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:

Inheritance

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and who-ever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your comment: What are the rights of a son with respect to inheritence?

This depends on who else among the family of the deceased is alive. I’ll try to give a couple of examples:

Example a: Deceased had 1 son, a wife, a mother, and a father. The shares

would be as follows:

The father gets 1/6th.

The mother gets 1/6th.

The wife gets 1/8th.

All the rest goes to the son.

Example b: Deceased had 1 son, a wife, and no parents. The shares will be as follows:

The wife gets 1/8^th

The son gets all the balance 7/8th.

Example c: Deceased had 1 son, no wife and no parents. The shares will be as follows:

The son gets all the wealth.

Example d: Deceased had 1 son, 1 daughter, no wife and no parents. The shares will be as follows:

The Daughter gets 1/3rd.

The Son gets 2/3rd.

Thus it depends on the combination of the living heirs of the deceased to determine exactly how much inheritance goes to each heir.

Your comment: Can a father assign a will to any one child ?

A father cannot assign a will to any one child under any circumstances. The Islamic inheritance law is extremely clear in the Holy Quran, and anyone who tries to play or change the inheritance of the heir will be involved in a grave sin and will be accountable to Allah on the Day of Judgment.

After clearly stating the inheritance law in Chapter 4 Surah Nisa verses 11-12, Allah says

regarding the rewards and punishments of the ones who do and do not follow the laws prescribed by Allah in the Quran.

Allah says in the Holy Quran Chapter 4 Surah Nisa verses 13-14: These are the limits prescribed by Allah: whoever obeys Allah and His Messenger, Allah will admit him into the Gardens underneath which canals flow, wherein he will live for ever. This is the great success. And whoever disobeys Allah and His Messenger and transgresses the limits prescribed by Allah, Allah will cast him into the Fire, wherein he shall abide forever, and shall have a disgraceful chastisement.

In Islam, a person cannot disown a child or any heir to keep him away from his inheritance under any circumstances.

The maximum amount a person can will is 1/3rd of his wealth. This maximum 1/3rd can be willed to anybody who is not a heir of the person.

I have come across this question and its reply.

Can you please show us where it is written that that the property of a son should be distributed like this.

(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:

Inheritance proof from quran

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.

Your Questions: Can you please show us where it is written that that the property of a son should be distributed like this.

The basic Law regarding the shares of inheritance are Decreed by Allah Subhanah and derived from the following Aayahs of the Noble Quran:

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:

11 Allah (thus) directs you as regards your chldren'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.

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