The Division of Inheritance, Piety, and Us
The Muslim society of the Indian subcontinent often has a peculiar approach to religiousness. Here's an interesting anecdote:
There was a man, resembling a cleric, who would frequently visit Dr. Allama Iqbal. During each visit, he would remind Iqbal of how greatly he had served Islam, and how deeply he loved the Prophet Muhammad ï·º. However, the man expressed disappointment over one matter: Iqbal did not have a beard. He would say, “If you grew a beard, you’d fulfill the Sunnah and become a complete representative of Islam.”
Iqbal would brush off these suggestions. What made the situation ironic was that the same man was seeking Iqbal’s help in court to deprive his sisters of their rightful share of inheritance from their father’s estate. Iqbal, having grown tired of the man’s constant advice, eventually told him, “Look, I have missed one Sunnah, but you are betraying a Fard (obligation). Why don’t you fulfill your duty by giving your sisters their rightful share, and I’ll grow a beard?”
The man was speechless and never returned to Iqbal.
The division of inheritance is clearly outlined in the Qur'an. Allah has legislated it with clear instructions. However, our society often finds numerous ways to evade these rules.
Inheritance is generally not distributed immediately after death. People often say, “What will people think? He has just died, and you are already after his wealth?” SubhanAllah! When he was alive, it was his wealth. After his death, it belongs to the heirs, so why shouldn’t it be distributed?
Shariah requires that after the deceased’s funeral expenses, debts, and any valid wills are fulfilled, the inheritance should be divided. Why is this seen as something disgraceful? Moreover, any will that harms a rightful heir is invalid.
This principle is emphasized in a hadith:
Why do people go to Hell?
Abu Huraira (RA) narrated that the Messenger of Allah ï·º said:
“Indeed, a man or woman can worship Allah and perform good deeds for 60 years. But when death approaches, they harm others in their will, and so the fire of Hell becomes obligatory for them.”
Abu Huraira then recited the verse:
“After payment of legacies he or she may have bequeathed or debts, so that no loss is caused (to any heir)....” [Mishkat al-Masabih, 3075]
Despite this clear warning, many daughters are denied their rightful share, often under various pretexts. Some might leave their rights out of fear of family tension or societal pressure, but this injustice cannot be justified.
Daughters may surrender their inheritance to their brothers, hoping for kindness in return, but often they are met with neglect. Even when they ask for their share, they are labeled as greedy, rebellious, or disrespectful.
Our society fails to recognize that even the smallest possession of the deceased must be accounted for and distributed justly. Anyone who violates these rights is defying Shariah and will find no support from Allah. They may get away with it in this world, but they will face the consequences in the hereafter.
The Prophet ï·º said that anyone who deprives an heir of their rightful share in this world will be deprived of their share in Paradise. The decision lies with those fathers and brothers who commit this injustice—whether they prefer the fleeting pleasures of this world or the eternal inheritance of the hereafter.
Parents often partake in this injustice. Fathers, before their death, might leave everything to their sons and say, “I won’t give anything to my daughters.” Mothers might say to their daughters, “Always keep a place for yourself in your brothers' home.”
Why do such words only apply to daughters, not sons? Why are daughters deprived of their rights to favor the sons?
This is a great loss for parents—compromising their afterlife for the temporary comfort of one child. Later, when the son inherits everything, he might say, “I didn’t take this by force; my father gave it to me. If anyone has a problem, they should ask him, not me. I’m clear.”
But who really loses here? The parents lose out, and so does the son who justifies the injustice.
We must reflect on this issue. To ease one child’s worldly life, should we destroy our own afterlife? Remember, every single detail will be accounted for.
Yet, in our so-called "pious" society, why do we forget this? Some people even boast, “We gave our sister her share.” Brother, you didn’t give her anything; it was her right by Allah’s law. Who are you to give or withhold?
In many cases, women don’t even realize they have been deprived of their rightful inheritance. And it is distressing that scholars often remain silent on this issue. Why don’t our religious leaders speak about inheritance in their Friday sermons? Why don’t they teach the community about this obligation?
The Prophet ï·º said, “The first knowledge to be taken away from this world will be the knowledge of inheritance, and there will be no one left to teach or judge disputes about it.”
Today, we see this prophecy being fulfilled. Inheritance disputes are common, but few people understand or respect the Shariah rules.
Once, during a conversation on this topic, my wife said, “I won’t ask my brothers for my share.” I replied, “That’s great! But it's not just you; I won’t ask my brothers for my share either.” She stared at me, confused.
Islamically, marriage is a contract that can be dissolved, and a woman does not inherit from her ex-husband after divorce. If parents deprive her of her rightful inheritance, where will she go?
It is time to change this mindset. Parents must instruct their children before they die: “After I die, distribute the inheritance according to Shariah, and take your rightful share.”
It is important to remember that maintaining family ties (silah rahmi) is both a religious and ethical obligation. Anyone who fails in this duty will face strict accountability before Allah.
Allah has prescribed shares for heirs, and He has also commanded us to uphold family ties. Therefore, the inheritance should be distributed justly, while family bonds should be maintained.
May Allah guide us to fulfill our duties.
Ameen.