2016
NIGERIAN SENATE’S MOVE AGAINST
ISLAMIC SHARIA LAW OF INHERITANCE
(SENATE ‘REWORKED’ GENDER
EQUALITY BILL AND GOT SECOND READING IN NIGERIAN SENATE)
ASSEMBLED BY ABBA ABANA, KUBWA, ABUJA, NIGERIA
http://variousislamicdawadocuments.blogspot.com
Emails:gonidamgamiri@yahoo.com;
abba.abana@gmail.com
M-Tel
+2348023746371 (Only SMS),
Friday 13 Al- Muharram 1438 – 14th October 2016
WHAT THEN IS
‘’RULES
OF INHERITANCE AND GUIDELINES ON WILLS(WASIYYA) IN ISLAM?’’
IN ACCORDANCE WITH HOLY QURAN AND SUNNAH
Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah.
As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu
In the
Name of Allah, the Most Gracious, and the Most Merciful
Alhamdulillah. Indeed, all praise is due to
Allah. We praise Him and seek His help and forgiveness. We seek refuge with
Allah from the evil within ourselves and from our wrongdoings. He whom Allah
guides, no one can misguide; and he whom He misguides, no one can guide.
I bear witness that there is no (true) god
except Allah - alone without a partner, and I bear witness that Muhammad Peace
and blessings of Allah be upon him’ is His ‘abd (servant) and Messenger.
“O you
who have believe! Revere Allah the right reverence, and do not die except as
Muslims.” (Ali-Imraan, 3:102).
“O
people! Revere your Lord who has created you from a single soul, created from
it its mate, and dispersed from both of them many men and women. Revere Allah
through whom you demand things from one another; and (cherish the ties of) the
wombs, indeed, Allah is ever-Watchful over you.” (An-Nisaa’, 4:1).
“O you
who have believe! Revere Allah and say fair words. He will then rectify your
deeds and forgive your sins. He who obeys Allah and His Messenger have
certainly achieved a great victory.”(Al-Ahzaab, 33:70 -71).
Indeed, the best speech is Allah’s (Subhanahu Wa
Taala) Book and the best guidance is Muhammad’s Peace and blessings of Allah be
upon him’ guidance. The worst affairs (of religion) are those innovated (by
people), for every such innovation is an act of misguidance leading to the
Fire.
Contents
Background Information
Senate
‘Reworked’ Gender Equality Bill and got second reading in Nigerian Senate
Gender Equality Bill ‘will be reintroduced’ – Saraki
Nigeria: Senate's Move Against Sharia Law of
Inheritance
Nigerian
Senate rejects bill seeking gender equality in marriage
Nigerian civic groups reject gender equality bill
Senators fear Gender Equality Bill will turn women to prostitutes,
lesbians –Senator Abaribe
Violation of Rules
of Inheritance In Islam
Chapter one
The Bill under
Reference Regarded Men and Women As Equal
Chapter Two
The
Bill Failed To Consider Inheritance from Non-Muslim Children/Parents
Chapter Three
Implication
of Man-Made Systems Implementation Over And Above the Creator of the Heavens
and the Earth’s Laws
Chapter Four
Proportion
of Inheritance According To Islamic Sharia Law
There
Are Four Means of Inheritance
Disentitlement
Of Inheritance
How Is The Wealth Of The Dead
Distributed According To Shariah?
Wealth Distribution According To Shariah If A Person Dies And Leave Behind Wife?
Wealth Distribution According To Shariah If A Person Dies And Leave Behind Husband?
Wealth Distribution According To Shariah
If A Person Dies And Leave Behind Sons And Daughters?
Wealth Distribution According To Shariah F A Person Dies And Leave Behind Father And Mother?
Chapter FIVE
Guidelines on Preparing A ‘Will’ And Testament Islamically
Chapter Six
Question and Answer Session On Sharia Law Of
Inheritance
Denying Inheritance To Unworthy Offspring
Chapter Seven
CONCLUSION:
Conclusion
References
Background
information
Nigerian Senate, Highest Chamber, passed second reading on Islamic
Shariah Inheritance Law. I don’t have the modified or reworked copy but
the initial bill is accessible here: http://www.aacoalition.org/images/Gender_and_Equal_Opportunities_Bill_National.pdf
Senate ‘Reworked’ Gender Equality Bill and
got second reading in Nigerian Senate
A bill seeking to
enthrone gender equality by combating discrimination against women has passed
the second reading in the Senate, five months after it was rejected.
The bill, sponsored
by Biodun Olujimi, is titled “A bill for an Act to Incorporate and enforce
certain provisions of the United Nations Convention on the elimination of all
forms of discrimination against women, the Protocol of the African Charter on
Human and People’s Rights on the rights of women in Africa, and other matters
connected therewith, 2016 (SB. 301)”.
It first came up for
consideration in March, as Senate Bill 116, but failed to scale second reading.
Sani Yerima
(APC-Zamfara), a known opponent of reforms seeking to promote women’s rights,
led the onslaught against the legislation.
He was backed by
Adamu Aliero (APC-Kebbi), and Immanuel Bwacha (PDP-Taraba). They argued that
the Nigerian constitution already established the rights of all persons,
including women.
Mr. Bwacha said he
was drawing perspectives from the Bible and history in opposing the bill.
“It has been
re-engineered to suit everyone,” Mrs. Olujimi said on Thursday, assuring his
colleagues when the bill came up for consideration.
The bill, Mrs.
Olujimi said, sought to eliminate all forms of discrimination against women.
She said the bill would guarantee equal opportunity, development advancement
for all Nigerian citizens irrespective of gender.
The bill will also
promote girls’ access to education, freedom for women to participate in any
economic activity and their right to freedom sexual abuse, and violence in
public and domestic spaces.
Olufemi Tinubu
(APC-Lagos) and Binta Garba (APC-Adamawa), expressed their support for the bill
as they did when it was first introduced.
Mrs. Tinubu said the
bill was important not only for today but also for future generations.
“Women are partners
in progress; we are not trying to fight men,” said Mrs. Garba.
Senate Whip, Olusola
Adeyeye (APC-Osun), also expressed support for the bill.
“Of all forms of
discriminations, the worst is gender discrimination,” Mr. Adeyeye argued. He
said there should be “gender character” as there is federal character
principle.
No senator spoke
against the bill. It was referred to the committee on Judiciary, Human Rights
and Legal Matters headed by David Umaru (APC-Niger).
End quote:
http://www.premiumtimesng.com/news/more-news/211677-reworked-gender-equality-bill-gets-second-reading-nigerian-senate.html
End quote: http://www.onigeria.com/news/126625.html
Gender Equality Bill ‘will be reintroduced’ – Senate President, Bukola Saraki
Senate President
Bukola Saraki has advised Nigerian women to re-introduce the Gender Equality
Bill, which was turned down by the National Assembly on Tuesday.
This is contained in a
statement signed by Fatima Kakuri, Special Assistant on Gender and Equality to
the President of the Senate and made available to the News Agency of Nigeria
(NAN) on Wednesday in Abuja.
The bill seeking
gender equality, sponsored by the Deputy Minority Whip of the Senate, Biodun
Olujimi, was rejected by the Senate over alleged constitutional violations.
Mr. Saraki said
although the bill had suffered setback, it could still be amended and
re-introduced.
“Unfortunately, the
bill suffered a slight setback because there were some parts of the bill that
some senators disagreed with along the lines of religion and tradition.
“The beauty of
democracy is that it gives us the opportunity to consider different opinions
and this bill can still be represented and reconsidered on the floor of the
Senate.
“I have it on good
authority that Sen. Biodun Olujimi, who introduced this bill, will reintroduce
it after re-drafting it to address some of the reservations that were expressed
on the floor of the Senate.
“As I said during the
International Women’s Day last week, I am of the opinion that there are
substantial parts of the bill that are crucial to the development of our
nation.
End quote: Sourcs: http://www.premiumtimesng.com/news/top-news/200243-gender-equality-bill-will-reintroduced-saraki.html
Nigeria: Senate's
Move Against Sharia Law of Inheritance
opinion
By Muhammad Mahmud
The Nigerian Muslims were taken aback when a bill titled
"Gender Parity and
Prohibition of Violence against Women," presented by
Senator Abiodun Olujimi, representing Ekiti south, scaled through a second
reading.
Before criticizing the effrontery of the senators who chose to
insult the close to a hundred million Nigerian Muslims, by seeking to repeal
the Sharia Law of inheritance, in their apparent bid to put to end the
humiliation and degradation their women have been subjected and inured to (but
which we have no hand in), we must, first, query and grill our own senators who
pusillanimously and/or foolishly watched as their colleagues seek to quash
verse 11 of Chapter IV and other related verses of the Book of Allah which has
been in practice for centuries in the north.
One wonders whether the Muslim senators, with the exception of
the few who opposed the bill, grasped what was discussed during the first and
second readings of the bill, (that is if they even attended the sittings on
those days). And if they actually comprehended what was discussed but decided
(on our behalf) to let the bill scale the second reading, they have no business
representing us.
Don't waste your time pontificating, the senators are there to
represent us and various components of our societies (culture and religion
included) and ensure that we, the electorates, and our interests are
represented, promoted and guarded against any form of intrusion, and so on.
Therefore, any misrepresentation on whatever interest of ours should get
proportional reaction(s) and should not be taken lightly by those who are
supposed to care.
Recall that,
according to Thisday newspaper of 30th September 2016, "the bill, (which
initially) had provided that enabling women should have equal rights with men
in marriages, divorce, property ownership and inheritance...," was earlier
this year rejected by the senators on many grounds amongst which was religion.
Late last month, the
sponsor of the bill re-presented it after some modifications, and according to
the Daily Trust newspaper "a copy of the draft law specifically stated
that women and men shall have the right to inherit, in equitable shares, their
parents properties."
This is the main crux
of the matter. In Qur'an, Allah (The Exalted) made it categorically clear that
females should take half of what males will get when it comes to children
inheriting their parents. "Allah instructs you concerning your children:
for the male, what is equal to the share of two females." This has been in
practice for centuries in the north.
Therefore, for the
senate to attempt enacting laws that goes directly on collision with the Laws
of Allah, which has been codified in the Nigerian laws, been practiced in the
country and recognised by the constitution of the federal republic of Nigeria,
they are not only creating avoidable chaos but inviting unnecessary confusion
in the framework of the Nigerian judicial system. Most of the wordings in the
bill provided ample ambiguities that could spark series of judicial
irregularities especially in areas where a formidable law of inheritance is in
practice.
Muslims have no
objection to the move by the southern senators to end the humiliation their
women have been subjected to, especially when their husbands die. Our senators
should encourage them.
It is unacceptable,
for instance, that while Muslim women stands the chance to inherit thousands or
millions of naira when their husbands die, as the case might be, their
counterparts in the same country stands the risk of being buried alive together
with their dead husbands or be counted among the items to be inherited, as the
case might be.
But what is
reprehensible to us is the attempt to draw us back to the status of a pegged
standard that is obviously full of lacunas as against the divine law which we
so cherish and enjoy for so long. We are not complaining!
Let me give an
example. Contrary to what many think and believe, the Sharia Law of
inheritance, like all components of sharia, is flexible and dynamic, at times
females ended up getting more than males. For instance, where a man, who has
one wife fifteen children (either males or females or both) dies and left eight
million naira, the widow would get one million naira (1/8) and the remaining
seven millions divided to the children. The widow here will get more than
anyone. But according to this bill it has to be distributed equally. How this
escaped the attention of our senators beats imaginations of many Muslims.
Whereas the bill seemed
to limit its scope on people who died and left children, the Sharia Law of
inheritance covers all facets of consanguinity.
On the other hand,
the classical Muslim family ties provided a formidable support system where
weaker members (old, female and young) are mandated to be supported, covered
and taken care of by stronger members of the family.
Thus, notwithstanding
who gets what, the weaker members of the family (old, females and young) often
depends on the stronger members' (men) share, while their shares are stashed
elsewhere. Interestingly, even when and where nothing was left to be inherited
the same scenario applies.
Therefore, it is
wrong for a people who are probably living in a different type or system of
family support to attempt depriving us of our enjoyable and supportive laws
because either they erroneously think or assume that we are in the same mess or
simply ignored our existence while making laws that seeks to ameliorate their
problems.
