't even
looked at the parents and spouse yet.

Mr. Katz has mixed up two separate situations in his
statement. According to 4: 11, if the deceased has both sons and daughters then the
principle: “a male's share shall equal that two females” will apply. While the
statement: “one daughter will get half” shall apply only when a person has no
other (male or female) child except the “one daughter”. This is quite clear from
the statement of the Qur'an: “… in case there are only
daughters, more than two shall have two-thirds of what has been left behind. And if there
be only one daughter, her share shall be half…”

In the stated case (one son and one daughter),
therefore, the principle: “a male's share shall equal that of two females” will
apply. Thus, after the share of all the inheritors of the first category (i.e., parents
and spouse) have been given, the male shall get two-thirds of the balance and the female
shall receive one-third of the balance.

9- Mr. Katz says:

let us assume that 4:11 doesn't only
speak about 2/3 for more than two daughters but the 2/3 share holds every time when there
are two or more children as many Muslims interpret it. But then the last mentioned case
above would still be the same problem for any number of children since the children get
2/3, the parents get 1/3 and then there is nothing left for the wife which is supposed to
get 1/8.

As has been
clarified in the explanation of the law above, in verse 4: 11, the two-thirds share is
the share of a person's children, if they consist only of two or more daughters and no
son. It does not apply “every time when there are two or more children (male as well
as female) as many Muslims interpret it”. Whenever the children of the deceased
consist of male as well as female offspring, the principle: a male's share shall equal
that of two females” shall apply.

“The last mentioned case” or any other case
would never cause “the same” problem, if the law is properly understood. The
children (if they consist only of two or more females) shall get two-thirds of the balance
of the property and assets of the deceased, after the share of the parents (one-third) and
that of the wife (one-eighth) has been given. Thus, even in the stated case, there shall
be a balance remaining after all the shares have been given, which may be distributed
according to the bequest of the deceased, or in the absence of it, may be given to the
closest male relative of the deceased; and if no such relative exists, may be distributed
according to the regulations passed by the legislative of the state.

There can be no imaginable case, even if the
maximum number of wives (i.e., four) is assumed for the deceased, where the accumulated
shares of all the inheritors exceeds one.

10- Mr. Katz says:

When a man dies and leaves
behind a mother, wife and one sister only, then according to 4:11 the mother gets 1/3
(because he has neither children nor a brother), the wife gets 1/4 according to 4:12
(because they have no children) and the sister gets 1/2 according to 4:176 (because he has
no children). Not only do we have again distributed more than there exists [1/12 in
overdraft], we also have the very strange result that the direct heirs [people of direct
relationship = spouse, children, parents] get each less than the indirect heir which is
his sister. It becomes even worse if he has more than one sister since they then get 2/3
instead of 1/2 and we get even more into overdraft.

Though it does not make much of a difference in
proving this point incorrect, but still it must be clarified here that the word: “Ikhwatun”
in verse 4: 11, translated by Arberry as “brothers” denotes the existence of
both brothers and/or sisters, whether one or more. Therefore, it should more accurately be
translated as “siblings” or “brothers and sisters”. This is a normal
usage in the Arabic language. In verse 176, the Qur'an has removed all doubts that this
word has not been used only for brothers, but for brothers and sisters both. It says in
verse 176: “in kanu ikhwatan rijalan wa nisa'an” (i.e., if there be
siblings, male and/or female).

Now, to take the stated situation, the shares of the
various inheritors shall be as under:

Mother: The mother's share shall be one-sixth of the
total assets of the deceased.
Wife: The wife's share shall be one-fourth of the
total assets of the deceased.
Balance: The balance after the shares of the first
category have been given shall be
1-(1/6+1/4) = 1-(5/12) = 7/12
Sister: The sisters share shall be half of the balance
of the property and assets of the deceased after the shares of the inheritors of the first
category have been given. 7/12 x 1/2 = 7/24
Total: 7/24 + 5/12 = 17/24
Balance: The balance (1 - 17/24 = 7/24) shall be given
to the person bequeathed by the deceased; in the absence of such a person, it shall be
given to the closest male relative of the deceased; in the absence of such a relative, the
balance shall be distributed as per the regulations of the state of residence of the
deceased.

In this particular case, the sister (indirect heir?)
does get more than the mother and wife (direct heirs?), because in this situation she is
the only sister and one of the inheritors of the first category (i.e., the deceased's
father) is not present. But then again, what exactly is wrong with such a situation?

