In the name of Allah, the Beneficent, the Merciful.

Allah Subhaanahu wata’aala says in the Holy Quraan.

“(These shares for children and parents have been determined by Allah Himself), you do not know which of them, whether your parents or your children are nearest to you in benefit. And certainly Allah is All-Knowing, All Wise”.

The Rasool (s.a.w.) said: “It is not right for a Muslim who has something to will, to stay for two nights without having his will written and kept ready with him.” (Bukhari)

The topic of INHERITANCE is one of the most important, and at the same time, one of the most controversial subjects in Islam today. It is certainly an inevitable matter, since each and everyone of us is going to die and return to Allah. And directly connected to death, is the subject matter of Inheritance. And just as everything else in life, we, as Muslims, as believers, are supposed to be making the necessary preparations with regards to our property and that of inheritance. But, like so many areas in our life, can we say that we are doing just that? Are we making preparations with regards to our last will and testament?

This is a subject that many take lightly. Statements such as “I still have time” or “This is not so important yet” or “I don’t have anything really to leave in a will” have been made. But the Messenger of Allah (s.a.w.) has said, “Do not let two nights pass upon you and you have not prepared your will”. How many nights have passed upon us? Where is our will?

Every one of us knows that it is our right and obligation to fulfill our duties to Allah. But how many of us know that it is an equal right that we fulfill our duties toward people? As a result of this, it has been mentioned that Allah may forgive a man for his neglect to perform Allah’s rights, but he who usurps the rights of men will not be forgiven until that oppressed one forgives him first. This is why it has been stated that he who dies without repaying his debts will have his good deeds suspended. Why? It is because he has failed to fulfill his rights upon another.

It is our right and duty that we prepare a will before death comes upon us. Failure to do so will result in failure in the fulfillment of our duties upon our Muslim brothers and sisters. This is why our Noble Prophet (s.a.w.) has highly emphasized the importance of acquiring the Knowledge of Inheritance. The Messenger of Allah (s.a.w.) has said: “Learn the Knowledge of Inheritance because it is a part of your religion.”

The Rasool (s.a.w.) has also said: “Acquire Knowledge of the laws of Inheritance and teach others, for it is half the knowledge of Deen which may be forgotten if it is not learnt and taught.”

He (s.a.w.) has also said: “The first Knowledge which will be taken away from my Ummat will be the Knowledge of Inheritance.”

Could it be that this knowledge is already leaving us Na’oozubillah? If we fail to apply and implement the laws of Inheritance, which Allah Himself has decreed upon us, then Allah will certainly remove that Knowledge.

In the face of this reality, one is to exercise the utmost care in the division of Inheritance amongst the rightful heirs of the deceased. It is also essential that we recognize what exactly will be considered the property of the deceased. It is stated that even the grain found in the pockets of the deceased will be part of Inheritance. Even the clothing upon the deceased body will be part of Inheritance.

Once a pious man was in the company of a believer when he died. As soon as he realized the man had died, he immediately blew out the lamp at the bedside. He said the lamp and its oil were now possessions of the heirs and he did not have their permission to use the lamp, and his doing so would have been considered as seeking benefit with that which does not belong to him. Something to think about, isn’t it?

The knowledge of the Laws of Inheritance have been made accessible to every believer, since Muslim jurists have codified and documented the knowledge of Inheritance under the topic ‘Ilm ul Faraaiz. The world at large recognizes the Islamic law of Inheritance, since it has been quoted that “the Islamic law of Inheritance comprises beyond question, the most refined and elaborate system of rules for the division of property that is known to the civilized world.” No other religion is noted for its exact and fair distribution, Allah Himself has stipulated each share to its respective inheritor.

Allah says in the Holy Quraan: “You know not which of them, whether your parents or your children are nearest to you in benefit.”

But Allah Subhaanahu wata’aala is ‘Aleem, All-Knowing and Hakeem, All-Wise. In another ayat, Allah orders us to be fair and just in our will and testament and not to deprive an heir from his rightful share nor change that portion which Allah Himself has fixed. Rasool (s.a.w.) said: “Allah has given each his fixed due right.”

And Allah Himself says in the Holy Quraan: “These are the limits set by Allah and whosoever obeys Allah and His Messenger (s.a.w.), will be admitted to Jannat under which rivers flow to abide therein, and that is a great success. And whosoever disobeys Allah and His Messenger (s.a.w.) and transgresses His set limits, He will cast him into the Fire, to abide therein, and he shall suffer a disgraceful torment.”

Allah Himself has fixed each inheritor’s share, whether it is 1/4 or 1/3 or 1/8 etc. No other subject in Islam, not even Salaat, the first accountable action of the believer, has been dealt with in such explicit details. And Allah in His Infinite Wisdom and Knowledge knows why He stipulated each share.

Allah has ordered us to be fair in our will. But without Allah’s guidance, could we really be just to our heirs? Who, in our eyes is more deserving? Is it our parents, our spouses, or is it our children? Allah tells us that we don’t even know this, so how can we be fair and just if we don’t know who is most deserving as heirs.

So Allah has blessed the believers with the knowledge of the Laws of Inheritance, which Allah has decreed Himself, so that we can be fair to our heirs. To dispute with this knowledge, or to divide contrary to it, is a sign of open disobedience and refutation with Allah. He who goes against, that which Allah has ordered has certainly disputed with Allah concerning His decision and division of Inheritance.

The Prophet (s.a.w.) has said: “Surely Allah has given every person his (or her) right.”

So it is NOT OUR RIGHT to oppose what Allah has ordained. To do so will result in an unjust will and a major sin, for which one will be held, accountable. This is why Allah has decreed the division, for had it been left upon us, we would have certainly been unjust. So Allah has saved us from this plight and decreed each and every heir his right. Yet another of Allah’s mercy upon us!

So every legatee who is going to leave this mortal world should do his best to refrain from such evils, as the changing of the portions, which Allah has decreed, during the last moments of his life. For there is no going back, no repentance, when the pangs of death are upon us.

O Muslims, who amongst you DARE to dispute with Allah? Who amongst you has the audacity to contradict Allah’s Laws when they have been so carefully and specifically decreed? Let us stop and think about our actions before it’s too late. As humans, emotions tend to over ride our rational thinking and we say, “I leave everything to this son, who cared for me” or “I have disowned that daughter”. Stop! Muslims, do not transgress Allah’s law for Allah has said about such a person: “He will cast him unto the fire ... he shall have a disgraceful torment.”

The Messenger of Allah (s.a.w.) has said: “A man might perform the actions of the righteous people for 70 years, but when it is time to compile his will, he commits injustice. So his final work will be his worst and he thus enter the fire. A man might perform the deeds of evil people for 70 years yet he is fair in his will. So his final work will be his best, and thus he enters Paradise.”

We have been striving each day to increase our good deeds. Let our end not be that because of an unjust will, all our amals go in vain and we end up in the fire. Na’oozubillah. Let us continue to increase our amals, and let us also obey Allah in our final duty, prepare a will and let it be just and fair according to the decree of Allah.

LEARN THE ILM OF INHERITANCE. Ameen