It is bad enough that
we are grossly misrepresented and largely marginalized in almost all spheres of
this country's existence, we can't stand our representatives sitting (as though
spineless) while what we hold dear is been shredded into pieces.
Mahmud wrote this
piece from Abuja
Nigerian Senate rejects bill seeking gender equality in
marriage
The Nigerian Senate
The Nigeria Senate on
Tuesday blocked a bill seeking equal marital rights for women.
The bill, titled
“Gender Parity and Prohibition of Violence against Women”, was presented by
Abiodun Olujimi, representing Ekiti south, during the senate’s plenary session.
According to Mrs.
Olujimi, the bill would seek equal rights for women in marriage, education and
job.
She said if the bill
was passed, a widow in Nigeria would automatically become the custodian of her
children in the event of the death of her husband, and would also inherit his
property.
The deputy senate
president, Ike Ekeremadu, supported the bill. He said Nigeria would develop if
women were given the same rights men have.
“Only last night, I
was going through a document prepared by George Bush of America. Those
countries that are doing well are those who give women opportunities,” he said.
“Where I come from,
women don’t eat egg and are restricted from touching the non-essential parts of
animal. But now that has changed. What is needed is time and education, not
necessarily legislation. We will continue to encourage our women. I support
this bill”, he said.
The Senate Majority
leader, Ali Ndume, criticised the bill, and urged Nigerians to stick with
either religious or traditional marriage.
Sani Yerima, a
senator from Zamfara state, condemned the bill, arguing that it was in conflict
with the Nigerian Constitution.
He said the bill
negates the principles of the Sharia law, which the Constitution recognises.
The bill was defeated
when the senate president, Bukola Saraki, put it to vote.
End quote: Sources:
http://www.premiumtimesng.com/news/top-news/200202-nigerian-senate-rejects-bill-seeking-gender-equality-marriage.html
Nigerian civic groups reject gender equality bill
The Gender and Equal
Opportunity Bill recently rejected by the National Assembly is a contravention
of the provisions of the African Human Rights Charter, the Foundation for
African Cultural Heritage, FACH, a coalition of civil society groups, said on
Sunday.
FACH comprises of
Global Health Alliance, Nigerian Life League, Islamic Platform of Nigeria, Good
Parenting and Youth Empowerment, Happy Home Foundation, and the Nigerian Association
for Women Advancement and others.
The Bill, which was
sponsored by Biodun Olujimi (PDP, Ekiti) was rejected by lawmakers recently for
lack of merit.
Although the Senate
President, Bukola Saraki, promised that the Bill would be represented, FACH’s
Regulatory Affairs Director, Nkem Agboti, on Sunday urged the lawmakers not to
consider a re-presentation of the bill.
Apart from the bill
contravening the provisions of the 1999 Constitution, Mrs. Agboti said in
Lagos, it was also incompatible with the language of African Human Rights
Charter.
Mrs. Agboti said since
most sections of the bill already existed in the country’s Criminal Code,
Marriage Act and the Maintenance Act, there was no need for a new law.
“Some of the
provisions of that Bill – Sections 4(a), 7(iii) – (vii), 8, 13, 14, 15 and 17
already exist in the country’s Constitution. It shows redundancy of the Bill.
“Instead of spending
time deliberating, analysing, passing, signing fresh laws, let us look at the
laws we already have; try to improve on their enforcement; create awareness, so
that we can take advantage of those existing provisions,” Mrs. Agboti said.
End quote: Sources: http://www.premiumtimesng.com/news/top-news/200202-nigerian-senate-rejects-bill-seeking-gender-equality-marriage.html
Senators fear Gender
Equality Bill will turn women to prostitutes, lesbians –Senator Abaribe
The senator representing
Abia South Senatorial District, Eyinnaya Abaribe, has said the Senate rejected
the Gender Equal Opportunities Bill because some lawmakers feared the
legislation could give women unfettered freedom to engage in immoral
activities.
Mr. Abaribe said many
senators expressed deep concerns over the blanket freedom the bill would give
women because many of them would ignore their immediate responsibilities and
turn to prostitutes and homosexuals, urging the proponents of the bill to find
a way of replacing some of its languages.
Mr. Abaribe spoke
during a forum on political rights of women in Nigeria organised by the Civil
Resource Development and Documentation Centre (CIRDDOC) on Wednesday in Abuja.
“The bill was defeated
at the second reading when its details were highlighted to the senators,” Mr.
Abaribe said. “Some lawmakers started expressing deep worries about some parts
of the bill that they think could give women too much freedom and lead them to
prostitution, lesbianism and other social vices.”
Mr. Abaribe called on
all those championing the bill to make efforts at modifying some aspects of it
in order to make it acceptable to all lawmakers for passage.
“The reason why we’re
here is that we think that we should be able to restrategise, we should be able
to look at the bill again and see those contentious areas we may need to
modify. We should be able to find those critical constituencies within the
senate that we must have to address.
“We should be able to
look at the narrative of the bill and how it is being presented to the public
and change that narrative and make it a positive narrative.
“For example, the bill
is not a north versus south bill. The bill is not a Christian versus Muslim
bill. The bill is not a male versus female bill. The bill simply seeks to
extend to every Nigerian all the rights that are they should enjoy. And if
women by virtue of our culture, by virtue of our historic antecedents are being
behind, then we need to also drag them into the economy by giving them every
right that they can use to be productive members of the society and that is all
that we’re trying to do.
Violation of Rules Of Inheritance In
Islam
In the Holy Quran chapter 4
verse 11 Allah (Subhanahu Wa Talaa) said that:
(١٠) يُوصِيكُمُ ٱللَّهُ فِىٓ
أَوۡلَـٰدِڪُمۡۖ لِلذَّكَرِ مِثۡلُ حَظِّ ٱلۡأُنثَيَيۡنِۚ فَإِن كُنَّ نِسَآءً۬ فَوۡقَ ٱثۡنَتَيۡنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَۖ وَإِن كَانَتۡ وَٲحِدَةً۬ فَلَهَا ٱلنِّصۡفُۚ وَلِأَبَوَيۡهِ لِكُلِّ وَٲحِدٍ۬ مِّنۡہُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ ۥ وَلَدٌ۬ۚ فَإِن لَّمۡ يَكُن
لَّهُ ۥ وَلَدٌ۬ وَوَرِثَهُ ۥۤ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُۚ فَإِن كَانَ لَهُ ۥۤ إِخۡوَةٌ۬ فَلِأُمِّهِ ٱلسُّدُسُۚ مِنۢ بَعۡدِ وَصِيَّةٍ۬ يُوصِى بِہَآ أَوۡ دَيۡنٍۗ
ءَابَآؤُكُمۡ وَأَبۡنَآؤُكُمۡ لَا تَدۡرُونَ أَيُّهُمۡ أَقۡرَبُ لَكُمۡ نَفۡعً۬اۚ فَرِيضَةً۬ مِّنَ ٱللَّهِۗ إِنَّ ٱللَّهَ كَانَ
عَلِيمًا حَكِيمً۬ا (١١) ۞
Allah (thus) directs you as regards your children's (inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-Knowing All-Wise. (11) In what your wives leave, your share is a half, if they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts. In what ye leave; their share is a fourth, if ye leave no child; but if ye leave a child, they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two, gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing, Most Forbearing. (12) Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath, to abide therein (for ever) and that will be the Supreme achievement. (13) But those who disobey Allah and His Messenger and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment. (Holy Quran chapter 4: 11-14).
We sighted amongst others that, Section 7. of ‘’Gender and Equal
Opportunities Bill 2011’’ (old Bill but modified not gotten) presented and
passed through second reading at Highets Chamber Senate on Modification of socio- cultural practices, as follows:
‘’Every organ or agency of government, public or private
institution, commercial or corporate body, community, or other social entity,
including educational institutions shall have the responsibility to
Modify the social and cultural patterns of conduct of men
and women, with a view to achieving the elimination of gender stereotyping,
prejudices, and customary and all other practices which are based on the idea
of the inferiority or the superiority of either of the sexes, or the roles for
men and women, and to this end:
(i) Every public or private educational institution shall
ensure the adoption of appropriate teaching
methods and curriculum including provision of facilities
that emphasise the promotion of equality of all sexes in all circumstances and
for all purposes, including choice of career, equal participation and
inclusion of all persons in all activities of the school
or institution.
(ii) the family as a unit of society shall ensure that
values, practices or other forms of rearing of children, ward and young people
in the family and community, or other forms of socialization, is not
discriminatory, and promotes a proper understanding of
maternity as a social function and the
recognition of the common responsibility of men and women
in the upbringing and development of their children.
(iii) Widows shall not be subjected to inhuman, humiliating or degrading
treatment;
(iv) A widow shall automatically become the guardian and custodian of her
children, after the
death of her husband, unless this is contrary to the
interests and the welfare of the children;
(v) A widow shall have the right to remarry, and in that
event, to marry the person of her choice.
(vi) A widow shall have the right to an equitable share in
the inheritance of the property of her husband and shall have the right to
continue to live in the matrimonial house. In case of remarriage, she shall
retain this right if the house belongs to her or she has inherited it.
(vii) Women and men shall have the right to inherit, in
equitable shares, their parents' properties.’’
In Nigeria we have three
main ethnic setup; namely Hausa/Fulani in the North, predominately Muslim,
Yoruba and Igbo. The
Northern Nigeria Muslims have their own Laws of inheritance
(Sharia) fully in existence for centuries or before Colonial Rule, and so why
the move by Senators to disrupt already existing laws. Are we not calling for
destruction or follow Kufr Setup? The Southern Senators might
revisit the degradation of their women when their husbands die by strongly
bringing in Sharia Law of Inheritance to their area of jurisdiction.
This article is written to express our concern on our Deen (Religion)
even if the Inheritance is squashed out in the Quran by the Senate. We don’t
have power to defend the Religion of Islam except Allah as per Quran chapter
15.9
إِنَّا نَحۡنُ نَزَّلۡنَا ٱلذِّكۡرَ وَإِنَّا لَهُ ۥ
لَحَـٰفِظُونَ (٩)
(We have, without doubt sent down the
Message; and We will assuredly guard it (from corruption). (9)
Desecration of Verses of Quran
The Senate Bill
section 7 that passed through Second reading violated Allah’s commandment in
the following Areas of inheritance:
Holy Quran Chapter 4 – Al-Nissa – Verses 11, 12 & 176
4:11 Allah
commands you as regards your children (inheritance), to the male, a portion
equal to that of two females; if (there are) only daughters, two or more, their
share is two-thirds of the inheritance; if only one, her share is half.
For parents, a sixth
share of inheritance to each if the deceased left children; if no children and
the parents are the (only) heirs, the mother has a third; if the deceased left
brothers or (sisters), the mother has a sixth.
(The distribution in
all cases is) after the payment of legacies he may have bequeathed or debts.
You know not which of them, whether your parents or your children are nearest
to you in benefit. (These fixed shares) are ordained by Allah, and Allah is
ever all-knower, all-wise.
4:12 in
that which your wives leave, your share is a half if they have no child; but if
they leave a child you get a fourth of that which they leave after payment of
legacies that they may have bequeathed or debts. In that which you leave, their
(your wives) share is a fourth if you have no child; but if you leave a child
they get an eighth of that which you leave after payment of legacies that you
may have bequeathed or debts.
if the man or woman
whose inheritance is in question has left neither ascendants nor descendants
(al-khalala), but has left a brother or a sister, each one of the two gets a
sixth; but if more than two, they share in a third; after payment of legacies
he (or she) may have bequeathed or debts, so that no loss is caused (to
anyone).
This Is A Commandment from Allah; And Allah Is Ever All-Knowing,
Most-Forebearing.
4:176 they ask you for a legal verdict, say, “Allah directs (thus)
about al-khalala (those who leave neither ascendants nor descendants as heirs).
if it is a man that dies, leaving a sister but no child, she shall have half
the inheritance. If (such a deceased was) a woman, who left no child, her
brother takes her inheritance. If there are two sisters, they shall have
two-thirds of the inheritance; if there are brothers and sisters, the male will
have twice the share of the female. (Thus) does Allah make clear to you (his
law) lest you go astray? And Allah is the all-knower of everything.
