Bequeath a third to adopted child.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Assalmualikum Warahmarullah
May Allah guide me amd you.
I read your answer regarding adoption of child in Islam.
But now a days there is a trend in people adopting orphan or other children in
good spirit but also to avoid distribution of their wealth to others post
his/her death to deny rightful waris(per Sheria Laws) claiming it after his
death.
As per my reading in some Ahdiths, a momin cannot donate
or assign in his Will more than more than 1/3rd of his total wealth to
charities and/or to adopted children or others such that people who are
supposed to be getting this post his death are not denied their right to
his/her wealth/properties.
I will appreciate your elucidation on this so that all are
guided to right path.
May Allah bless us.
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Bequeath a third to
adopted child
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verses 11-14:
11 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.
12 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.
13 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.
14 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.
The legal heirs or the ‘ashaab ul-faraidh’ of any
believing deceased whose share of inheritance is specifically prescribed by
Allah Subhanah are:
- The
father of the deceased
- The
mother of the deceased
- The
spouse of the deceased
- The
son/s of the deceased
- The
daughter/s of the deceased.
….and the share of these listed ‘ashaab ul-faraidh’ can
never ever be compromised.
Malik related from Ibn Shihab from Amir ibn
Sad ibn Abi Waqqas that his father said, "The Messenger of Allah (saws) came
to me to treat me for a pain which became hard to bear in the year of the
farewell hajj. I said, 'O Messenger of Allah (saws), you can see how far the
pain has reached me. I have property and only my daughter inherits from me.
Shall I give two thirds of my property as ‘sadaqa’?' The Messenger of Allah
(saws) said, 'No.' I asked 'Half?' He (saws) said, 'No.' Then the Messenger of
Allah (saws) said, 'A third, and a third is a lot.’”
Shariah Law dictates that the absolute maximum one is
permitted to bequeath of one’s wealth in a will to be distributed to someone or
something (other than one’s legal heirs) after one’s death, is one-third.
Thus if the legal heirs can bring themselves to accept
that the wealth in its entirety belonged to their deceased loved one, and if he
had so willed, he was well within his rights in his life to gift his wealth to
whomsoever he pleased! Allah and His
Messenger (saws) have given the right to the believers to bequeath a third of their
wealth through a will to be given to anyone they wish other than their legal
heirs (be it a charity, or to his friends, or to his adopted children,
etc.)….and the balance two-thirds is the right of his surviving legal heirs.
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan
Wister