11- Mr. Katz states:

Anybody who has ever dealt with
dividing out an inheritance will know how easily that can get nasty and how this can
poison family relationships if people think they have been cheated. Promising certain
people a definite share but not being able to pay them this share because more was
promised than is available is the surest recipe for disaster.

As stated earlier, there is no imaginable situation
where the Qur'an has promised more than is available. Can any of my readers give me an
instance?

12- Mr. Katz states:

According to 4:12 and 4:176 the
siblings of the person who died share in the inheritance only when there are no direct
heirs (i.e. parents or children according to Muslim understanding - see Yusuf Ali's
translation and footnote), but in 4:11, the portion of the mother depends on the existence
of brothers, which makes sense only if these brothers get the part that is taken from the
mother. If they do not get it, and we suppose the shares added up to one without the
existence of brothers, then who gets this sixth that was taken away from the mother by the
pure existence of these brothers? It either does not add up with or without the existence
of this brother if he does not get this sixth of the mother.

The explanation of the law above should suffice as an
answer to this statement. To summarize, it should be noted that:

According to 4: 176, the siblings of a person inherit
his property in the absence of his children. Verse 176 clearly states: “if a man dies childless…”. It is
quite clear from these words that the absence of parents is not a necessary
condition for siblings to have a share in the inheritance.
The word “ikhwatun” in 4: 11 is not used to
mean “brothers” but “siblings” or “brothers and sisters”, as
is substantiated by the same usage of this word in verse 176.
The portion of the mother is reduced if the deceased
has any siblings because, as the learned writer writer has rightly assumed, the siblings
of the deceased have a share in the inheritance of the deceased, in the absence of the
deceased's children.
The referred part of 4: 12 has normally been wrongly
interpreted. I am sure if the above explanation of the law is closely followed, it shall
remove all the questions asked in this connection.

13-
Mr. Katz states:

Last problem for now: 4:12 says
that in case there are no direct heirs [parents or children] then “brother or a
sister, to each of the two a sixth” while 4:176 says in the same situation that
“they shall receive two-thirds of what he leaves” [double of what 4:12 says].

As stated earlier, the word “kalalah”
in verse 4: 12 has been wrongly interpreted to mean that the deceased has no children or
parents. As has been stated earlier, it actually means “relations other than children
or parents”. The remaining part of the statement has been answered under the section
titled: “Kalalah” Inheritors.

14- Mr. Katz states:

Given the prime importance of this
topic, it is an even worse problem to find contradictions on this issue in the Qur'an.

I shall truly like to know about a single
contradiction in these verses.

15- Mr. Katz states:

Furthermore it seems that I can
bequeath whatever I have to whomever I will, since bequests [and debts] are to be taken
care off before the rest is distributed to the nearer or wider family. That this can lead
to rather gross injustices (e.g. not leaving any support to your elderly parents) does not
need to be explained in great detail.

The Qur'an has allowed a person to bequeath any part
of his property to anyone he chooses, except for those whose share has been prescribed in
the Qur'an. But even here, the basic guidance has been provided in the following words:

“…
after carrying out any will made by the deceased or payment of any debt owed by him [the
deceased] - without harming anyone. This is a command from Allah and Allah is
all-knowing, most forbearing.”

The last words of the selected
portion of the verse, “Allah is all knowing, most forbearing” are a warning as
well as an encouragement for the Muslims. A warning - that if they knowingly commit any
injustice, they must remember that Allah is all knowing, nothing of their deeds is hidden
from Him. And an encouragement - that if they err without the intention of harming
anyone, then Allah is most forbearing. He will forgive the unintentional harm done by the
devoted and sincere.

The Prophet (pbuh) is also
reported to have said:

It is
better that you leave your heirs some wealth rather than leave them poor. (Bukhari,
Kitabu'l-Wasaya)

In the presence of these teachings, it is still quite
possible that a person errs in judgment and some harm is done to his heirs, because of his
bequest. But then again, this is the risk in every case of freedom granted to the
individual. Taking away this right, would close the doors of contributing any good that an
individual can contribute in his own judgment. Finally, according to 2: 182:

He that
suspects an error or an injustice on the part of a testator and brings about a settlement
among the parties incurs no guilt.

the Qur'an allows that if a person's bequest results
in an obvious injustice, it may be altered by bringing about a settlement among the
parties concerned.