4:12 refers to uterine (same mother, diff father) siblings while
4:176 refers to full (same father and mother) or consanguine (same father diff
mother) siblings
LEVEL I – PRIMARY (Immediate) HEIRS
The primary (or
immediate) heirs classified as Level I are:-
1.
The SPOUSE (Husband or a maximum of four Wives)
2.
The CHILDREN (Sons and Daughters)
3.
The PARENTS (Father & Mother)
4.
The GRANDCHILDREN (Son’s SON or Son’s DAUGHTER only)
(Applicable only when
the SON is already deceased only and has offspring)
LEVEL II – SECONDARY HEIRS
The secondary heirs
classified as Level II are:-
1.
The GRANDPARENTS (Paternal and Maternal)
2.
The BROTHERS and/or SISTERS (In the absence of Father and Son ONLY)
3.
The UNCLES and/or AUNTS (In the absence of Grandparents ONLY)
4.
The NEPHEWS and/or NIECES (In the absence of Brothers and Sisters ONLY)
Under Islamic Law,
the primary beneficiaries of a deceased person are his/her IMMEDIATE (Level I)
Heirs. i.e.; Spouse(s), Children, Parents and Grandchildren (if children are
deceased only). The Grandchildren that are entitled are only the Son’s Son or
the Son’s Daughter. Daughter’s children are not entitled even if the Daughter
is deceased.
In the absence of
some or all of these heirs the secondary beneficiaries (Level II) become Heirs
under various conditions. In the absence of a particular Heir (eg; Uncle) if
and when he/she is entitled the children of that Heir become eligible.
Sharia Law Of Islam
Sharia law is the law of Islam. The Sharia law is
cast from the actions and words of Muhammad Salahu
Alaihi Salam, which are called "Sunnah," and the Quran.
Sharia law itself cannot be altered but the interpretation of Sharia law,
called "figh," by imams is given some latitude.
As a legal system, Sharia law is exceptionally
broad. While other legal codes regulate public behavior; Sharia law regulates
public behavior, private behavior and even private beliefs. Of all legal
systems in the world today, Sharia law is the most intrusive and restrictive,
especially against women. According to Sharia law i.e. few other examples of
Islamic law are:
1)
Theft is punishable by amputation of the right
hand.
2)
Criticizing or denying any part of the
Quran is punishable by death.
3)
Criticizing Muhammad Sallahu alaihi salam or
denying that he is a prophet is punishable by death.
4)
Criticizing or denying Allah is punishable by
death.
5)
A Muslim who becomes a non-Muslim is punishable by
death.
6)
A man can marry an infant girl and consummate the
marriage when she is 9 years old
7)
A woman can have 1 husband, who can have up to 4
wives; Muhammad Salahu alaihi salam can have more.
8)
A man can unilaterally divorce his wife; a woman
needs her husband's consent to divorce.
9)
A divorced wife loses custody of all children over
6 years of age or when they exceed it.
10)
Testimonies of four male witnesses are required to
prove rape against a woman.
11)
A woman who has been raped cannot testify in court
against her rapist(s).
12)
A woman's testimony in court, allowed in property
cases, carries ½ the weight of a man's.
13)
A female heir inherits half of what a
male heir inherits.
14)
A woman cannot drive a car, as it leads to fitnah
(upheaval).
15)
A woman cannot speak alone to a man who is not her
husband or relative.
16)
Meat to eat must come from animals that have been
sacrificed to Allah - i.e., be "Halal".
etc
etc
Having changed the
inheritance law as per Section 7 of the Senate Bill, one would expect:
1. the ultimate re-judgment awaited as women to
pay back what was given in this world as their heir share and males will be
compensated for the losses from the females after death,
2. the
promulgator of the Bill on Law of inheritance,
3. the Judge who judges according to man-mad laws
and ones who were given more than their share of inheritance (what they are
due) in the hereafter.
To Allah that is
easy. Undoubtedly the one who promulgates laws himself commits a greater act of
KUFR and is more misguided than one
who refers to them for judgement.
The
summary of the things that may imply that ruling by other than that which Allah
has revealed is a form of shirk akbar (major shirk):
(1)
Ruling by other than that which Allaah has revealed.
(2)
Denying the right of Allaah and His Messenger to rule.
(3)
Preferring the rule of falsehood to the rule of Allaah, whether this is
complete or only in a few matters.
(4)
Regarding the rule of Allaah and the rule of falsehood as equal.
(5)
Thinking that it is permissible to rule by something that contradicts what
Allaah has revealed, or believing that ruling by what Allaah has revealed is
not obligatory or is optional.
(6)
Refusing to rule by what Allaah has revealed.….
Chapter one
THE BILL UNDER REFERENCE REGARDED
MEN AND WOMEN AS EQUAL?
Nigerian Senate,
Highest Chamber regarded men and women as equal in Islamic Shariah Inheritance
Law, This
word – equality – which many thinkers in both the East and the West advocate in
various fields of life is a word which is based on deviation and a lack of
understanding, especially when the speaker attributes this idea of equality to
the Qur’aan and to Islam.
One of the things that people misunderstand is when
they say that “Islam is the religion of equality”. What they should say is that Islam is the religion of justice.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)
said: “Here we should note that there are some people who speak of
equality instead of justice, and this is a mistake. We should not say equality,
because equality implies no differentiation between the two. Because of this unjust
call for equality, they started to ask, what is the difference between male and
female?’ So they made males and females the same, and then the communists said,
‘What difference is there between ruler and subject? No one has any authority
over anyone else, not even fathers and sons; the father has no authority over
his son,’ and so on.
But if we say justice, which means giving each one
that to which he or she is entitled, this misunderstanding no longer applies,
and the word used is correct. Hence it does not say in the Qur’aan that Allaah
enjoins equality, rather it says (interpretation of the meaning):
“Verily, Allaah enjoins Al‑‘Adl (i.e.
justice)” [Holy Quran Chapter al-Nahl 16:90].
“and that when you judge between men, you judge with
justice”[ Holy Quran Chapter al-Nisa’ 4:58]
Those who say that Islam is the religion of equality
are lying against Islam. Rather Islam is the religion of justice which means
treating equally those who are equal and differentiating between those who are
different.
No one who knows the religion of Islam would say
that it is the religion of equality. Rather what shows you that this
principle is false is the fact that most of what is mentioned in the Qur’aan
denies equality, as in the following verses: ‘Say: Are those who know
equal to those who know not?” [Holy Quran Chapter al-Zumar 39:9]. ‘Say: Is the
blind equal to the one who sees? Or darkness equal to light?’[al-Ra’d 13:16].
‘Not equal among you are those who spent and fought before the conquering (of
Makkah, with those among you who did so later’[Holy Quran Chapter al-Hadeed
57:10].
‘Not equal are those of the believers who sit (at
home), except those who are disabled (by injury or are blind or lame), and
those who strive hard and fight in the Cause of Allaah with their wealth and
their live’[Holy Quran Chapter al-Nisa’ 4:95]
Not one single letter in
the Qur’aan enjoins equality, rather it enjoins justice. You will also find that
the word justice is acceptable to people, for I feel that if I am better than
this man in terms of knowledge, or wealth, or piety, or in doing good, I would
not like for him to be equal to me.
Every man knows that he find it unacceptable if we
say that the male is equal to the female.” Sharh al-‘Aqeedah
al-Waasitah, 1/180-181
Based on this, Islam does not regard men and women
as equal in matters where regarding them as equal would result in injustice to
one of them, because equality that is inappropriate is a severe form of
injustice.
The Qur’aan commands women to wear clothes that are
different from those worn by men, because of the differences in the ways each
sex is tempted by the other. The temptation posed by men is less than the
temptation posed by women, so the clothes that women should wear are different
than the clothes that men wear. It makes no sense to tell women to expose the
parts of the body that men are allowed to expose, because of the differences in
the temptation posed by a woman’s body and a man’s body – as we shall
explain.
Different
Treatment of Men and Women in Sharia
There are matters in which men and women are treated
differently in Islamic sharee’ah, such as:
1 – Qiwaamah (being in charge of the household)
Allaah says (interpretation of the meaning): “Men
are the protectors and maintainers of women, because Allaah has made one of
them to excel the other, and because they spend (to support them) from their
means”[ Holy Quran Chapter al-Nisa’ 4:34].
Ibn Katheer (may Allaah have mercy on him)
said: “Allaah says ‘Men are the protectors and maintainers of women’
meaning that the man is in charge of the woman, i.e., he is the leader and head
of the household, the one who disciplines her if she goes astray.
‘because Allaah has made one of them to excel the
other’ i.e., because men are superior to women and are better than
women. Hence Prophethood was given only to men, as was the position of
khaleefah, because the Prophet (peace and blessings of Allaah be upon him)
said, ‘No people shall ever prosper who appoint a woman as their ruler.’ This
was narrated by al-Bukhaari from the hadeeth of ‘Abd al-Rahmaan ibn Abi Bakrah
from his father. The same applies to the position of qaadi (judge), etc.
‘and because they spend (to support them) from
their means’ refers to the mahr and the spending on women’s maintenance
that Allaah has enjoined upon men in His Book and in the Sunnah of His Prophet
(peace and blessings of Allaah be upon him). So a man is inherently better than
a woman, and he is superior to her because he spends on her. So it is
appropriate that he should be in charge of her, as Allaah says, ‘but men
have a degree (of responsibility) over them’ [Holy Quran Chapter al-Baqarah
2:228].
‘Ali ibn Abi Talhah said, narrating from Ibn
‘Abbaas: ‘Men are the protectors and maintainers of women’ means that
men are the leaders of women and they should obey them in areas where Allaah
has enjoined obedience. Obedience may mean treating his family kindly and
protecting his wealth.” (Tafseer Ibn Katheer, 1/490).
2 – Testimony or bearing witness. The Qur’aan
states that the testimony of one man is equivalent to the testimony of two
women.
Allaah says (interpretation of the meaning): “And
get two witnesses out of your own men. And if there are not two men
(available), then a man and two women, such as you agree for witnesses, so that
if one of them (two women) errs, the other can remind her”[ Holy Quran Chapter
al-Baqarah 2:282]
Ibn Katheer said: Two women are to take the
place of one man because women are lacking in reason, as Muslim narrated in his
Saheeh… from Abu Hurayrah that the Prophet (peace and blessings of
Allaah be upon him) said: “O women, give in charity and seek forgiveness a
great deal, for I have seen that you form the majority of the people of Hell.”
A wise woman among them said, “Why is it, O Messenger of Allaah, that we are
the majority of the people of Hell?” He said, “Because you curse too much, and
you are ungrateful to your spouses. I have seen none lacking in common sense
and failing in religion but (at the same time) robbing the wisdom of the wise,
besides you.” The woman asked: “O Messenger of Allaah, what is wrong with our
common sense and our religion?” He said: “Your lack of common sense (can be
well judged from the fact) that the evidence of two women is equal to that of
one man, that is a proof of the lack of common sense, and you spend some nights
(and days) in which you do not offer prayer and in the month of Ramadan (during
the days) you do not observe fast, that is a failing in religion.” (Tafseer
Ibn Katheer, 1/336)
There may be some women who are wiser than some men,
but this is not the usual rule and such women are not in the majority.
Sharee’ah is based on what is general and most common.
The fact that women are lacking in reason does not
mean that they are crazy, rather their reason is often overtaken by their
emotions, and this happens to women more often than it happens to men. No one
would deny this except one who is arrogant.
3 – A woman inherits half of what a man inherits.
Allaah says (interpretation of the meaning): “Allaah
commands you as regards your children’s (inheritance): to the male, a portion
equal to that of two females”[ Holy Quran Chapter al-Nisa’ 4:11]
Al-Qurtubi said: Because Allaah knows better
than they do what is in their best interests, He made the division of
inheritance based on differentiation, because He knows what is in their best
interests. Tafseer al-Qurtubi, 5/164
For example, a man is obliged to spend more than a
woman, so it is appropriate that he should have a larger share of inheritance
than a woman.
