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Fiqh of Inheritance

July 24, 2007

I was re-reading through some of my old notes from fiqh of inheritance, or ‘ilm al-faraid as it’s known.  Rasul Allah (صلى الله عليه وسلم) was reported to have said that the first branch of knowledge to be taken away from the ummah will be ‘ilmul faraid.  He (صلى الله عليه وسلم) also said “learn it (laws pertaining to inheritance) and teach it for it is half of knowledge”. Most of the fiqh is based on certain ayaat from the Quran (Surah al-Nisa mostly).  The actual fractions are stipulated in the text of the Quran!  This illustrates the importance of following the laws of inheritance, many families quarrel over this and unfair distribution sometimes leads to the break up of families. 

Going through my notes I recalled something our teacher told us.  There is much wisdom to be taken from this neglected science of the deen.  The inheritors of the deceased receive a fixed portion of the wealth left behind.  The portion depends on factors such as if there are children left behind or the number of siblings the deceased has etc. 

Our teacher pointed out we should know that everything we think we own in reality does not belong to us, after we die they are passed down to others, and when they die it gets passed to others and so on.  We don’t even choose who inherits or how much they get, Allah subhana wa ta’ala decides.  

All our possessions (including our body) are like loans given to us by Allah. Loans should be utilised to make a profit or gain.  Unlike most bank managers Allah tells us exactly how we should use our loan and guarantees success for us if we follow His guidelines. 

Wa Allahu a’lam.

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