16- Mr. Katz states:

A further contradiction in the
inheritance laws is the above not mentioned verse of Sura 4:7

To the men a share of what
parents and kinsmen leave and
to the women a share of what parents and kinsmen leave,
whether it (the property) be little or much, a share apportioned.

determining that men and women should
each get an equal share (the parallel construction makes that obvious) clearly
contradicting the instruction in 4:11, saying

Allah charges you, concerning your
children:
to the male the like of the portion of two females, …

The above objection is completely unfounded.
According to the most commonly known rules of the Arabic language, as well as most other
languages like for instance English, if the same noun is repeated with an indefinite
article, the two nouns normally do not stand for the same thing. For instance in Arabic,
you say: “ishtaraitu farasan wa be'tu farasan” (I bought a horse and I
sold a horse). “A horse” in the first part of the sentence has to be different
from the one in the second part. Had this sentence been like: “ishtraitu farasan
wa be'tu'l-faras” (I bought a horse and I sold the horse), the second
“horse” being with the definite article, shall now, normally, be taken to mean
the same horse that was bought. Innumerable examples can be quoted from the Arabic
language that will show that if the same common noun, with an indefinite article is
repeated, as is the case in the referred part of 4: 7, the two nouns signify two different
realities or concepts. Thus, in the referred part of 4: 7, when the word “share”
is repeated as a common noun, preceded by an indefinite article, the two words cannot
refer to the same amount of share. It must, in such a case refer to different values or
amounts of shares.

17- The last comment that Mr.
Katz has made on this issue relates not to any mathematical or “share
calculation” issue but to the lack of justice in the assignment of various shares.
Mr. Katz begins his argument with the following statement:

…Muslims argue that the
shares of a male are double than that of a female not because a male is worth more, but
because the male has the duty to support his family while the female can spend it all on
herself without the need to share.

Because the whole argument of Mr. Katz on the issue
of 'lack of justice' is primarily based on his acceptance of the reason given by the
Muslims in this respect, as stated above, I would therefore like to present a brief
analysis of this reason.

Mr. Katz is absolutely right in saying that the
reason normally given by the Muslims as the basis for the difference in the shares of the
male and the female relatives of the deceased is that the male has been assigned the duty
to support his family, while the female has no such duty placed on her. I must admit that
this can be taken as one of the reasons for the disparity in the male/female shares, but a
close analysis of the verses on inheritance shows that it is not the reason given
by the Qur'an. The Qur'an on the other hand, gives an absolutely different reason for
assigning different shares in a person's assets to his relatives after his death. The
Qur'an says:

You know
not who among your children and your parents are nearest to you in benefit. This is the
law of Allah. Indeed Allah is wise, all knowing.

Obviously, the extent of help and co-operation which
a person receives from his parents, children and other close relatives cannot, normally,
be paralleled by any other association. Undoubtedly, the world has always considered the
kins of a deceased as the rightful beneficiaries of the wealth that he leaves behind. But
certain issues, in this regard, have always remained unresolved. For instance, who among
the relatives is nearest with respect to the benefits he holds for the deceased, and how
should the shares of inheritance be calculated on this basis. It is not that the human
endeavour in this regard has fallen prey to lack of application, rather it is due to
certain inherrent limitations of the human mind which have made this task beyond its
reach. Love, hatred, prejudice and other emotions have made it very difficult for the
human intellect to come to grips with this challenge. Consequently, the wise and the all
knowing has Himself guided mankind in this regard to relieve them from the disorders which
have originated and can originate on this account.

Thus, the basic principle on which the shares of the
various relatives of the deceased have been assigned is the benefit that accrues or can
accrue from these relations to the deceased.

After this clarification, let us look at some of the
objections raised by Mr. Katz in this regard. Mr. Katz states:

Imagine the situation that a
man dies and leaves no direct heirs but only a brother and a sister. His sister might be a
widow with children, without support from others, but she has to feed her children. The
brother might be a rich business man and bachalor who has nobody to take care of but
himself. Nevertheless, the brother will get 2/3 and the sister will get 1/3 of the estate.