4 – Clothing:
A woman’s ‘awrah includes her entire body. The least
that can be said is that she should not uncover anything except her face and
hands, and it was said that she should not even uncover that.
Allaah says (interpretation of the meaning): “O
Prophet! Tell your wives and your daughters and the women of the believers to
draw their cloaks (veils) all over their bodies (i.e. screen themselves
completely except the eyes or one eye to see the way). That will be better,
that they should be known (as free respectable women) so as not to be annoyed.
And Allaah is Ever Oft‑Forgiving, Most Merciful”[ Holy Quran Chapter al-Ahzaab
33:59]
The ‘awrah of a man is the area from the navel to
the knees.
It was said to ‘Abd-Allaah ibn Ja’far ibn Abi
Taalib, “Tell us what you heard from the Messenger of Allaah (peace and
blessings of Allaah be upon him) and what you saw of him, and do not tell us
about anyone else, even if he was trustworthy.” He said, “I heard the Messenger
of Allaah (peace and blessings of Allaah be upon him) say, ‘The area between
the navel and the knee is ‘awrah.’”
Narrated by al-Haakim in al-Mustadrak (6418);
classed as hasan by al-Albaani in Saheeh al-Jaami’, 5583.
Other examples include the following, which is not a
comprehensive list.
There
Are Other Differences between the Sexes, Including The Following
1)
A man can marry four
women, but a woman can only have one husband.
2)
A man has the right to
issue a divorce and it is valid if he does so, but a woman does not have the right
to issue a divorce.
3)
A man may marry a woman
from among the People of the Book (Jews and Christians), but a Muslim woman may
not marry anyone but a Muslim.
4)
A man may travel without
his wife or any of his mahrams, but a woman may not travel unless she is
accompanied by a mahram.
5)
Prayer in the mosque is
obligatory for men, but not for women; a woman’s prayer in her house is more
beloved to Allaah.
6)
A woman may wear silk
and gold, but a man must not wear them.
7)
Everything that we have
mentioned is based on the difference between men and women, because the male is
not like the female. Allaah says (interpretation of the meaning): “And
the male is not like the female”[ Holy Quran Chapter Aal ‘Imraan 3:36]
The male is different from the female in many ways,
in his strength, in his body, in his toughness and roughness, whereas women are
soft and gentle.
And men are different in intellectual terms, for men
are known for their strength of understanding and their memory as compared to
women. Women are weaker than men in memory and forget more than men do. This is
well known, for most of the reputable scholars in the world are men. There are
some women who are more intelligent and have better memories than some men, but
this does not cancel out the general rule. Most cases are as we have described
above.
With regard to emotions, men speak of them when they
get angry or when they are happy, but women are affected by the slightest
emotional effects, so their tears flow at the slightest emotional provocation.
Jihad is obligatory for men, but jihad in the sense
of fighting is not obligatory for women. This is the mercy of Allaah towards
them, and consideration for their nature.
In conclusion we may say that the rulings for men
are not like the rulings for women.
Islam
Regards Men and Women Equal In Many Acts Of Worship
Islam regards men and women as equally obliged with
regard to many acts of worship and interactions with others. For example, women
do wudoo’ just as men do, they do ghusl as men do, they pray as men do, and
they fast as men do, except when they are menstruating or bleeding following
childbirth. Women pay zakaah as men pay zakaah, and they do Hajj as men do,
except for a few differences in the rulings. It is permissible and acceptable
to buy from a woman, and if a woman gives charity, that is permissible. It is
permissible for a woman to set free the slaves that she owns, and there are
many other similar cases because women are the twin halves of men, as it says
in the hadeeth:
It was narrated that ‘Aa’ishah said: The Messenger
of Allaah (peace and blessings of Allaah be upon him) was asked about a man who
finds some wetness (on his clothes) but did not have an erotic dream, and he
said, “He should do ghusl.” He was asked about a man who had an erotic dream
but did not find any wetness, and he said, “He does not have to do ghusl.” Umm
Salamah said, “O Messenger of Allaah, if a woman sees that, does she have to do
ghusl?” He said, “Yes, for women are the twin halves of men.” (Narrated
by al-Tirmidhi, 113; Ahmad, 25663. Classed as saheeh by al-Albaani in Saheeh
al-Tirmidhi, 98)
And
Allaah knows best.
Chapter Two
THE BILL FAILED TO CONSIDER INHERITANCE FROM NON-MUSLIM
CHILDREN/PARENTS
A Muslim is not permitted to inherit anything of the
wealth of a non-Muslim relative, as the Prophet (Peace and Blessings of Allah
be upon him) said: "The believer does not inherit from a kaafir
(disbeliever) and the kaafir does not inherit from a believer." (Reported
by al-Bukhaari, al-Fath 4283).
According to another report, he said: "The
Muslim does not inherit from a kaafir and the kaafir does not inherit from a
Muslim." (al-Bukhaari, 6764).
The Messenger of Allah (Peace and Blessings of Allah
be upon him) also said: "People who belong to two different religions do
not inherit from one another." (Reported by Abu Dawud in al-Sunan, Kitab
al-Faraa’id, and deemed hasan by al-Albaani in Saheeh al-Jaami‘, 7614) -
Because when the ties of religion are cut, the ties of inheritance are also
cut, because the former is the basis of the latter.
However, if a non-believer makes a will leaving one-third or less of his wealth to his child (son or daughter), one is entitled to take it, because this is a will as opposed to inheritance according to a non-Islamic system. This difference is well-known in Islamic Fiqh. And Allah knows best.
However, if a non-believer makes a will leaving one-third or less of his wealth to his child (son or daughter), one is entitled to take it, because this is a will as opposed to inheritance according to a non-Islamic system. This difference is well-known in Islamic Fiqh. And Allah knows best.
Promulgating
man-made laws BY THE Nigerian Senate that are contrary to the rulings of Allah
and His Messenger concerning matters of blood, honour and wealth, is an act of Major Kufr which puts one beyond the
pale of Islam of which inheritance is one. There is no doubt whatsoever
concerning that, and there is no difference of opinion concerning it among the
Muslim scholars.
Promulgating
such laws is competing with Allah, may He be exalted, in His rule and is going
against Him in His laws. Allah says (interpretation of the meaning): “Or
have they partners with Allaah (false gods) who have instituted for them a
religion which Allaah has not ordained?” [Holy Quran Chapter al-Shoora 42:21].
(٢٠) أَمۡ لَهُمۡ شُرَڪَـٰٓؤُاْ شَرَعُواْ
لَهُم مِّنَ ٱلدِّينِ مَا لَمۡ يَأۡذَنۢ بِهِ ٱللَّهُۚ وَلَوۡلَا
ڪَلِمَةُ ٱلۡفَصۡلِ لَقُضِىَ بَيۡنَہُمۡۗ وَإِنَّ ٱلظَّـٰلِمِينَ لَهُمۡ عَذَابٌ
أَلِيمٌ۬ (٢١)
And
Allah says (interpretation of the meaning): “Have you not seen those
(hypocrites) who claim that they believe in that which has been sent down to
you, and that which was sent down before you, and they wish to go for judgement
(in their disputes) to the Taaghoot (false judges) while they have been ordered
to reject them. But Shaytaan (Satan) wishes to lead them far astray.
61. And
when it is said to them: ‘Come to what Allaah has sent down and to the
Messenger (MuhammadPeace and blessings of Allah be upon him’,’ you (Muhammad Peace and
blessings of Allah be upon him’ see the hypocrites turn away from you (Muhammad
Peace and blessings of Allah be upon him’ with aversion”[ Holy Quran Chapter
al-Nisa’ 4:60-61].
أَلَمۡ تَرَ إِلَى ٱلَّذِينَ
يَزۡعُمُونَ أَنَّهُمۡ ءَامَنُواْ بِمَآ أُنزِلَ
إِلَيۡكَ وَمَآ أُنزِلَ مِن قَبۡلِكَ يُرِيدُونَ أَن يَتَحَاكَمُوٓاْ إِلَى
ٱلطَّـٰغُوتِ وَقَدۡ أُمِرُوٓاْ أَن يَكۡفُرُواْ بِهِۦ وَيُرِيدُ ٱلشَّيۡطَـٰنُ
أَن يُضِلَّهُمۡ ضَلَـٰلاَۢ بَعِيدً۬ا (٦٠) وَإِذَا
قِيلَ لَهُمۡ تَعَالَوۡاْ إِلَىٰ مَآ أَنزَلَ ٱللَّهُ وَإِلَى ٱلرَّسُولِ
رَأَيۡتَ ٱلۡمُنَـٰفِقِينَ يَصُدُّونَ عَنكَ صُدُودً۬ا (٦١)
فَكَيۡفَ إِذَآ أَصَـٰبَتۡهُم مُّصِيبَةُۢ بِمَا قَدَّمَتۡ
أَيۡدِيهِمۡ ثُمَّ جَآءُوكَ يَحۡلِفُونَ بِٱللَّهِ إِنۡ أَرَدۡنَآ إِلَّآ
إِحۡسَـٰنً۬ا وَتَوۡفِيقًا (٦٢)
If
this is the ruling of Allah concerning the one who wants to refer for judgement
to false judges, then how about the false judge himself who promulgates laws
instead of Allah.
How
can legislation that is contrary to the laws of Allah not be KUFR, when
it inevitably implies permitting that which is forbidden and forbidding that
which is permitted, or giving the legislators the right to do that, so they
have the right to permit whatever they want and to forbid whatever they want;
whatever the majority agrees upon must be carried out and the one who goes
against it is punished and criminalized. This is the ultimate kufr.
Thus, the ultimate re-judgment awaits, the
promulgator of the Bill on Law of inheritance, the Judge who judges according
to man-made laws and recipients of inheritance who were given more than their
share (what they are due) in the hereafter. To Allah that is easy.
Shaykh
al-Islam Ibn Taymiyah (may Allah have mercy on him) said: If a person regards
as permissible that on which there is scholarly consensus that it is forbidden,
or regards as forbidden that on which there is scholarly consensus that it is
permitted, or he alters a law on which there is consensus, then he is a kaafir
and apostate, according to the consensus of the fuqaha’. End quote from Majmoo‘
al-Fataawa, 3/267.
Ibn
Katheer (may Allah have mercy on him) said: The one who forsakes the law that
was revealed to Muhammad ibn ‘Abd-Allah, the Seal of the Prophets (blessings
and peace of Allah be upon him) and refers for judgement to any other law that
has been abrogated, has committed an act of KUFR, so how about the one
who refers for judgement to al-Yaasa and gives it precedence? The one who does
that is a kaafir according to the consensus of the Muslims. End quote from al-Bidaayah
wa’l-Nihaayah, 13/139.
Al-Yaasa
(also known as al-Yaasiq) refers to the laws of the Tatar Genghis Khan, who
forced the people to refer to them for judgement.
Undoubtedly
the one who promulgates laws himself commits a greater act of KUFR and
is more misguided than one who refers to them for judgement.
Al-‘Allaamah
Muhammad al-Ameen al-Shanqeeti (may Allah have mercy on him) said: From verses
such as that in which Allah says (interpretation of the meaning) “and He
makes none to share in His Decision and His Rule” [al-Kahf 18:26], it may
be understood that the followers of those who promulgate laws other than those
which Allah has ordained are associating others with Allah (shirk). This
understanding is explained clearly in other verses, such as the verse which
speaks of those who follow the laws of the Shaytaan in permitting dead meat,
claiming that it has been killed by Allah [and thus should be permitted]:
“Eat
not (O believers) of that (meat) on which Allaah’s Name has not been pronounced
(at the time of the slaughtering of the animal), for sure it is Fisq (a sin and
disobedience of Allaah). And certainly, the Shayaateen (devils) do inspire
their friends (from mankind) to dispute with you, and if you obey them [by
making Al‑Maytah (a dead animal) legal by eating it], then you would indeed be
Mushrikoon (polytheists)” [Holy Quran Chapter al-An‘aam 6:121].
Here
Allah clearly states that they would be Mushrikoon by obeying them. This
is associating others with Allah in terms of obedience and following laws that
are contrary to that which Allah has ordained -- which is what is meant by
worshipping the Shaytaan in the verse in which Allah says (interpretation of the
meaning): “Did I not command you, O Children of Adam, that you should not
worship Shaytaan (Satan). Verily, he is a plain enemy to you.
