78 chapter two
Third: Inheritance law
Contrary to other inheritance systems where the estate of the deceased
might be passed on to the older male of the family, or the deceased’s
will might be enforced on all his estate, the Islamic inheritance law
gives all relatives, males and females, a share in the estate. As for
the deceased’s will, this cannot be enforced beyond the third of the
estate unless all heirs agree to it unanimously. The Qur"ànic verses,
elaborated upon by the Sunnah, have determined that precisely.
Although the verses that deal with the rules of inheritance might
seem rather lengthy, they are worth quoting to summarise the whole
picture. The Qur"àn stipulates as a general rule, “Men shall have a
share in what their parents and kinsmen leave; and women shall
have a share in what their parents and kinsmen leave; whether it
be little or much, they are legally entitled to their share” (Qur"àn,
4:7). The orphans and the needy might also be given a voluntary
share “If relatives, orphans, or needy (men and women) are present
at the division of an inheritance, give them, too, a share of it, and
speak to them kind words”, think if your own children were left
orphan and weak, what would you feel?, “Let those who are solic-
itous about the welfare of their young children after their own death
take care not to wrong orphans. Let them fear God and speak for
justice. Those that devour the property of the orphans unjustly swal-
low fire into their bellies; they shall burn in the flames of Hell”
(Qur"àn, 4:8–10).
The shares of inheritor children and parents are determined as,
“God has enjoined you concerning your children: a male shall inherit
twice as much as a female. If there be more than two girls, they
shall have two-thirds of the inheritance; but if there be one only,
she shall inherit the half. Parents shall inherit a sixth each, if the
deceased have a child; but if he leaves no children and his parents
are his heirs, his mother shall have a third. If he has two brothers,
his mother shall have a sixth; (the distribution in all cases is) after
the payment of his debt and any legacies he may have bequeathed.
You may wonder whether your parents or your children are more
beneficial to you. But this is the law of God; He is wise and all-
knowing” (Qur"àn, 4:11).
As for the inheritance between spouses, the Qur"àn continues to
stipulate, “You shall inherit the half of your wives’ estate if they die
childless. If they leave a child (children), a quarter of their estate
shall be yours, (all) after payment of their debts and any legacies