As stated earlier, the basic principle in the
assignment of shares is not the “need” of the particular inheritor but the
benefit that has accrued or can accrue from this relation to the person in question (the
deceased). Furthermore, it must also be kept in mind that the assignment of these shares
is not the only means of supporting a 'needy sister'. A person has all the
authority and right to give away as much of his assets as he desires, during his life, to
any of his relatives who are in need. The shares mentioned in the verses under
consideration are shares in the inheritance of a person. Such inheritance, if it is to be
regulated in any way, cannot be regulated by keeping only exceptional situations in view.
There can be a number of ways of dealing with such exceptional situations, if the person
really wants to do so, while following the law in letter and spirit. (Most of the examples
and situations given by Mr. Katz may be considered in the light of this paragraph).

Mr. Katz states:

The male does get double the female
no matter what their respective financial situation is and how many people depend on them.
He might voluntarily give money to the needy relative. But the inheritance law does not
say so, and he does not have to.

I am surprised to read what Mr. Katz has written here. Obviously, it is not for an inheritance
law to suggest to a sharer in the inheritance to give up his or her share for some
other sharer. The purpose of an inheritance law is only to assign shares to various
relations of a deceased in a generally acceptable and just manner. I am sure Mr. Katz will
not negate my statement that the Qur'an has generally prompted its believers to spend for
the well being of their relatives. Not only that, the Qur'an persuades the Muslims to
spend for the general well being of others, even in times of difficulty and financial
stress.

It is very unfortunate that while considering an idea
different from our own, we are more interested in pointing out what, according to our own
(sometimes erroneous) thinking, 'should have been', rather than find out and understand
what really 'is'.

I hope that Mr. Katz and all those who read this
article will notify me of anything that is incorrect or is not based on the proper
understanding of the Qur'an or the Arabic language.

References and
Explanatory Notes

1- Regarding the
share of the parents, the Qur'an says:

…if
the deceased has children, the parents shall inherit a sixth each, and if he has no
children and the parents are his only heirs then his mother shall receive a third, and if
he has brothers and sisters then the mother's share is the same one-sixth.

If we look at this part of the
verse closely, we shall see that in case the deceased has any children or, in the absence
of children, has any brothers and/or sisters, the parents are to receive a fixed share
(one-sixth each) of the total inheritance. Thus, we may conclude that in the presence of
either children or brothers and/or sisters of the deceased, the parents get a fixed share
in the total inheritance.

From the last line of the
referred part of this verse, which says that the share of the deceased's mother is
returned to the original share (i.e., the share stipulated for the mother in case the
deceased had any children - one-sixth), one may easily derive that if a person dies
childless but has any brothers and/or sisters:

the share of the deceased's
father will also be one-sixth, which is the original share of the deceased's father (i.e.,
the share stipulated for the father in case the deceased had any children - one-sixth);
and
the brothers and/or sisters of
the deceased shall take the same position, with regards to inheriting the deceased's
property, as would have been the position of the deceased's children, if he had any. The
statement of Verse 176, clearly supports this derivation.

Both these derivations can be
made on the simple basis that in case of a childless person, if he has any brothers and/or
sisters the share of the mother has been returned to what her share would have been if the
deceased had any children.

2- Regarding the share of
the spouse, the Qur'an says:

You
shall get half of what your wives leave, if they die childless. But if they do have
children, your share shall then be a quarter of what they leave after carrying out any
will made by the deceased or payment of any debt owed by her. And they (your wives) shall
have a quarter of what you leave, if you die childless. But in case you have children,
they shall then get one-eighth of what you leave

According to the referred part
of the verse, in case a woman dies childless, the husband shall get half of her property
and assets. While if she has any children, her husband's share shall be one-fourth. On the
other hand, if a man dies, his wife shall get a quarter of his property and assets, if he
dies childless, while she shall get one-eighth if he has any children.

3- The share of the deceased's
children has primarily been mentioned in the following words:

Allah
enjoins you about [the share of inheritance of] your children: A male's share shall equal
that of two females…

(For the purpose of
understanding the verse more easily, its remaining part that relates to the share of a
person's offspring - i.e., in
case there are only daughters, more than two shall have two-thirds of what has been left
behind. And if there be only one daughter, her share shall be half - is not yet being considered. This part of the verse shall be
considered in detail, later.)