61. And
that you should worship Me [Alone Islamic Monotheism, and set up not rivals,
associate‑gods with Me]. That is the Straight Path”[ Holy Quran Chapter Ya-Seen
36:60-61].
And
Allah tells us that His Prophet Ibraaheem said (interpretation of the meaning):
“ ‘O
my father! Worship not Shaitân (Satan). Verily, Shaitân (Satan) has been a
rebel against the Most Gracious (Allaah)’”[ Holy Quran Chapter Maryam 19:44].
And
Allah says (interpretation of the meaning): “They (all those who worship
others than Allaah) invoke nothing but female deities besides Him (Allaah), and
they invoke nothing but Shaytaan (Satan), a persistent rebel!”
[Holy
Quran Chapter al-Nisa’ 4:117], i.e., they do not worship anything but a devil,
i.e., by following his laws. Hence Allah calls those whom they obey in the sins
that they made attractive to them “partners”, as in the verse (interpretation
of the meaning) “And so to many of the Mushrikoon (polytheists) their
(Allaah’s so‑called) ‘partners’ have made fair-seeming the killing of their
children, in order to lead them to their own destruction and cause confusion in
their religion” [Holy Quran Chapter al-An ‘am 6:137].
The
Prophet (blessings and peace of Allah be upon him) explained this to ‘Adiyy ibn
Haatim (may Allah be pleased with him) when he asked him about the verse in
which Allah says (interpretation of the meaning): “They (Jews and Christians)
took their rabbis and their monks to be their lords besides Allaah” [Holy Quran
Chapter al-Tawbah 9:31]. He explained that they permitted to them that
which Allah has forbidden and they forbade to them that which Allah has
permitted, and they [the people] followed them in that; that is how they took
them as lords.
One of
the clearest proofs concerning that is the fact that in Soorat al-Nisa’, Allah,
may He be glorified and exalted, mentioned those who want to refer for
judgement to something other than the laws prescribed by Him and wonders at
their claim to be believers, because their claim to be believers even though
they want to refer for judgement to false judges shows that they have reached a
level of lying which is astounding. That is what Allah says (interpretation of
the meaning):
“Have
you not seen those (hypocrites) who claim that they believe in that which has
been sent down to you, and that which was sent down before you, and they wish
to go for judgement (in their disputes) to the Taaghoot (false judges) while
they have been ordered to reject them. But Shaytaan (Satan) wishes to lead them
far astray”[ Holy Quran Chapter al-Nisa’ 4:60].
From
the divinely revealed texts that we have quoted, it becomes very clear to
everyone that with regard to those who follow man-made laws promulgated by the
Shaytaan on the lips of his supporters which are contrary to that which Allah
has prescribed on the lips of His Messengers (blessings and peace of Allah be
upon them), there is no doubt that they are kaafirs and mushriks, except for
the one whom Allah has blinded to the light of Revelation and left to go
astray.
And he
said: As for the legal system that is contrary to the laws prescribed by
the Creator of heaven and earth, ruling according to it constitutes disbelief
in the Creator of heaven and earth, such as the claim that giving precedence to
the male over the female in inheritance is not fair and it is necessary to make
them equal in inheritance, and the claim that plural marriage is unjust, or
that divorce is unfair to the woman, and that stoning, cutting off the hand and
so on are barbaric acts that should not be done to people, and so on.
Making
this kind of system rule the lives of people in society and their wealth,
honour, lineage, reason and religion, is disbelief in the Creator of heaven and
earth and a transgression against the divine system prescribed by the One Who
created all things and Who knows best what is in their best interests; may He
be glorified and exalted far above having any lawgiver besides Him.
“Or
have they partners with Allaah (false gods) who have instituted for them a
religion which Allaah has not ordained?” [Holy Quran Chapter al-Shoora 42:21].
“Say
(O Muhammad to these polytheists): ‘Tell me, what provision Allaah has sent
down to you! And you have made of it lawful and unlawful.’ Say (O Muhammad):
‘Has Allaah permitted you (to do so), or do you invent a lie against
Allaah?’”[Yoonus 10:59]
“Say:
‘Verily, those who invent a lie against Allaah will never be successful’”[ Holy
Quran Chapter Yoonus 10:69].
End
quote from Adwa’ al-Bayaan, commentary on the verse (interpretation of
the meaning): “and He makes none to share in His Decision and His Rule”
[Holy Quran Chapter al-Kahf 18:26].
What
is well established and known of the view of Shaykh Ibn ‘Uthaymeen (may Allah
have mercy on him) is that he clearly stated that promulgating laws that are
contrary to what Allah has revealed constitutes major kufr. He mentioned that
in several places in his books, such as Sharh Kitaab al-Tawheed, Sharh
al-Usool al-Thalaathah, Sharh al-Siyaasah al-Shara‘iyyah, and his
fatwas which have been published in al-‘Aqeedah and Liqaa’aat al-Baab
al-Maftooh. All his comments on these subjects are consistent and point to
the same conclusion, which is that legislating and promulgating laws that are
contrary to the sharee‘ah of Allah constitutes major kufr. As for the one who
rules according to something other than that which Allah has revealed, he may
be a disbeliever or a wrongdoer or an evildoer according to the crime that he
has committed. We do not know of any opinion of the Shaykh concerning this
matter, in which he suggested that this promulgation of laws is minor kufr. If
the Shaykh had any other opinion, it would have widely known, and the Shaykh
would have clearly recanted his first opinion, and striven to prevent it being
published. Whoever thinks that any of the scholars would recant something that it
became clear to him was wrong, then would continue to publicise the mistaken
opinion until he died, without denouncing it or instructing that it be erased,
has thought badly of him and has impugned his religious commitment and honesty,
because it is not permissible to publicise a false opinion or to keep quiet
about it, especially if it has to do with an important matter such as
this.
Among
the things that he (may Allah have mercy on him) said concerning this matter is
what appears in Sharh al-Usool al-Thalaathah, where he said: Whoever
does not rule in accordance with that which Allah has revealed because he
thinks little of it or looks down on it or believes that something else is
better than it and more beneficial to people or is equal to it, is a kaafir
whose kufr puts him beyond the pale of Islam. That includes those who
promulgate laws for people that are contrary to Islamic laws, to be a system
that the people follow. They only promulgate those laws that are contrary to
Islamic laws because they believe that they are better and more beneficial for
people, because it is known on the basis of reason and sound human nature that
no one turns away from one path to a different path unless he believes that
what he has turned to is better and what he has turned away from is
lacking.
End
quote from Majma‘ al-Fatawa wa Rasaa’il al-Shaykh Ibn ‘Uthaymeen,
6/161. And Allah knows best.
A Muslim is not permitted to inherit anything of the
wealth of a non-Muslim relative, as the Prophet (Peace and Blessings of Allah
be upon him) said: "The believer does not inherit from a kaafir
(disbeliever) and the kaafir does not inherit from a believer." (Reported
by al-Bukhaari, al-Fath 4283). According to another report, he said: "The
Muslim does not inherit from a kaafir and the kaafir does not inherit from a
Muslim." (al-Bukhaari, 6764). The Messenger of Allah (Peace and Blessings
of Allah be upon him) also said: "People who belong to two different
religions do not inherit from one another." (Reported by Abu Dawud in
al-Sunan, Kitab al-Faraa’id, and deemed hasan by al-Albaani in Saheeh
al-Jaami‘, 7614) - because when the ties of religion are cut, the ties of
inheritance are also cut, because the former is the basis of the latter.
However, if a non-believer makes a will leaving one-third or less of his wealth to his child (son or daughter), one is entitled to take it, because this is a will as opposed to inheritance according to a non-Islamic system. This difference is well-known in Islamic fiqh.
And Allah knows best.
However, if a non-believer makes a will leaving one-third or less of his wealth to his child (son or daughter), one is entitled to take it, because this is a will as opposed to inheritance according to a non-Islamic system. This difference is well-known in Islamic fiqh.
And Allah knows best.
Chapter Three
IMPLICATION
OF MAN-MADE SYSTEMS IMPLEMENTATION OVER AND ABOVE THE CREATOR OF THE HEAVENS
AND THE EARTH’S LAWS
Shaykh al-Shanqeeti said:
It should be noted that we must differentiate
between man-made systems the implementation of which implies disbelief (kufr)
in the Creator of the heavens and the earth, and systems which do not imply
that. This may be explained by describing systems as being of two types,
administrative and legislative. With regard to administrative systems which are
aimed at organizing things and making them run smoothly in a manner that does
not go against sharee’ah, there is nothing wrong with this and no one among the
Sahaabah or those who came after them objected to it. ‘Umar (may Allaah be
pleased with him) did many things of that nature that were not done at the time
of the Messenger (peace and blessings of Allaah be upon him), such as writing
down the names of the soldiers in a register to keep track of who was present
and who was absent, even though the Prophet (peace and blessings of Allaah be
upon him) did not do that and he had not known that Ka’b ibn Maalik was not
present during the campaign of Tabook until after he had reached Tabook.
Similarly, ‘Umar (may Allaah be pleased with him) bought the house of Safwaan
ibn Umayyah in Makkah and turned it into a prison, even though neither the
Prophet (peace and blessings of Allaah be upon him) nor Abu Bakr had
established a prison. Such administrative matters which are intended to make
things run smoothly and which do not go against sharee’ah – such as organizing
employees’ affairs and organizing work matters in a manner that does not go
against sharee’ah – is a kind of man-made system that is o.k. and does not go
against the basic principles of sharee’ah which aims to take care of the public
interest.
But in the case of legislative systems which
go against the laws of the Creator of the heavens and the earth, referring to
them for judgement constitutes disbelief (kufr) in the Creator of the heavens
and the earth, such as claiming that giving males precedence over females
in matters of inheritance is not fair and that they should be given equal
shares, or claiming that plural marriage is a form of oppression, or that
divorce is unjust towards women, or that stoning and cutting off hands etc. are
barbaric actions that cannot justifiably be done to anyone, and so on.
So implementing this kind of system to govern
people’s lives, wealth, honour, lineage, minds and religion constitutes
disbelief in the Creator of the heavens and the earth, and rebellion against
the divine system which was set up by the One Who created all of mankind and
Who knows best what is in its interests. Glorified and exalted be He far above
having any other legislator alongside Him.
“Or have they partners with Allaah (false
gods) who have instituted for them a religion which Allaah has not ordained?
And had it not been for a decisive Word (gone forth already), the matter would
have been judged between them. And verily, for the Zaalimoon (polytheists and
wrongdoers) there is a painful torment”
[Holy Quran Chapter al-Shooraa 42:21 –
interpretation of the meaning]: “Say
(O Muhammad to these polytheists): ‘Tell me, what provision Allaah has sent
down to you! And you have made of it lawful and unlawful.’ Say (O Muhammad):
‘Has Allaah permitted you (to do so), or do you invent a lie against Allaah?’”[
Holy Quran Chapter Yoonus 10:59 – interpretation of the meaning].
Allaah has commanded us to refer matters to
His judgement and to establish Sharee‘ah, and He has forbidden us to rule with
anything else, as is clear from a number of aayaat in the Qur’aan, such as the
aayaat in Soorat al-Maa’idah (5) which discuss ruling according to what Allaah
has revealed, and mention the following topics:
The command to rule according to what Allaah
has revealed: “And so judge between them by what Allaah has revealed . . .”
[aayah 49]
Warning against ruling by other than what
Allaah has revealed: “. . . and follow not their vain desires . . .” [aayah 49]
Warning against compromising on any detail of
Sharee‘ah, no matter how small: “. . . but beware of them lest they turn you
far away from some of that which Allaah has sent down to you . . .” [aayah 49]
Forbidding seeking the ruling of jaahiliyyah,
as is expressed in the rhetorical question “Do they then seek the judgement of
(the Days of) Ignorance?” [aayah 50]
The statement that nobody is better than
Allaah to judge: “. . . and who is better in judgement than Allaah for a people
who have firm Faith?” [aayah 50]
The statement that whoever does not judge
according to what Allaah revealed is a kaafir, a zaalim
(oppressor or wrongdoer) and a faasiq (sinner), as Allaah says: “. . .
