Friday, October 11, 2013

Fiqh of Inheritance, - The Importance of Inheritance

Allaah The Almighty has determined the obligatory shares of
inheritance Himself – a task which He entrusted neither to a close
angel nor to a sent Prophet. He determined the share of each heir in
the inheritance, which He showed in detail )in His Book(, unlike many
rulings which were mentioned in a general and brief way in the Book.
In addition, theSunnah)tradition( of the Prophet,sallallaahu 'alayhi
wa sallam,came to give a detailed explanation about these rulings,
just like the rulings regarding prayers,Zakaah)purifying alms(
andHajj)pilgrimage(.
In relation to the obligatory shares of inheritance, the verses of
inheritance were revealed in detail as shown in the beginning and end
ofSurat An-Nisaa'. Allaah The Almighty calls them His limits, and
promises to give a great reward to the one who abides by them and does
not transgress them, and threatens to punish the one who transgresses
them. He Says )what means(:}These are the limits ]set by[ Allaah, and
whoever obeys Allaah and His Messenger will be admitted by Him to
gardens ]in Paradise[ under which rivers flow, abiding eternally
therein; and that is the great attainment. And whoever disobeys Allaah
and His Messenger and transgresses His limits -- He will put him into
the Fire to abide eternally therein, and he will have a humiliating
punishment.{]Quran 4:13-14[
Ibn Katheer, may Allaah have mercy upon him, said,"There are
narrations that encourage learning the obligatory shares of
inheritance, the most important of which are these )mentioned in
verses 11-12(. In relation to this, it was narrated by Abu Daawood and
Ibn Maajah, may Allaah have mercy upon them, on the authority of
'Abdullaah ibn 'Amr, may Allaah be pleased with him, that the Prophet,
sallallaahu 'alayhi wa sallam, said:"Three things are essential to
learn, and what is beyond them is just favorably optional: a precise
)Quranic( Verse, a standing Sunnah )tradition( or a just prescribed
obligatory share )of inheritance(."]Weak narration[
The Prophet,sallallaahu 'alayhi wa sallam, ordered that the obligatory
shares of inheritance should be distributed among those entitled to
them. He said:"Distribute the property )of the deceased( among those
who are entitled to the obligatory shares )of inheritance( according
to the )laws of( the Book of Allaah, and what is left )from the
property( after distributing the obligatory shares should be given to
the closest male heir."]Al-Bukhaari and Muslim[
Scholars called the science of the obligatory shares )of inheritance(
half the knowledge. Ibn 'Uyaynah, may Allaah have mercy upon him,
said,"The science of the obligatory shares )of inheritance( is called
half the knowledge for all the people are in need of it."

No comments:

Post a Comment