If the commandment of the
Qur'an, regarding the law of inheritance had ended here, it would have meant that the
total property and assets of the deceased are to be distributed among his/her children,
according to the principle that each male child gets double the share of every female
child. For example, if someone says: “This money is to be distributed among your
children equally”, it would simply imply that: 1) the money is to be distributed
among all the children, according to the principle of equality; and 2) no one except the
“children” has a right on the total money. In the same way, if someone says:
“This money is to be distributed among your children in such a way that each female
child gets half of what each male child gets”, there shall be no change in the two
stipulated implications of the sentence, except that in the latter case the principle of
distribution, rather than “equality” shall be “each female gets half of
what each male gets”.

But, as a matter of fact, the
commandment of the Qur'an does not end here. The Qur'an has mentioned a few other
relations, like the parents and the spouse of the deceased, who are to be given a
specified portion of the deceased's property. But the words used in describing the shares
of the relations other than the children of the deceased are such that clearly imply that
the other relations are to be given a fixed proportion of the total property and assets of
the deceased, while his/her children are to share the balance of the property remaining
after the share of the other relations has been given.

Suppose someone says:
“Distribute this money equally among your children; give one-third of it to your
parents”. Obviously the implication of this sentence is quite clear. It simply means
that first, one-third of the total money should be given to the parents and the remaining
amount (two-thirds of the total) should be distributed equally among the children. In the
same way, if someone says: “Distribute this money among your children in such a way
that each girl gets half of what each boy gets; give one-third of it to your parents and a
quarter of it to your wife”, it would simply mean that after giving one-fourth
of the money to the wife and one-third to the parents, the remaining five-twelfths is to
be distributed among the children in such a way that each boy gets the double of what each
girl gets. It also means that if the person does not have either or both the parents and
the wife, the total money would then be distributed among his children according to the
given principle.

The directive of the Qur'an is quite similar to the
above example statements. In a simplified form, it says that the deceased's children are
to share the property on the principle that each male child gets double the share of each
female child; parents are to get one-sixth each; and the deceased's wife is to be given
one-eighth. This simply means that the deceased's mother, father and wife are to be given
one-sixth, one-sixth and one-eighth of the total property respectively. The remaining
balance (13/24^th) shall then be distributed among the children according to the
stipulated principle.

From the above, it can easily be seen that according
to the law of inheritance of the Qur'an, Children of the deceased are to share in the
balance of the property and assets according to the specified principle, after the shares
of the first category of inheritors has been given.

4- Verse 176 states:

…if a
man dies childless and he has only a sister, she shall inherit half of what he leaves; and
if she dies childless, then her brother shall be her heir; and if their are two
sisters, they shall inherit two-thirds of what he [or she] leaves. If there are many
brothers and sisters, the share of each male should be that of two females…

If we compare the shares of the brothers and sisters
of the deceased (if he dies childless) as given in verse 176 with that of the deceased's
children (if he had any) given in verse 11, we can easily see that in verse 176, the share
of sons has been replaced by that of brothers and the share of daughters by that of
sisters. In other words, we may say that in the absence of children, the brothers and
sisters of the deceased take the place of his sons and daughters, with regards to the
share in the property and assets of the deceased.

The words describing the shares of the brothers and
sisters of the deceased (in case he dies childless) in verse 176 are also quite similar to
those describing the shares of his sons and daughters in verse 11. We can therefore safely
say that in the absence of the deceased's children, after the property and assets of the
deceased have been distributed among the inheritors of the first category, the balance of
his inheritance shall be distributed among his/her brothers and sisters.

5- From the Explanatory Notes 3 and 4, it may be summed
up that after the shares of the first category of inheritors have been given, the balance
of the property and assets of the deceased is to be distributed among his children,
according to the principle that each male gets double the share of each female. In the
absence of the deceased's children, this balance is to be distributed among his brothers
and sisters, according to the same male/female proportion. Now, the question is what will
happen to this balance, in case the deceased has neither children nor brothers and/or
sisters. The Qur'an says that in such a case, the parents, who originally were inheritors
of the first category, will now take the balance of property and assets of the deceased
and thus, in this case, become inheritors of the second category:

…if
the deceased has children, the parents shall inherit a sixth each, and if he has no
children and the parents are his heirs then his mother shall receive a third, and if he
has brothers and sisters then the mother's share is the same one-sixth…

As is clear from this portion of the verse, the share
of the parents is one-sixth each, if the deceased has any children or, in the absence of
children, any brothers and sisters. But if the deceased has neither children nor brothers
and/or sisters then the parents are the heirs. Thus, after the share of the deceased's
spouse has been given, the remainder shall be given to the parents. This is the obvious
implication of the following portion of the referred verse:

…if he
has no children and the parents are his heirs then his mother shall receive a third…

6- The Qur'an says:

The share of parents in case the deceased has any
children is quite obvious (i.e., one-sixth each). In case a person dies childless but has
any brothers and/or sisters the mother's share is given in this verse to be one-sixth, but
the father's share is not mentioned here. Thus, someone may ask: what shall be the share
of the deceased's father in such a case?

