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Friday, October 11, 2013

Fiqh of Inheritance, - The Wisdom Behind Prescribing Inheritance

Allaah The Almighty has honored man in this worldly life and preferred
him over many creatures, as confirmed by His Statement )which
means(:}And We have certainly honored the children of Aadam )Adam( and
carried them on the land and sea and provided for them of the good
things and preferred them over much of what We have created, with
]definite[ preference.{]Quran 17:70[
Man has been made a successor to authority, which makes him in need of
the means that guarantee his survival, maintain his succession to
authority and sustain his worldly affairs.
Allaah The Almighty has made property a means of sustenance, as shown
in His statement )which means(:}And do not give the weak-minded your
property, which Allaah has made a means of sustenance for you.{]Quran
4:5[
Money sustains the worldly interests of people, and it is the means by
which they fulfill their requirements. Man needs it as long as he is
living, and once he dies, he no longer needs it. Thus, it is necessary
to have a successor and a new owner of his property. If the new owner
is someone who is capable of taking the property by force and
overpowering others, then, it would lead to mutual hatred and disputes
among people, and inheritance would be subject to power struggles and
strife. If, on the other hand, the property is assigned )after one's
death( to cats, dogs, and domestic animals -- which is sometimes the
case in some laws -- surely, the people's benefits and interests will
be lost and their needs will not be met.
For this reason, theSharee'ah)Islamic legislation( has assigned
inheritance to the deceased person's relatives so that people would
rest assured of the destiny of their property, as they are naturally
eager to benefit those with whom they have a strong relationship of
blood, marital relation or allegiance. If a person dies and leaves
property, according to the IslamicSharee'ahthat takes into
consideration all the benefits of people, it should be distributed
among his relatives with justice. This means distributing the
inheritance beginning with the closest and then the next of kin to him
and so on, like the children, the father and those next to them in the
degree of kinship. Allaah The Almighty Says )what means(:}This day I
have perfected for you your religion and completed My favor upon you
and have approved for you Islam as religion.{]Quran 5:3[

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