And whoever does not judge by what Allaah has revealed, such are the kaafiroon.”
[aayah 44]; “. . . And whoever does not judge by that which Allaah has
revealed, such are the zaalimoon (polytheists and wrongdoers)” [aayah
45]; “. . . And whoever does not judge by what Allaah has revealed (then) such
(people) are the faasiqoon (rebellious or disobedient).” [aayah 47].
The statement that it is obligatory for the
Muslims to judge according to what Allaah has revealed, even if those who seek
their judgement are not Muslim, as Allaah says: “. . . And if you judge, judge
with justice between them. . .” [aayah 42]
Judging or ruling according to other than
what Allaah has revealed is contrary to faith and Tawheed, which are Allaah’s
rights. It may be counted as kufr akbar (greater kufr) or kufr asghar
(lesser kufr) according to circumstances. Kufr akbar will make a person
no longer a Muslim in cases such as the following:
If he issues laws and regulations other than
those revealed by Allaah, because the right to issue laws belongs to Allaah
alone, Who has no partner, and whoever “competes” with Him in a matter which is
His alone is a mushrik, because Allaah says: “Or have they partners with
Allaah (false gods), who have instituted for them a religion which Allaah has
not allowed?” [Holy Quran Chapter al-Shooraa 42:21]
If the one who rules by other than that which
Allaah has revealed denies the right of Allaah and His Prophet to rule, as is
mentioned in Ibn ‘Abbaas’s comment on the aayah:“. . . And whoever does not judge
by what Allaah has revealed, such are the kaafiroon.” [al-Maa’idah 5:44]. Ibn
‘Abbaas said: “Whoever rejects what Allaah has revealed is a kaafir.”
If he prefers the rule of falsehood to the
rule of Allaah, whether this is in absolute terms or just in a few matters.
Allaah says: “Do they then seek the judgement of (the Days of) Ignorance? And
who is better in judgement than Allaah for a people who have firm Faith?” [Holy
Quran Chapter al-Maa’idah 5:50]
If he regards the rule of Allaah and the rule
of falsehood as equal. Allaah says: “. . . Then do not set up rivals unto
Allaah (in worship) while you know (that He Alone has the right to be
worshipped).” [Holy Quran Chapter al-Baqarah 2:22]
If he thinks that it is permissible to rule
by something that contradicts the rule of Allaah and His Messenger, or he
believes that it is not obligatory to rule according to what Allaah has
revealed, or that the matter is optional. This is kufr which is contradictory
to faith. Allaah revealed: “O Messenger! Let not those who hurry to fall into
disbelief grieve you, of such who say: ‘We believe’ with their mouths but their
hearts have no faith. And of the Jews are men who listen much and eagerly to
lies - listen to others who have not come to you; they say, ‘If you are given
this, take it, but if you are not given this, then beware!’ . . .” [Holy
Quran Chapter al-Maa’idah 5:41]. He says: “Go to Muhammad (peace be upon
him), and if he tells you that the ruling is lashes, accept it, but if he
commands stoning, ignore what he says. Then Allaah revealed “. . . And whoever
does not judge by what Allaah has revealed, such are the kaafiroon
(disbelievers)” [Holy Quran Chapter al-Maa’idah 5:44].
If he does not rule according to what Allah
has revealed out of stubbornness and arrogance, he is a kaafir and has left
Islaam, even if he does not deny the rule of Allaah. Stubbornness and arrogance
may mean negligence and turning away, as Allaah says: “Have you seen those
(hypocrites) who claim that they believe in that which has been sent down to
you, and that which was sent down before you, and they wish to go for judgement
(in their disputes) to the Taaghoot (false judges, etc.) while they have
been ordered to reject them. But Shaytaan wishes to lead them astray. And when
it is said to them: ‘Come to what Allaah has sent down and to the Messenger,’
see they hypocrites turn away from you (Muhammad) with aversion.” [Holy
Quran Chapter al-Nisaa’ 4:60-61]
Among the things that may be counted as
ruling by other than that which Allaah revealed and kufr akbar is what Shaykh
Muhammad ibn Ibraaheem said about man-made laws and ruling by them: “This is
the worst, the most obvious and comprehensive opposition to sharee‘ah and
rejection of Allaah’s laws. This is competing with Allaah and His Messenger,
contradicting His laws in their preparation, support, structure, ruling and
references.
The above is a summary of the things that may
imply that ruling by other than that which Allah has revealed is a form of shirk
akbar (major shirk):
(1) Ruling by other than that which Allaah
has revealed.
(2) Denying the right of Allaah and His
Messenger to rule.
(3) Preferring the rule of falsehood to the
rule of Allaah, whether this is complete or only in a few matters.
(4) Regarding the rule of Allaah and the rule
of falsehood as equal.
(5) Thinking that it is permissible to rule
by something that contradicts what Allaah has revealed, or believing that
ruling by what Allaah has revealed is not obligatory or is optional.
(6) Refusing to rule by what Allaah has
revealed.
By examining this topic from different
angels, it becomes clear that what is counted as kufr akbar is the following:
Abolishing sharee‘ah as the law governing a
country, as Mustafa Kemal (“Ataturk”) did in Turkey, as he abolished the book Majallah
al-Ahkaam al-‘Adliyyah which was based on the Hanafi madhhab, and
replaced it with man-made laws.
Abolishing sharee‘ah courts.
Imposing man-made laws, such as Italian,
French, German law, etc., to judge between the people, or mixing these laws and
Sharee‘ah, as Genghis Khan did in his book al-Yaasiq, which combined
laws from different sources; the ‘ulamaa’ (scholars) ruled that he was a
kaafir.
Confining the role of sharee‘ah courts to
so-called “civil” matters, such as marriage, divorce and inheritance.
Setting up non-sharee‘ah courts.
Discussing sharee‘ah in parliament and voting
on it; this indicates that implementing sharee‘ah is conditional upon a
majority vote.
Making sharee‘ah a secondary or main source,
along with other sources of law. Even when they say that sharee‘ah is the
primary source of legislation, this is still kufr akbar, because it
means that they are allowing the adoption of laws from other sources too.
Stating in the clauses of legislation that
reference may be made to international law, or stating in treaties that in the
case of dispute, the matter may be referred to such-and-such non-Islamic court.
Criticizing sharee‘ah in public or in
private, such as saying that it is rigid, incomplete or backward, or suggesting
that it is incompatible with our times, or expressing admiration for
non-Islamic laws.
As regards the question of when ruling by
other than what Allaah revealed is kufr asghar, which does not exclude a
person from the ummah of Islam:
the answer is that this may be the case when
a ruler or judge passes judgement according to other than what Allaah revealed
out of disobedience or on a whim, or as a favour to someone, or because he was
bribed, and so on, although he believes that it is obligatory to judge
according to what Allaah has revealed, and that what he has done is a sinful
and haraam deed.
As regards the one who is governed by a
non-Islamic law, if he refers to it out of choice, then he is a kaafir whose kufr
akbar means that he has left Islaam. But if he has no choice but to refer
to this law, and does so reluctantly, then he is not a kaafir, because if he
had been able to resort to sharee‘ah, he would have done so, and he believes
that this non-Islamic law is false.
And Allaah knows best. May Allaah bless our Prophet
Muhammad Peace and blessings of Allah be upon him’.
|
Chapter FIVE
GUIDELINES ON PREPARING A ‘WILL’ AND TESTAMENT
ISLAMICALLY[31]
Writing and
preparing a Will is undoubtedly very important, especially in non-Muslim
countries, insuring that upon death, one’s wealth and assets are distributed
according to Shariah.
There are a
number of Islamic texts, both in the Qur’an and Sunnah, which point to the
importance of Will-making, for example:
Sayyiduna Abd
Allah ibn Umar (Allah be pleased with them both) narrates that the Messenger of
Allah (Allah bless him & give him peace) said: It is not befitting for a
Muslim who has something to make a Will of, to remain for two nights without
having one’s last Will and testament written and kept ready with one. (Sahih
al-Bukhari, no: 2587)
The narrator of
this Hadith (Abd Allah ibn Umar ibn al-Khattab) stated after hearing this from
the Messenger of Allah (Allah bless him & give him peace):
I did not let
even one night pass by except that my Will would be kept by me. (Musnad Ahmad,
2/4)
Making a Will
becomes even more important in non-Muslim countries, such as the United Kingdom
and US. The reason being is that, failing to leave a valid written Will can
result in the law of the land deciding on how your estate is to be distributed,
which obviously will not be in accordance with Shariah (Islamic law).
Therefore, it is
essential that all Muslims leave a valid written Will. Those who have, as yet,
not made a Will should haste and prepare a Will. Writing a Will is not only for
old people, rather all those who have reached puberty should quickly get their
Will prepared, for there is no guarantee of when one will die.
Below are simple
and brief guidelines with regards to preparing and writing a Will in the West:
The first and
foremost aspect worth noticing here is that many Muslims are mistaken in
believing that, writing a Will means distributing one’s wealth and estate
amongst the inheritors during one’s lifetime.
This is
incorrect, as making a Will does not mean one must divide one’s wealth amongst
the various inheritors in one’s life; rather, one must merely stipulate in the
Will that upon my death, my executors will distribute my wealth according to
Shariah. One may also state that this will be determined by a local Muslim
scholar or Mufti, who will be contacted and appointed by my executors upon my
death.
The reason behind
this is that the inheritance portions have been determined and allotted by
Allah Most High in the Quran. These portions vary according to who is alive at
the time of ones death. Death with leaving parents behind will differ from
passing away after the parents have passed away, in that the inheritance
portions will be different in both cases.
As such, one
cannot determine in one’s lifetime as to how much percentage of one’s wealth
will be exactly allocated to each individual, for one is unaware who will be
alive at the time of one’s death. Even the death of one person can make a big
difference in the division and distribution of the estate.
The beauty of
Shariah is its simplicity and certainty. When you are writing your Islamic
Will, you do not have to try and figure out which of your relatives will still
be alive when you die in order to make sure that they will receive something.
Whoever administers your estate will ascertain (in collaboration with a
knowledgeable scholar) which of your relatives are still alive and what fixed
shares they are automatically entitled to inherit by applying the criteria of
Shariah.
Moreover, it is
unlawful and invalid to make a bequest (Wasiyya) in favour of an individual who
automatically is entitled to receiving a share of the estate, such as one’s
spouse, children and parents, etc. The Messenger of Allah (Allah bless him
& give him peace) said in his historic sermon (khutba) of his farewell hajj
(haj al-Wada): Verily Allah has given each rightful person their right, thus
there is no bequest in favour of a inheritor. (Sunan Tirmidhi, no: 2120,
narrated by Sayyiduna Abu Umama al-Bahili)
The meaning of
this Hadith is that Allah Almighty has already fixed and allotted the shares of
those who are entitled to inherit from one’s estate. As such, if one was to
make a Will in their favour, one will be going against the shares fixed for
them in the Qur’an and Sunnah.
However, if one
wished to make a bequest/Will for a non-relative, or for a charity, then this
would be allowed (and rewarded), but only up to a third of one’s total wealth.
The remaining two thirds will be left to be distributed amongst the relatives
according to the fixed shares prescribed by Allah Most High. If one does not
make a bequest of up to one third of the estate, then all of the estate will be
divided between the surviving relatives. The Messenger of Allah (Allah bless
him & give him peace) forbade from making a bequest of giving one’s wealth
in charity which is more than one third, and regarding a third also, he stated:
And a third is also more (although permissible). (Sunan Tirmidhi, no: 2116)
The second point
to remember here, which is very important, is that one must distinguish between
a bequest/Will (wasiyya) and a gift (hiba). Many people fail to differentiate
between the two, thus a grave error is committed.
What a person
gives to another in one’s lifetime is considered a gift whilst attributing the
giving of something after one’s death is a bequest or Will (Wasiyya). For
example, if I give my house to a friend whilst I am alive, then that will be a
gift, but if I was to say that my friend will take ownership of my house after
I pass away, then that is a bequest.
At times, one
would like to distribute one’s estate amongst the children whilst one is alive.