The father's share, in this case, like that of the
mother, is also returned to its original amount (i.e., what his share would have been if
the deceased had any children). Thus, the father's share shall also be one-sixth. This is
also supported by the directive of verse 176, from which it is quite clear that in the
absence of the deceased's children, his/her brothers and sisters shall be treated exactly
like his/her children. Thus, the share of parents, mother and father, of a childless
deceased, in the presence of his/her brothers and/or sisters is the same as it would have
been if he had any children.

7- According to the Qur'an:

8- The sentence: “Allah
enjoins you about [the share of inheritance of] your children” is a prelude to the
sentence: “A male's share shall equal that of two females”.

Had this commandment ended on the words “A male's share shall equal
that of two females”, then it would have meant:

If the children of a deceased
are only a boy and a girl then the boy shall receive twice as much as the girl.
If there are more than one boy
and one girl, then the inheritance shall be divided among them in a manner that each boy
receives twice the share of a girl.
If there are only boys or only girls then they shall be the
inheritors of the whole.

The third case is also, quite
evidently, an essential outcome of the style and pattern of the verse. For example, if someone says: “This money is to be
distributed among beggars and a male beggar is to be given twice the amount given to a
female beggar”, it would simply mean that the money is actually meant for the
beggars; whether the beggars are only male, only female or a combination of the two, all
the money shall be distributed among them.

But the directive of the Qur'an
does not end here; an exception immediately follows, thereby amending it.

The sentence: “in case
there are only daughters: more than two shall have two-thirds of what has been left behind
[as inheritance]” is an exception to the words: “A male's share shall equal that
of two females”. Now the whole sentence, including the exception, means that if among
the children of the deceased there are only girls, whether two or more, then their share
shall be two-thirds of the total inheritance. The words: “And if there be only one
daughter, her share shall be half [of what is left behind as inheritance]” are
co-ordinated to this exception by the copulative “and”, and thus do not form an
independent clause.

It may be noted here that we
have taken the words of the Qur'an: “more than two shall have two-thirds” to
stand for “two or more than two daughters”. The reason is that the words:
“two or” have been suppressed before the words “more than two”. This
suppression is due to the style and pattern of the Qur'anic language. If closely observed,
it shall be seen that the share of daughters in the verse are stated in the descending
order. Now, if it was desired to mention the share of two girls separately, even though it
was the same as that of more than two girls, there could only have been two possible
constructions for the particular sentence:

two or more than two shall have
two-thirds of what has been left…; or
more than two or two shall have
two-thirds of what has been left…

if the choice was made in
favor of the first sentence, it would have spoiled the descending order of the
description; while the second sentence would have meant non-idiomatic Arabic, just as the
translation is non-idiomatic English.

Thus, the Qur'an which is
neither willing to sacrifice the style and quality of its language nor likes to do away
with the logical sequence of its commandments has suppressed the words: “two or”
in the said verse. However, this suppression has not created any confusion whatsoever. It
is quite obvious that the referred verse implies that if a person dies leaving behind two
or more daughters, his inheritance shall be distributed in all his daughters, whether they
are two or more than two, in such a way that each girl gets an equal share of the
two-thirds of the total inheritable property.

This fact is further
substantiated by verse 176. A close analysis of verse 176 shows that it has prescribed
exactly the same shares for the brothers and sisters of the deceased (in case he dies
childless) and exactly the same rules for such distribution, as had already been
prescribed for the sons and daughters of the deceased (if he had any children) in verse
11. The only difference is that in verse 176 the Qur'an has described these shares in the
ascending order. A combined study of the two referred verses, not only helps in filling in
the blanks of these verses, if they are studied independently but also gives the careful
reader an idea of the style of the Qur'anic language. The relevant portions of the two
verses has been reproduced below for a quick reference.

