Fathwa, - Inheritance of wife, mother and full sister

Question
Assalaamu 'Alaykum; Please calculate the inheritance according to the
following information -Does the deceased have male relatives who are
entitledto inherit: )A full paternaluncle( Number 4 )A cousin from a
full paternal uncle( Number 2-Does the deceased have female relatives
who are entitled to inherit : )A mother( )A wife( Number 1 )A full
sister( Number 1
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
If the deceased did not have any heirs except those mentioned in the
question, then the wife will get one-fourth of theinheritance due to
the lack of the children of thedeceased. In this regard, Allaah The
Exalted says)what means(: }And for the wives is one fourth ofwhat you
leave if you leave no child.{]Quran 4:12[
The full sister will get the half for Allaah The Almighty says )what
means(: }If a man dies, leaving no child but]only[ a sister, she will
have half of what he left.{]Quran 4:176[
The mother will get one-third for Allaah The Almighty says )what
means(: }But if he had nochildren and the parents]alone[ inherit from
him, then for his mother is one third.{]Quran 4:11[
Based on that, the estate should be divided into 13shares. Originally,
it is 12 shares but exceeded to 13 )because there is whatwe call in
Arabic 'Awl, which means that the shares of the inheritance)one fourth
3/12, one half6/12 and one third 4/12 =13/12( exceed the sum of the
total inheritance and by applying the laws of 'Awl the inheritance
will be divided into 13 shares)and not only 12 shares( 6shares for the
sister, 4 shares for the mother, and 3 shares for the wife.
Nothing will be given to the four paternal uncles because they inherit
onlyby Ta'seeb )i.e. by virtue of having a parental relation with the
deceased and they got what is left after the allotted shares have
beendistributed(. Here, the allotted shares have consumed the whole
estate and thus nothing remained for the paternal relatives. Also, the
two cousins will inherit nothing at all because, in principle, they
are prevented from the inheritance by the existence of the paternal
uncles.
Finally, we wish to notify the questioner that the issue of
inheritance is a very serious and dangerous matter. As such, it is not
sufficient torely solely on a Fatwa provided by a Mufti based on the
question heis asked. Rather, you must raise this issue in the Islamic
courts so that they might look into it and verify it. There mightbe an
heir unknown untilafter a proper investigation. Also, there could be
wills or debts or other obligations of which the heirs are unaware. It
is known that those rights precede the rights of heirs in the
inheritance, so it is not correct to divide the inheritance without
first consulting the Islamic courts, if they exist, in order to
confirm the rights of the living and the dead.
Allaah Knows best.