This will be valid provided it is given as a gift and not a bequest, because to
make a bequest (or Will) for a relative who already qualifies to inherit is
invalid, as mentioned previously. As such, if one desires to distribute the
estate amongst the children whilst one is alive, then it does not have to be in
accordance with the Shariah laws of inheritance, for it is merely a gift.
However, the
question arises as to whether it is necessary to distribute the estate equally
between the children? The answer to this is that it is permissible to give the
male children twofold of that given to the female children, as it would have
been distributed as inheritance. It is also permissible to give all the
children, male and female, equal shares. However, to give less than this to the
daughters or to completely deprive them of any share, or to be unjust in the
distribution of the wealth among the sons, without a valid Shar’i reason, is
considered to be blameworthy and sinful. One will be sinful for favouring one
child over the other, although the gift will stand as valid.
Yes, if there is
an Islamically valid reason, such as one child being extremely disobedient or
involved in open sinning, it would be permitted to give him/her less. (See:
Radd al-Muhtar)
A point worth
noting here is that Islamically a gift is only valid and complete when the one
to whom the gift is given, takes full ownership and possession of the item.
Merely, registering it on one’s name is of no consequence in Shariah, hence the
gift will be considered invalid.
The possession in
houses and properties will be established by the giving of keys, removing of
furniture, and leaving no obstacles for the one whom the gift is given to come
and reside in the property. Many times it is observed that the father only
verbally says that this is your house, but he himself resides in the house and
it is considered to be his. This will not be a valid gift. A gift is such that
if the son was to say to the father: you must move out, he moves out without
any hesitation, and it is completely understood to be the son’s house.
Thirdly, there is
the issue of the husband and wife. If the house is solely owned by the husband,
then upon his death, it would be distributed among all the inheritors. Many
times it is observed that years pass by after the husband’s death and the
inheritance is not distributed. The deceased’s wife and some children keep
residing in the house without even thinking about distributing it. This is a
grave sin committed by all those who overlook this great injunction of Shariah.
If the house was
jointly owned by the couple, then in the event of one of the spouse’s death,
half of the house will remain in the ownership of the other spouse, and the
remaining half will be distributed. Thus, it would be wise for the couple to
have joint ownership of the house. This also should be made clear to all the
children, for being negligent in this regard brings about disputes and
problems.
Note that if the
inheritors give their consent in their mother or father residing in the house,
then this is permissible. However, what is necessary is that the shares are
distributed, and then they may give their consent in allowing their mother or
father to reside. However, one must be extremely precautious here, for all the
inheritors must consent to this from their heart and must not be pressurized
into it. If even one inheritor disagrees, his/her share will have to be given
to him/her.
The fourth point
to note with regards to inheritance is that at times the deceased makes a
unlawful and invalid bequest, such as saying that, my eldest son will take such
and such property, the other such and such, my daughter will take the house,
etc.
In this case, it
will be unlawful (Haram) and a grave sin for the relatives to distribute the
inheritance according to the bequest made by the deceased. The estate must be
distributed in accordance with the Qur’an and Sunnah.
Chapter six
QUESTION AND ANSWER SESSION ON SHARIA
LAW OF INHERITANCE
Can he divide his estate among his
heirs when he is sick[32]?
Please advise on this particular case:
“Family Structure: Father, Mother, 5 brothers, 2 sisters (All ALIVE, married, all men are working and all women are housewives)
Scenario # 1:
Father’s Assets: Property (land etc.) and any bank balance or ornaments, etc. in his name + a property bought by the father but registered in the name of three sons.
1:
a) Inheritance distribution of father’s assets as per Shariah shall be after his death only and cannot be earlier?
b) In his life he can distribute as per his own will?
c) What if he is medically not fit for such distribution in his life?
d) And given c as above need arise to make distribution thru demand of one or all? What would be the ruling?
e) What would be the ruling for the property actually bought by the father but registered in the names of three sons?
2: If the father founded a private limited company with designated shareholding would this business be liable to distributed vide inheritance?.
Praise be to Allaah.
Firstly:
Distribution of the estate can only come after the death of the one who is leaving it behind. This is the basic principle. The sick person may live for a while and need that wealth, or one of his children may die before him.
Secondly:
It is permissible for a man to divide his wealth among his heirs during his lifetime when he is in good health, so long as he does not intend to cause harm to some of the heirs, by withholding from some, or giving some less than they are entitled to for the purpose of harming them.
This is regarded as a gift from him to his children, and he has to treat them fairly, giving each male twice as much as each female.
Thirdly:
Gifts given during one’s final illness come under the ruling on bequests and can only be given from one third of the wealth. But it is not permissible to make a bequest to an heir, because the Prophet (blessings and peace of Allah be upon him) said: “Allah has given each person who has rights his rights, and there is no bequest to an heir.”
(This hadeeth was classed as saheeh by al-Albaani in Saheeh Abi Dawood).
The final illness is that in which it is thought most likely that the individual will die as a result of it. See: ash-Sharh al-Mumti‘, 11/101
Fourthly:
If the father is sick but it is not a final illness, then there is nothing wrong with asking him to divide the estate, especially as this will prevent disputes in the future.
But if it is his final illness or an illness that is affecting his understanding and decision-making, such as Alzheimer’s, then no one has the right to dispose of his wealth or to ask him, when he is in that state, to dispose of any part of his wealth.
Fifthly:
With regard to what the father registered in the name of some of his sons, and that was a gift for no real reason, then this is favouring one child over another, which is haraam. He should take it back from them or give the rest of his children something similar to what he gave those sons. If he dies without setting the matter straight, then those sons have to give back what was registered in their names and put it with the rest of the estate so that it may be divided among all the heirs.
If there was a reason for favouring these sons, such as if they were extremely poor or sick, then this is regarded as permissible by some scholars.
With regard to the second question, it is not clear what was meant by it. Perhaps you meant that the father appointed a company to distribute the inheritance. This may be based on what was said above. If the father was healthy then there is nothing wrong with that.
And Allah knows best.
Please advise on this particular case:
“Family Structure: Father, Mother, 5 brothers, 2 sisters (All ALIVE, married, all men are working and all women are housewives)
Scenario # 1:
Father’s Assets: Property (land etc.) and any bank balance or ornaments, etc. in his name + a property bought by the father but registered in the name of three sons.
1:
a) Inheritance distribution of father’s assets as per Shariah shall be after his death only and cannot be earlier?
b) In his life he can distribute as per his own will?
c) What if he is medically not fit for such distribution in his life?
d) And given c as above need arise to make distribution thru demand of one or all? What would be the ruling?
e) What would be the ruling for the property actually bought by the father but registered in the names of three sons?
2: If the father founded a private limited company with designated shareholding would this business be liable to distributed vide inheritance?.
Praise be to Allaah.
Firstly:
Distribution of the estate can only come after the death of the one who is leaving it behind. This is the basic principle. The sick person may live for a while and need that wealth, or one of his children may die before him.
Secondly:
It is permissible for a man to divide his wealth among his heirs during his lifetime when he is in good health, so long as he does not intend to cause harm to some of the heirs, by withholding from some, or giving some less than they are entitled to for the purpose of harming them.
This is regarded as a gift from him to his children, and he has to treat them fairly, giving each male twice as much as each female.
Thirdly:
Gifts given during one’s final illness come under the ruling on bequests and can only be given from one third of the wealth. But it is not permissible to make a bequest to an heir, because the Prophet (blessings and peace of Allah be upon him) said: “Allah has given each person who has rights his rights, and there is no bequest to an heir.”
(This hadeeth was classed as saheeh by al-Albaani in Saheeh Abi Dawood).
The final illness is that in which it is thought most likely that the individual will die as a result of it. See: ash-Sharh al-Mumti‘, 11/101
Fourthly:
If the father is sick but it is not a final illness, then there is nothing wrong with asking him to divide the estate, especially as this will prevent disputes in the future.
But if it is his final illness or an illness that is affecting his understanding and decision-making, such as Alzheimer’s, then no one has the right to dispose of his wealth or to ask him, when he is in that state, to dispose of any part of his wealth.
Fifthly:
With regard to what the father registered in the name of some of his sons, and that was a gift for no real reason, then this is favouring one child over another, which is haraam. He should take it back from them or give the rest of his children something similar to what he gave those sons. If he dies without setting the matter straight, then those sons have to give back what was registered in their names and put it with the rest of the estate so that it may be divided among all the heirs.
If there was a reason for favouring these sons, such as if they were extremely poor or sick, then this is regarded as permissible by some scholars.
With regard to the second question, it is not clear what was meant by it. Perhaps you meant that the father appointed a company to distribute the inheritance. This may be based on what was said above. If the father was healthy then there is nothing wrong with that.
And Allah knows best.
[34]I am often deluged with various questions from
people seeking legal pronouncements, and from amongst them, I was asked
concerning the permissibility of denying one’s offspring inheritance due to
their disobedience and disregard for their parents at times of dire need and
attention. Would it then be permissible to redistribute their share to those
offspring who actually took care of the parents?
Disobedience to one’s parents is a common
problem found within our community although Islam is unique in that it strongly
emphasises the rights of parents (over and above that of offspring), and grants
them a noble position. Allah says in the Qur’an,
‘And your Lord has decreed that you worship
none but Him. And that you be dutiful to your parents. If one of them or both
of them attain old age in your life, say not to them a word of disrespect, nor
shout at them but address them in terms of honour[35].’
It is a major sin for a person to either harm
or cause grief to one or both parents, however, excluding one’s inheritor from
his/her share in any assets left by the deceased is a grave sin, indeed, it is
considered one of the kabā’ir (major sins). Furthermore, to refuse an
inheritor his/her God given right is seen as a dismissal of the ruling of Allah
and His divine will. We find such a notion expressly stated in the Qur’an where
Allah the Most High, after discussing the shares allotted to inheritors, says,
“And whosoever disobeys Allah and His
Messenger and transgresses His limits, He will cast him into the Fire, to abide
therein; and he shall have a disgraceful torment[36].”
The Prophet (peace be upon him) said,
‘Allah has given each person who has rights
his rights, and there is no bequest for an heir[37].’
All jurists have unanimously agreed that it is
absolutely prohibited to deny an heir from his/her share. Once a person dies,
he/she has no right over worldly wealth and assets; in fact, none have a right
over the wealth of the deceased except Allah who distributes it in accordance with
His will as stated in the Qur’an. The renowned exegete Ibn Kathῑr stated, ‘This
is because he changed what Allah has ordained and disputed with His judgment.
Indeed, this is the behaviour of those who disagree with what Allah has decided
and divided, and this is why Allah punishes them with humiliation in the
eternal and painful torment.’ Abu Hurairah relates that the Messenger of Allah
(peace be upon him) said,
‘A man might perform the actions of righteous
people for seventy years, but when it is time to compile his will, he commits
injustice. So his final work will be his worst, and thus he enters the Fire. A
man might perform the deeds of evil people for seventy years, yet he is fair in
his will. So his final work will be his best, and he thus enters Paradise[38].’
Abū Hurairah then said, “Read (if you will):
‘And whosoever disobeys Allah and His Messenger (Muhammad SAW), and
transgresses His limits, He will cast him into the Fire, to abide therein; and
he shall have a disgraceful torment.’”
The very famous traditionalist (muhaddith)
Abū Dawūd al-Sajistani narrates in his compilation that Abū Hurairah relates,
in the chapter on ‘Injustice in the will’, that the Messenger of Allah said,
‘A man or a woman might perform actions in
obedience to Allah for sixty years. Yet, when they are near death, they leave
an unfair will and thus acquire the Fire.’
Abū Hurairah then recited the verse,
‘…after payment of legacies he (or she) may
have bequeathed or debts, so that no loss is caused[39].’’
In the proceeding moments after the death of
an individual, his/her assets are already assigned to their legal heirs
according to the Will of Allah. Therefore, writing a will whereby a legal heir
is unable to acquire that which Allah has bestowed upon him/her is equal to
theft, the shar’ii (legal) term being ghasb. In western
non-Muslim countries the writing of the will is merely a measure taken in order
to ensure that the distribution of assets is in accordance with Islamic law;
apart from this minor point, such a will has neither value nor meaning in the shari’ah.
