Inheritance & Will

Allah سبحانه وتعالى has prescribed the inheritance laws in The Holy Quraan and declared them as His Limits (Hudood). It is therefore imperative upon the believers to observe these laws strictly at the time of distribution of the inheritance of a deceased relative. The fear of Allah سبحانه وتعالى and determination to please Him should be the dominant intention at such an occasion as deviation from the laws of Allah سبحانه وتعالى would attract His anger and wrath. The distribution of the inheritance is dependent upon the kinship and number of eligible relatives alive at the time of the death of a person and is thus peculiar for each family. Thus the person responsible should be fully conversant with the eligibility criteria or should consult an Islamic scholar (Mufti) for determination of individual portions. Following are some important point of note: There is define prescribed share of the women and children in the inheritance and no attempt should be made to deprive them off their share. A will can be made by a wealthy person before his death for a maximum of one third of his property to be distributed to non-eligible needy relatives or spent in charitable causes. The inheritance laws will be applied to his property after deduction of the share of the will. The will cannot be made for the remaining two third whose distribution is fixed by the inheritance laws (Reference: Ibn-e-Kathir). In case, no will is made, the inheritance laws will be applicable to the total property. Even then, at the time of distribution of property, if some needy relatives, orphans or poor people are present, they should also be given some share by the eligible relatives as an act of charity. A sense of sacrifice for others should generally prevail at these occasions.