Weakness and ineffectiveness

A Muslim is commanded to pursue available means of attaining power and
to abandon weakness and ineffectiveness. The Prophetexplained that"a
strong believer is better and dearer to Allaah than a weak believer,
and there is good in each one. Cherish that which gives you benefit,
seek help from Allaah and do not lose heart."]Muslim[ Howis it that a
Muslim can become powerless or give up when he believesin the
existence of cause and effect, and in the balance that is set by
Allaah in the universe?
Physical or spiritual weakness is a negative trait that a Muslim
shouldavoid and get rid of. Allaah The Almighty instead urged His
slaves to actively pursue any course to achieve strength, for
instance, against the enemy, whenHe Said )what means(:}And prepare
against them whatever you are able of power and of steeds of war by
which you may terrify the enemy of Allaah and yourenemy and others
besides them whom you do not know ]but[ whomAllaah knows. And whatever
you spend in the cause of Allaah will be fully repaid to you, and you
will not be wronged.{]Quran 8:60[
The Noble Quran denounces those who are content with subordination and
lead alife of weakness and impotence, though they retain the ability
to change their state. AllaahThe Almighty Says )what means(:}Indeed,
those whom the angels take ]indeath[ while wronging themselves - ]the
angels[ will say, "In what]condition[ were you?" They will say, "We
were oppressed in the land." The angels will say, "Was not the earth
of Allaah spacious ]enough[ for you to emigrate therein?" For those,
their refuge is Hell - and evil it is as a destination.{]Quran 4:97[
Surely, those who are satisfied with such an inferior existence,
exposethemselves to humiliation, disgrace andthe oppression of
tyrants,as Allaah The Almighty tells us about Pharaoh, Saying )what
means(:}So he bluffed his people, and they obeyed him. Indeed, they
were]themselves[ a people defiantly disobedient ]of Allaah[.{]Quran
43:54[
In fact, nations whose constituents become weak, will surely be
disgraced and defeated, because the central issue here is they have
already crushed themselves spiritually. However, if people exhibit a
high morale, it will be all the more difficult to triumph over or
humiliate them.
The history of our righteous predecessors shows how they succeeded in
conquering virtually the whole world, when they were strong and proud
of theirreligion, and when they actively pursued the means of power.
Nonetheless, when their successors gave in to vulnerability and
impotence, their situation reversed.
We can observe this in the tale that is told of theweak Muslim who
surrendered and stayed still under the orders of the Tatar soldier who
he knew was going to find arock to kill him and sure enough, he
fulfilled his threat. We also found people who would justifyenslaving
members of the Ummah to its enemies, by mentioning their dire
circumstances or some underlying benefit.
Causes of weakness and ineffectiveness
- Loss of determination and lack of purpose
- Love of life and an inclination towards it, and hatred of death
- Deviant educational curriculum and corruptedmass media
This is the most vital catalyst of weakness. Thus, we find the enemies
of Islam conspiring to corrupt the Ummah by interfering in its
scholastic matters and invading it with depravity. They aim to tear
Muslim societies intoshreds and drown them in the mire of immorality
and materialism. Thus, a person will have no time to listen to
guidance or revisit religion. The broad policies of the enemies are to
replace mosques with nightclubs;wives with prostitutes; belief with
freedom of thought, or more precisely, disbelief; and fighting power
with different forms of pleasure.
In truth, whatever humiliation comes upon man because of others and
affects him externally, is better and easier to cure than the
humiliation that springs from within himself. And that is better than
the weakness that bursts from his own heart, because that is, indeed,
asevere malady, resulting in a slow death.
Therefore, a Muslim must abandon weakness and pursue means of power,
seeking the Help of Allaah The Almighty, without ever losing heart.

