Wednesday, December 4, 2024

The Rightful Share: Understanding Islamic Inheritance Laws

   
                             Islamic Inheritance Laws

The Favorite Dish of Pakistani Men: Eating Away the Share of Sisters, Wives, Mothers, and Brothers

We live in a society where sisters are forced to give up their rightful share of inheritance to prove their love for their brothers. When a heir demands their share, it becomes obligatory to divide the inheritance and give them their due share. Delaying this without a valid reason is considered a sin, and the person is considered unjust, as stated in the Hadith.

Initial Steps for Distributing Inheritance
Before distributing inheritance among immediate family members, the following steps must be taken:
  1. Settlement of Funeral Expenses: All burial service-related costs and other expenses, such as grave costs, should be deducted from the inheritance.
  2. Repayment of Debts: If the deceased had taken a loan from someone, it must be repaid from the inheritance.
  3. Consideration of the Deceased's Wishes: After settling debts and expenses, the deceased's wishes regarding the distribution of their inheritance will be considered. Up to one-third of the inheritance can be distributed according to their wishes.
Distribution of Inheritance
The remaining inheritance will be distributed among family members as follows:
  • Mother's Share: The mother will receive one-sixth of the inheritance. 
    • Father's Share: The father will receive one-sixth of the inheritance. 
  • Wife's Share: If there are multiple wives, each will receive one-eighth portion.
  • Children's Share: The remaining inheritance will be distributed among the children, with sons receiving two portions and daughters receiving one portion.
  • No Sons, One Daughter: If there are no sons and only one daughter, she will receive half of the inheritance, and the remaining half will go to the father.
  • No Sons, Two Daughters: If there are no sons and two daughters, they will receive two-thirds of the inheritance, and the remaining one portion will go to the father.
Special Cases
  • Wife's Death: If the wife dies, her husband will receive one-quarter of the inheritance if they have children. If they have no children, the father will receive one-half of the inheritance, and the remaining one-half will go to the parents.
  • Father's Death: If the father dies, the wife will receive one-quarter of the inheritance instead of one-eighth if there are no children.
  • Inheritance of Grandfather: If a person dies, their father will be eligible to receive inheritance. If the father is not alive, the grandfather will receive the inheritance. 
Islamic Inheritance Laws


The Hadith also warns against depriving an heir of their rightful share, stating that such a person will be punished on the Day of Judgment. Another Hadith states that whoever usurps someone's property unjustly will have that property hung around their neck on the Day of Judgment.

Similarly, the Hadith emphasizes the importance of making amends for past wrongs, stating that whoever has wronged someone should seek forgiveness before it's too late. On the Day of Judgment, if the wrongdoer has no good deeds to their credit, they will be punished, and their sins will be transferred to the person who was wronged.

In another Hadith, the Prophet (PBUH) is reported to have said that the bankrupt person is not one who has no money or possessions, but rather one who comes on the Day of Judgment with prayers, fasting, and charity, but has also insulted someone, slandered someone, taken someone's property, shed someone's blood, or beaten someone. Their good deeds will be taken away and given to those who were wronged, and if their good deeds are exhausted before their wrongdoings are accounted for, the sins of those who were wronged will be transferred to the wrongdoer, and they will be thrown into the fire.


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