Verse 11 states: “Allah
enjoins you about [the share of inheritance of] your children: A male's share shall equal
that of two females - in case there are only daughters [who inherit]: [two or] more than
two shall have two-thirds of what has been left behind [as inheritance]. And if there be
only one daughter, her share shall be half [of what is left behind as inheritance]”

Verse 176 states: “Allah
enjoins you about your kalalah heirs that if a man dies childless and he has only a
sister, she shall inherit half of what he leaves; and if she dies childless, then
her brother shall be her heir; and if their are two sisters, they shall inherit two-thirds
of what he [or she] leaves. If there are many brothers and sisters, the share of each male
should be that of two females.

The common points in these
verses are:

if there are males as well as
females, a male's share shall equal that of two females
the share of one sister, if she
is alone, is the same as that of one daughter, if she is alone

Besides these two common
points another important commonality in the two situations is that the share of the
parents of the deceased is the same (one-sixth), i.e., in case a person who has some
children dies, and his parents are alive, the share of his parents shall be one-sixth.
Again, his parents would get the same share if the person dies childless but has some
brothers and sisters. Whereas, if neither of the two (i.e., brothers/sisters or
sons/daughters) exist then the share of the parents shall be different.

These three common features
point to the fact that in case a person dies childless, his brothers and sisters
substitute his children, with regards to their prescribed shares in their inheritance.

Keeping this in mind, all the
blanks (if any) of the two referred verses can be easily filled. For instance:

On the basis of verse 11, we may
say that if there are more than two sisters, they shall have equal shares of two-thirds of
the inheritable property (although this is quite obvious if verse 176 is read with care
independent of verse 11).
On the basis of verse 176, we
may say that if there are two daughters, they shall have equal shares of two-thirds of the
inheritable property (although this is also quite obvious if verse 11 is read with care
independent of verse 176).
On the basis of verse 176, we
may say that if there is only one son, he shall get the whole inheritable property (this
again is quite obvious in verse 11, even if it is read independent of verse 176, as has
been shown in the illustration of “distribution
of money among beggars “
above.)

9- According to the Qur'an:

…if he
has no children and the parents are his heirs then his mother shall receive a third…

One may ask: what shall be the share of the father in
such a case. A close look at the above sentence shall itself provide an answer. If someone
says: “This money is to be given to Mr. A and Mr. B; Mr. A should get a quarter of
it”, it would obviously mean that the remainder three-fourths is for Mr. B. By
the same token, when the Qur'an says: “if the deceased's parents (A and B) are his
only heirs, then the mother (A) shall receive a third”, it obviously means that the
father (B) shall receive the remaining two-thirds.

10- For instance, a person may say that besides the
stipulated shares of his parents (one-sixth each) and his wife (one-eighth) he wants
one-eighth of his property and assets to be given to one of his brothers or sisters (in
the presence of children), or an aunt or an uncle.

11- For instance, a person who has no children,
brothers and/or sisters or parents may leave his property and assets to any of his aunts,
uncles or cousins.

12- There can be some instances where the total
property and assets of the deceased are not distributed after all the inheritors have been
given their specified share of inheritance. Some of these instances are as under:

Where a person
has one or more daughters but no sons - in this case half or one-third of the balance of
the property and assets of the deceased, after giving the shares of the inheritors of the
first category may remain undistributed.
Where a childless person has one or more sisters but
no brothers - in this case half or one-third of the balance of the property and assets of
the deceased, after giving the shares of the inheritors of the first category may remain
undistributed.
Where a childless person who has no brother or sister
has either of two parents - in this case one-third (if he has a father but no mother) or
two-thirds (if he has a mother but no father) of the balance of the property and assets of
the deceased, after giving the shares of the inheritors of the first category may remain
undistributed.

In any of these instances, a person may nominate any
of his relatives to take the remaining part of his property and assets.

13- The Prophet (pbuh) is reported to have said:

“God has granted every
heir his right, so no bequest can be made in favor of an heir”. (Tirmadee,
Kitabu'l-Wasaya, Chapter 5)

14- The Qur'an says:

…And
if a man or a woman is made an heir on account of his [or her] kalalah relationship
[with the deceased] and he [or she] has one brother or sister, the brother and sister
shall each receive a sixth and if they be more than two, they shall then share in
one-third…

**- The explanation of
the law is based on the researh of my teacher, Javed Ahmad Ghamidi

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