Roughness Leads to Disunity

Roughness is a dispraisedattribute that implies badmanners. It causes
disunity and estrangement among people and severs that which Allaah
The Almighty ordered to be maintained. Moreover, it has destroyed many
households and separated many families. Many people who may love each
other have nonetheless been afflicted with roughness and alienation
due to harsh tempers, ill treatment and a lack of gentleness in
tackling matters.
Roughness may be innateor acquired, and both arebad. A true believer
immediately sets himself aright by avoiding the causes and forms of
roughness. The Prophetsaid:"Whoever lives inthe desert will become
rough."]Ahmad and At-Tirmithi, At-Tirmithi - Hasan Saheeh[ This means
that if a person inhabits the desert, his nature will become coarse,
as man adopts the characteristics of his environment. In other words,
Westerners are rougher than Easterners, and the dwellers of deserts
and herders of camels are rougher than others.
It was narrated on the authority of Ibn Mas'oodthat the
Prophetsaid:"]True[ belief is overthere ]and he pointed with his hand
towards Yemen[, while roughness and harshness are the qualities of
those who own a great number of camels and drive them]noisily[ behind
their tails]to the direction[ where the two horns of Satan will appear
]in the direction of[ the tribes ofRabee'ah and Mudhar."]Al-Bukhaari
and Muslim[
It was also narrated on the authority of Abu Bakrthat the
Prophetsaid:"Bashfulness is from faith, and faith leads to Paradise.
Foulness is fromroughness, and roughness leads to Hell."]At-Tirmithi
and Ibn Maajah, At-Tirmithi - Hasan Saheeh[
Everything Has a Share ofIts Name
It is noticeable that there is an obvious relationshipbetween things
and theirnames, between man and the world around him, and between man
and the nature of his profession. Pediatricians, for example, may
differ from surgeons; the disposition of soldiers and troops may
differ from that of others, although a person is not allowed to
justify his roughness as a product of his nature, environment or work.
It is said that people did not disobey Allaah The Almighty except due
to false justifications.
The Quran Disparages Roughness
There are many texts thatdispraise and warn against roughness.
AllaahThe Almighty Says )what means(:
•}So by Mercy from Allaah, ]O Muhammad[, you were lenient with them.
And if you had been rude ]in speech[ and harsh in heart, they would
have disbanded from about you.{]Quran 3:159[
•}Then why, when Our punishment came to them, did they not humble
themselves? But their hearts became hardened, and Satan made
attractive to them that which they were doing.{]Quran 6:43[
•}So is one whose breast Allaah has expanded to]accept[ Islam and he
is upon a light from his Lord ]like one whose heart rejects it[? Then,
woe to those whose hearts are hardened against the remembranceof
Allaah. Those are in manifest error.{]Quran 39:22[
•}Has the time not come for those who have believed that their
heartsshould become humbly submissive at the remembrance of Allaah and
what has come down of the truth? And let them not be like thosewho
were given the Scripture before, and a long period passed over them,
so their hearts hardened; and many of them are defiantly
disobedient.{]Quran 57:16[
The Sunnah Forbids Roughness
Like the Quran, the Sunnah of the Prophetforbade roughness. It was
narrated on the authority of Abu Moosa Al-'Ash'arithat the
Prophetsaid:"Exalting Allaah The Almighty involves showing honor to a
grey-haired Muslim and to a person who memorizes the Quran without
acting extravagantly or roughly,and by showing honor toa just
ruler."]Abu Daawood, Al-Albaani - Hasan[ In another Hadeeth which
mentions the Hour, the Prophetsaid:"When the naked, barefooted and
rough people become heads of people, this is a sign of the
Hour."]Ahmad, Al-Bukhaari and Muslim[
It was also narrated on the authority of 'Aa'ishahthat the
Prophetsaid:"The most hated person in the sight of Allaah is the most
quarrelsome person."]Al-Bukhaari and Muslim[ The quarrelsome one is he
who behaves wickedly when he quarrels.
Also, it was narrated on the authority of Abu Hurayrahthat the
Prophetsaid:"Do not speak foul words, do not give your backs to one
another ]i.e., boycott or bear enmity towards oneanother[, do not spy
on one another, and do not override the sales transactions of one
another, and be, O slaves of Allaah, brothers."]Muslim[
It was also narrated on the authority of Abu Ayyoob Al-Ansaarithatthe
Prophetsaid:"It is not permissible for a Muslim to desert his brother
for more than three nights ]where[ when they meet, one turns away and
the otherturns away; and the best of the two is the one who greets the
other first."]Al-Bukhaari and Muslim[
What the Prophetforbade us from in this Hadeeth is certainly an aspect
of roughness. Similarly, it was narrated on the authority of Abu
Hurayrahthat the Prophetsaid:"It is not permissible for a Muslim to
desert his brother for more than three nights; whoever deserts and
then dies will enter Hell."]Abu Daawood, Al-Albaani - Saheeh[
Additionally, it was narrated on the authorityof Abu Khiraash
As-Sulamithat he heard the Prophetsaying:"If a person deserts his
brother for more than a year, this is considered as if he has shed his
blood."]Abu Daawood, Al-Albaani - Saheeh[
Finally, it was narrated on the authority of Sahl ibn Sa'dthat the
Prophetsaid:"A believer harmonizes withpeople and they harmonize with
him; andthere is no good in a person who neither familiarizes nor is
familiarized."]Ahmad, Al-Albaani - Saheeh and itmeets the conditions
stipulated by Muslim[
Allaah The Almighty, the angels and mankind, in general, hate
roughness and harshness. A believer, therefore, should avoid violence,
harshness, frowning, recklessness, ill treatment, undutifulness to
parents and ill thoughts. He should havegentleness, mercy,
righteousness, compassion and forbearance. Purification of the soul
precedes beautifying it.
A Muslim should strive hard to stay away from the causes and forms of
violence. Allaah The Almighty Says )what means(:
•}He has succeeded who purifies it, And he has failed who instills it
]withcorruption[{]Quran 91:9-10[
•}And those who strive for Us - We will surely guide them to Our ways.
And indeed, Allaah is with the doers of good.{]Quran 29:69[
A slave should resort to Allaah The Almighty and supplicate to Him -
perhaps Allaah The Almighty will guide him to follow the example of
the Prophet. The Prophetwas the most gentle of all people; he was a
smiling person andwould maintain the ties of kinship, help the weak,
support the destitute, serve guests generously and assist those
afflicted with calamities. Allaah The Almighty never fails a person
who adopts such a behavior, as Khadeejah the mother of the
believersstated.
Let us adopt the mannersof the believers, for a believer is simple,
accessible and easy. He submits to the truth, harmonizes with people
and people harmonize with him. Conversely, there is no good in a
person who is rough and harsh: a person who doesnot harmonize with
people, nor do they harmonize with him.