Some people claim that several family members
are undeserving of inheritance and so they formally deny them of their share.
However, it is not for any human being to decide as to who is most deserving of
a share of the assets, for indeed, Allah is the best of judges.
In terms of disobedience to one’s parents, the
punishment for such disobedience lies with Allah and none but He can decide the
appropriate chastisement, but this does not include the denial of
inheritance. Abū Umāmah narrated that the Prophet (peace be upon him) said,
‘Allah has appointed for everyone who has a
right what is due to him and no bequest must be made to an heir[40].’
Being entitled to inheritance does not come
about through servitude to the departed; rather, it is a right that is secured
through the existence of a specific relationship with the deceased. A wisdom to
affording a legal heir deemed contemptible may be that it might cause a sense
of regret in the offender and alter his conduct and outlook. The inheritor
might start to supplicate or give charity on behalf of the deceased who will
inevitably be in dire need of even a single hasanah (good deed).
Depriving a legal heir from his/her share is
to increase the share of others with the share of the one who was deprived.
This is undoubtedly consuming the wealth of others without justified cause.
Allah staunchly forbids this, saying,
‘And eat up not one another’s property
unjustly (in any illegal way e.g. stealing, robbing, deceiving, etc), nor give
bribery to the rulers (judges before presenting your cases) that you may
knowingly eat up a part of the property of others sinfully[41].’
The one who receives the wealth of another
should refuse it, and if he has already received it he should endeavour to
return it to its rightful owner. It is totally prohibited for a person to make
use of wealth that does not belong to him/her.
In conclusion, there is much divine wisdom
underlying the prohibition of denying someone his/her legal share, but the
foremost point is that it is impermissible to alter what Allah has ordained.
Allah the Almighty says,
‘It is not for a believer, man or woman, when
Allah and His Messenger have decreed a matter that they should have any opinion
in their decision. And whoever disobeys Allah and His Messenger has indeed
strayed into a plain error[42].’
Question. A person died,
leaving behind his wife, both parents and two daughters. According to the rules
of distributing inheritance, their shares are more than the total estate.
How do we solve this problem?
Answer. There are cases where the shares
given to heirs may total more than the estate. They have a simple solution,
which is a proportionate reduction of all shares. How does this work in this
case?
According to the Islamic system of
inheritance, the man’s widow takes one-eighth, while each of his parents takes
one-sixth. The two daughters take one-third each. To work out this case and
give each of the heirs their respective dues, the total estate should be
divided into 24 shares, giving three shares to the man’s widow, four to each of
his parents, and eight each to his daughters. These shares total 27. They
cannot be taken out of 24. Therefore, we divide the estate into 27 shares
instead of 24 and give each of the heirs the shares mentioned above, i.e. 3 out
of 27 to the wife, 4 out of 27 to each of the parents and 8 out of 27 to each
daughter. This is known in the Islamic system of inheritance as awl.
But
the State mentioned should be an Islamic State, not an infidel one
like Nigeria. But what of joint property between wife and husband and one of
them dies leaving the other? Similarly there is the problem of joint ownership
with children, male or female. It is not clear with the modern economy, but
just a guide for jurists with the fear of Allah can adjudicate. May Allah help
the Muslims umma especially with the recent unfortunate incident of attempted
terrorist bombing, involving one of our own?
If a person kills one of his relatives
intentionally and unjustly, he does not inherit from him. But, if it was due to
some error, for example, if he threw a stone in the air and by chance, it hit
one of his relatives and killed him, he inherits from him. Nevertheless, it is
a matter of Ishkal for him to inherit from the diyah (blood money) for the
killing.
Whenever it is proposed to divide the
inheritance, as a precaution, the share equal to that of one son, should be set
aside for a child who is in its mother's womb, expected to be a son, and would
inherit if he is born alive (when it is expected that only one child will be
born) and the remaining parts should be divided among the others heirs. In
fact, even if the children in the womb are expected to be more than one, for
example, if the woman is expected to give birth to twins or triplets, as a
precaution, their shares should be set aside for them. And if, contrary to
expectation, one boy or one girl was born, then other heirs should divide the
surplus among themselves.
Chapter sEVEN
CONCLUSION:
Thus, the ultimate re-judgment
awaits, the promulgator of the Bill on Law of inheritance, the Judge who judges
according to man-mad laws and ones who were given more than their share of
inheritance (what they are due) in the hereafter. To Allah that is easy. Undoubtedly the one who promulgates laws himself
commits a greater act of KUFR and is more misguided than one who refers
to them for judgement.
Women are like men in some aspects and they
differ from them in others. Most of the rulings of Islam apply to men and women
equally. In cases where a distinction is made between the sexes, the Muslim
regards that as a mercy from Allaah and a sign of His knowledge of His
creation, but the arrogant kaafir sees it as oppression and injustice, so he
stubbornly insists on claiming that men and women are the same. So let him tell
us how a man can carry a foetus and breastfeed it? He stubbornly ignores
the weakness of women and how they bleed during their monthly period, and he
stubbornly beat his head against the rock of reality. But the Muslim is still
at peace with his faith, surrendering to the command of Allaah.
“Should not He Who has created know? And He
is the Most Kind and Courteous (to His slaves), All‑Aware (of everything)”
[al-Mulk 67:14 – interpretation of the meaning]
Finally, one must
make sure that one’s Will meets the requirements of the law of the land, for
failing to do this may well render one’s Will invalid. So in order to ensure
that one’s assets are distributed in accordance with the Shariah after one’s
death, one must write a Will, and that Will must comply with the requirements
of the country one is residing in. Therefore, it is advisable that one seeks
the advice of an expert practicing Muslim solicitor.
Having understood
the above general guidelines regarding Will-making, let us now look at how an
Islamic Will is written. Normally when making a Will, one would stipulate the
following:
- Revoking of all previous Wills.
- Naming the executors of the Will.
- Payment of funeral and burial
expenses.
- Payment of all debts connected to
the servants of Allah: After one’s death, paying off one’s debts is given
primary consideration. Thus, one’s leftover wealth will first be utilized
in repaying the debts, and then the remainder, if any, will be distributed
amongst the inheritors according to the Shariah. Note that this is with
regards to debts payable to the servants of Allah (and not with regards to
liabilities due by Shariah, such as unpaid Zakat, etc). Also, there is no
condition here of it being from only one third of one’s wealth.
- Payment of any bequest (Wasiyya):
This refers to any religious liabilities, such as unpaid Zakat, Fidya for
Salat, etc, and also anything that one would like to give in charity.
However, the condition here is that this is only permissible from one
third of one’s wealth.
It is worth remembering here that along with one’s written Will, one should have a separate document stipulating the number of unperformed prayers, missed fasts, unpaid Zakat, unperformed Hajj, any other religious obligations and debts payable to the servants of Allah.
One must strive in accomplishing these obligations in one’s life, and make the necessary amendments to the document whenever an obligation is fulfilled. For example: One had 500 unperformed prayers. In such a case one should stipulate this in the document. Thereafter, whenever, a prayer is made up, it should be deducted from the total of 500. This important document should be attached with the Will in order to let the relatives know of ones obligations and liabilities after one’s death.
- Distribution of the remaining two
thirds of one’s estate (or full, if one does not include no. 5) among the
inheritors in accordance with Sunni Islamic law, and in consultation with
a qualified local scholar or Mufti.
- Signing of the document by both
the Will-maker and the relevant witnesses.
Finally, the
responsibility of the relatives is that they haste in distributing the estate
of the deceased as quick as humanely possible. Being negligent in this regard
will be highly sinful. All the inheritors will be jointly responsible for this
distribution.
Also, when
totalling the deceased’s assets, the inheritors must include every big and
small item left behind by the deceased at the time he/she passed away, which includes
Properties, house, car, financial instruments, cash, gold, silver, clothes,
furniture, etc.
At times, people
overlook small items and give them away in charity without the prior consent of
all the inheritors, which is unlawful (haram). The permission and full consent
of all the inheritors must be sought before giving away any item to anybody.
I hope the above
has been helpful in simplifying the laws governing the great responsibility of
Will-making and inheritance. May Allah Almighty forgive our shortcomings and
keep us steadfast on his Deen, Ameen.
And Allah knows
best.
References
1) I
don’t have the modified OR ‘Reworked’ Gender Equality Bill but the
initial bill used FOR this article is accessible here: http://www.aacoalition.org/images/Gender_and_Equal_Opportunities_Bill_National.pdf
3) http://thenigerialawyer.com/senates-move-against-sharia-law-of-inheritance/
- THE SENATE’S MOVE AGAINST SHARIA
LAW OF INHERITANCE By Muhammad Mahmud Chiranchi qtrs, Kano State, muhd.muhammad@yahoo.com, meinagge@gmail.com
5)
http://www.premiumtimesng.com/news/top-news/200243-gender-equality-bill-will-reintroduced-saraki.html
6) https://islamqa.info/en/22239:
Applying laws which are not mentioned in the Qur’aan or Sunnah
7)
Does applying every law
that is not mentioned in the Qur’aan or Sunnah constitute kufr?
13) [1]
https://www.google.com.ng/webhp?sourceid=chrome-instant&rlz=1C1BLWB_enNG563NG563&ion=1&espv=2&ie=UTF-8#q=Miscellaneous+Rules+of+Inheritance
14)
https://islamqa.info/en/118135:
Ruling on promulgating manmade laws and Shaykh Ibn ‘Uthaymeen’s view on that
15) https://islamqa.info/en/428:
Inheritance from non-Muslims
16)
What is the Islamic
ruling on inheritance for Muslims whose parents are non-Muslim?
17) https://islamqa.info/en/428:
Inheritance from non-Muslims.
https://islamqa.info/en/974: The kufr of one who rules according to other than what Allaah revealed
https://islamqa.info/en/974: The kufr of one who rules according to other than what Allaah revealed
18) https://islamqa.info/en/974:
The kufr of one who rules according to other than what Allaah revealed
19)
https://islamqa.info/en/1105: Does Islam regard
men and women as equal?
20) Is
there a mention of the equality of women in the qur'an?
27)
Senators
fear Gender Equality Bill will turn women to prostitutes, lesbians --Senator
Abaribe April 13, 2016
[1]
https://www.google.com.ng/webhp?sourceid=chrome-instant&rlz=1C1BLWB_enNG563NG563&ion=1&espv=2&ie=UTF-8#q=How+Is+The+Wealth+Of+The+Dead+Distributed+According+To+Shariah
[7] The mother gets 1/3 of ¾ (that is after deducting the
wife's share). This follows a decision of the Caliph Umar.
[15] In these cases the daughter and son's daughter get
their Quranic shares while the sister takes as residuary.
[16] In these cases the daughter and son's daughter get
their Quranic shares while the sister takes as residuary.
[22] This is the case of himariyya or musharaka. The full
brother and the uterine sisters share the 1/3 share. See Fitzgerald Muhammadan
Law p.135 and Nawawi Supra, p.250.
[23] This is the case of Al-akdariya - see Tyabji
Muhammadan Law (3rd Edn.) p.874 and Fitzgerald Muhammadan Law p.128 and Nawawi
p.253 Supra, (p.22 supra)
[25] There is a doubt whether the son's daughters (who are
excluded as Quranic heirs) are nevertheless entitled to take as residuaries
together with the agnatic ascendant or collateral. See Fitzgerald Muhammadan
Law, p.124.
[26] In all these cases, as there are two daughters the
son's daughter cannot inherit as Quranic heir. She therefore takes as an
agnatic heir and shares the residu with the lower son's son.
[27] In all these cases, as there are two daughters the
son's daughter cannot inherit as Quranic heir. She therefore takes as an
agnatic heir and shares the residu with the lower son's son.
[28] As there is a "nearer" daughter, the share
of the son's son's daughter is 1/6 that is the remainder of the 2/3 share of
daughters.
[30] As there is a "nearer" daughter, the share
of the son's son's daughter is 1/6 that is the remainder of the 2/3 share of
daughters.
[33]
http://www.islam21c.com/islamic-law/2165-denying-inheritance-to-unworthy-offspring/
[40] Reported
by al-Tirmidhῑ. Similar ahādith are narrated by ‘Amr ibn Khārijah and
reported by Ahmad et al.
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