Verses of Inheritance
The Verses of Inheritance (Arabic: آيات الإرث) or the Verses of Mīrāth (Arabic: آيات الميراث) are verses of the Qur'an that refer directly or indirectly to the issue of inheritance. In these verses, derivatives of the word "irth" (inheritance) are most frequently used; some address the rulings of inheritance, while others address its other aspects. The discussions of inheritance are also referred to as the science of obligations.
Thematic Classification of Inheritance in the Qur'an
In the Qur'an, numerous verses directly and indirectly address the issue of inheritance and heirs. Among these, derivatives of the word "irth" has the most usage. The root of the word "irth" is used 35 times in the Qur'an in the form of 25 derivatives, across 20 suras and 33 verses. These verses have approached the subject of inheritance from three perspectives: theological, ethical, and jurisprudential.
Theological Topics
Although the word "irth" in the Qur'an is mostly used to express the rulings of inheritance, derivatives of this word are also seen in verses that raise theological issues; such as God being the heir of the heavens and the earth Qur'an 3:180 and Qur'an 19:40, the heir of destroyed people, disbelievers, and the dead Qur'an 7:100, Qur'an 19:80 and Qur'an 28:58, and the best of heirs Qur'an 21:89. Also, believers have inherited the land and property of the arrogant Qur'an 44:28, the oppressed will be the heirs of the earth Qur'an 28:5, and finally, Paradise is the inheritance of the righteous Qur'an 43:72.
Ethics and Recommendations of Inheritance
- The ruling of inheritance is an obligatory duty (farīḍa): Qur'an 4:7-11.
- If at the time of division of inheritance, relatives, orphans, and the needy (who are not heirs) are present, something should be given to them and they should be spoken to kindly: Qur'an 4:8.
- Those who are concerned about their own weak children after death should also fear God (have Taqwa): Qur'an 4:9.
- Those who consume the property (inheritance) of orphans will be seized by the punishment of Hell: Qur'an 4:10.
- Providing for the wife and nursing child of the deceased is upon the heir: Qur'an 2:233.
Rulings of Inheritance
The major part of the verses of inheritance deals with its rulings. In these verses, the method of dividing inheritance in Islam was legislated for the first time, and a specific allocation of shares was presented. The double share of the son compared to the daughter's share, in line with the family financial system in Islam, is one of the features of inheritance rulings in Islam mentioned in these verses.
Also, the principle of inheritance and specific cases such as Kalala (relatives other than parents and children) are discussed in the verses of inheritance. These verses, like other Ayat al-Ahkam, were not in the position of stating all cases and details of inheritance rulings; therefore, one must refer to the science of Fiqh and Hadith for the ruling of the remaining cases.
The Qur'an in verses 7 and 11 of Sura al-Nisa, explicitly states: "Men and women have a share in what parents and close relatives leave, whether it be little or much, and this is an obligatory share."
Another point emphasized by the Qur'an in Sura al-Nisa, verses 11 and 12, is that the division of inheritance according to the method it presents applies after the specific will of the deceased and their debts have been considered.
| Heir | Ruling | Verse | Chart | Chart of heirs' shares based on Qur'anic verses |
|---|---|---|---|---|
| Men and Women | The share of the male is twice that of the female | Nisa 11 | 1 |  |
| Three daughters or more | If the heirs of a deceased are three daughters or more, their share is two-thirds of the inheritance | Nisa 11 | 2 | |
| Only daughter | If the deceased has only one daughter, half of the inheritance goes to her | Nisa 11 | 3 | |
| Father and Mother | If the deceased has children and their parents are alive, the share of each of them is one-sixth of the inheritance | Nisa 11 | 4 | |
| Mother | If the deceased has no children and their parents are alive, the mother's share is one-third of the inheritance (provided the deceased has no brothers) | Nisa 11 | 5 | |
| Mother | If the deceased has no children and their parents are alive, the mother's share is one-sixth of the inheritance (provided the deceased has brothers) | Nisa 11 | 6 | |
| Husband | The husband's share from his wife is one-half of the estate (provided the wife has no children) | Nisa 12 | 7 | |
| Husband | The husband's share from his wife is one-fourth of the estate (provided the wife has children) | Nisa 12 | 8 | |
| Wife from Husband | The wife's share from her husband is one-fourth of the estate (provided the man has no children) | Nisa 12 | 9 | |
| Wife from Husband | The wife's share from her husband is one-eighth of the estate (provided the man has children) | Nisa 12 | 10 | |
| Single Brother (Kalāla) | If the Kalala has one brother (paternal), he takes the entire inheritance | Nisa 176 | 11 | |
| Single Paternal Sister (Kalāla) | If the Kalala has one sister (paternal), she takes half of the inheritance | Nisa 176 | 12 | |
| Two Paternal Sisters (Kalāla) | If the Kalala has two sisters (paternal), they take two-thirds of the inheritance | Nisa 176 | 13 | |
| Paternal Brothers and Sisters (Kalāla) | If the Kalala has several brothers and sisters (paternal), the male takes twice the share of the female | Nisa 176 | 14 | |
| One or Two Maternal Brothers/Sisters (Kalāla) | If the Kalala has one or two brothers and sisters (maternal), each takes one-sixth of the inheritance | Nisa 12 | 15 | |
| Three or More Maternal Brothers and Sisters (Kalāla) | If the Kalala has three or more brothers and sisters (maternal), they collectively share one-third of the inheritance | Nisa 12 | 16 |
Table of Inheritance Shares
The mathematical ratio of individuals' inheritance shares mentioned in the Qur'an is as follows:
| Share | Heirs | Chart |
|---|---|---|
| 1 | Single brother from Kalāla | 11 |
| ½ | Only daughter, husband from wife with no children, single sister from Kalāla | 3, 7, 12 |
| ⅓ | Mother from a child who has no brothers or children, brothers and sisters (maternal) of Kalāla | 5, 16 |
| ¼ | Husband from his wife who has children, wife from her husband who has no children | 8, 9 |
| ⅙ | Each of the father and mother from a child who has children, mother from a child who has no children but has brothers, single sister and single brother (maternal) of Kalāla | 4, 6, 15 |
| ⅛ | Wife from a husband who has children | 10 |
| ⅔ | Three daughters or more, two sisters (paternal) of Kalāla | 2, 3 |
- According to Shi'a jurisprudence, the difference in the amount of Kalala's inheritance in verse 12 and verse 176 of Sura al-Nisa relates to the difference between the inheritance of maternal siblings versus paternal or full siblings.[2][3]
See Also
Notes
References
- Ḥillī, Najm al-Dīn al-. Sharāʾiʿ al-Islām fī masāʾil al-ḥalāl wa al-ḥarām. Tehran, Istiqlāl, 1409 AH.
- Khumaynī, Rūḥ Allāh al-. Taḥrīr al-wasīla. Tehran, Muʾassasa-yi Tanẓīm wa Nashr-i Āthār-i Imām Khumaynī, n.d.
- Muqaddas Ardabilī, Aḥmad b. Muḥammad al-. Zubdat al-bayān fī aḥkām al-Qurʾān. Tehran, Maktabat al-Murtaḍawiyya, n.d.