Hardness of Heart

The hard heart is that which contains a mixtureof harshness and
toughness; a heart that isvoid of submission and the sense of turning
to Allah The Exalted in repentance at all times. This is the severest
punishment ever. This is why the disbelievers are punished with having
a hard and harsh heart.
Maalik ibn Deenaar, May Allah Have mercy upon him, said in this
regard,"Allah The Almighty Punishes the wrongdoersin their hearts and
bodies as well. They are punished with a hard and miserable life and
laziness and indolence in carrying out acts of worship.
However, there is no punishment that is severer than having a hard
heart." ]Hilyat Al-Awliyaa'[
Furthermore, Imaam Al-Mar'ashi, May Allah Have mercy upon him,
stressed the same meaning saying, "No one was afflicted by a
severercalamity than having a hard heart." ]Hilyat Al-Awliyaa'[
Dear readers, let us ponder over what Allah The Exalted Says )which
means(:}Then your hearts became hardened after that, being like stones
or even harder. For indeed, there are stones from which rivers burst
forth, and there aresome of them that split open and water comes out,
and there are some of them that fall down for fear of Allah. And Allah
Is not unaware of what you do.{]Quran 2:74[
This verse refers to the story of the children of Israel and the
miracle of reviving the murdered man and to all the examples, warnings
and adversities that had befallen the Children of Israel. Those Divine
Miracles would cause huge mountains to shakeand solid rocks to
dissolve! Actually, it was worthier of their hearts to be softened by
such amazing miracles, yet they did not. Allah The Exalted Clarified
that their hearts had become more of rocks and even worse in hardness
due tothe fact that they rejected Imaan after knowing and
understanding the requirements of attaining Imaan and its conditions.
Hence, these hearts were like rocks and even worse in hardness.
Indeed, rocks are a good example that people use to indicate hardness.
Yet, Allah The Exalted Excluded some rocks from that absolute
hardness, but Did not Exclude the hearts of the children of Israel.
Allah The Exalted Says )what means(:}For indeed, there are stones from
which rivers burst forth, and there are some of them that split open
and water comes out, and there are some of them that fall down for
fear of Allah.{]Quran 2:74[
Let us reflect on this description of the one who has a hard heart.
Allah The Exalted Says)what means(:}… and his sin has encompassed
him…{]Quran 2:81[
This means that his sins and wrongdoings have encompassed him totally
from all sides until he was surrounded with his own sins and
wrongdoings from all directions. These sins andwrongdoings worked as a
separator that detached him from all that is around him. Undeniably,
this is clearly evident when a sinner does not repent of his sin, he
is tempted to commit it more and more. This incites him to preoccupy
himself exclusively and be whollytaken up with committing such sins
andeven graver sins and wrongdoings.
Hence, sins subdue and overwhelm such a persontotally and take hold of
his heart entirely. Accordingly, he becomes inherently inclined to
committing sins, liking and loving them, believing that this is the
ultimate and optimal wayto relish happiness and pleasure, disliking
all who would come on his way in attaining that fake happiness and
joy, and disbelieving anyone who would advise him toavoid such sins.
Allah The Exalted Says )what means(:}Then the end of those who did
evil was the worst ]consequence[ because they denied the Signs of
Allah and used toridicule them.{]Quran 30:10[
Regrettably, this man's sins become like a thick tent that screen
everything around him. He no longer senses or thinks of the fact that
Allah The Exalted Sees him all the time. He loses sight of the
enduring pleasures in Paradise, thepromised and anticipated punishment
in Hellfire, the evil schemes of the devil that are all set to mislead
Mankind, and the pity of the kind angels. Such a sinner fails to
notice all these facts while being wholly lost in his sins
andwrongdoings. The Prophet, sallAllahu 'alayhiwa sallam, said:"When
an adulterer commits illegal sexual intercourse,then he is not a
believer at the time he is doing it, and when a drinker of analcoholic
liquor drinks it, he is not a believer at thetime of drinking it, and
when a thief steals, he is not a believer at the timeof stealing, and
when a robber robs, and the people look at him, he is not a believer
at the timeof doing robbery."]Al-Bukhari[