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Questions on inheritance and Islam
Channel: Mohammed Hijab
File Size: 10.28MB
Episode Transcript ©
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This is what I was asked me. Because I don't want to misrepresent Islam. I want to understand the fact that that idea. Are you are you a Christian yourself? Yes.
That's very nice. Thank you. No, that's very good. No, no, thank you for the question I will answer your question.
There's two premises that are important to get started or to have as base premises. Before we continue our discussion about inheritance in Islam.
Premise one, the inheritance law in Islam is not
exclusive. It's not exclusively mentioned in the front. That's one premise to that the inheritance nowhere in the Quran or the Sunnah has to be only one it can be less than one and more than one
less than one I understand.
What do you mean by that?
Okay, for example, in the Quran, in chapter four verse 11, and 12 the ones that you were talking about
were salts you see come along theological executive Israel has been saying for incontinent he said I'm focused on attaining Fela hoonah through family metallic we're in Canada to our pilot and fella and miss when the other way he Nicola has a minimum a sudo, seven masaka inlandia con la Mola. Thank Candela hum wallet, fell oma sudo su Mathura.
Now, what is this verse talking about?
I'll tell you why. So let's take it step by step.
If a man, All he has is three daughters,
a person a man has three daughters.
Or let's say he has two daughters.
How much will those daughters like he doesn't have any parents, his parents are dead. He doesn't have any sons. Okay. And all he has his daughters. So how much of the inheritance will they get? They will get to such because it says Why? Because in the process we're in couldn't go and couldn't and he sat and focused and attaining follow her follow through.
If there were any women that were more than two, then two or more, two or more than they have two thirds of what he has given. so in this situation,
what happens to the rest of the inheritance
is less than one.
So you see, the prophet muhammad sallallahu alayhi wa sallam, he said, you can leave a third of the rest of the inheritance maximum, as I will see ya, and he says was through a sudo su or sudo su Cassius, one third and a third is, is a lot in fact. So in other words,
there are situations in the Sharia, where the inheritance can be less than one. For a situation where two or more daughters are left behind is two thirds of the inheritance and one third, we have to find out what to do with it, that's okay, we can go to charity, it's
not problematic at all. Now, the same thing applies if the inheritance goes over one.
Because the premise has never been that one is the total estate can only be can only represent the mathematical one in mathematics, the mathematical one in mathematics, nor in the Koran or in the sun, that doesn't say that that is the barometer for all inheritance, and that it has to fit a mathematical one had the Quran said that the that the inheritance has to be consistent with the mathematical one a hole in the mat in mathematics, and then it had given since there have been scenarios whereby that was not possible when under or over, then there would have been a contradiction in the Quran. But since the Quran doesn't make this Yeah, the Quran never says it has
to be over or under one.
So just to just to just answer this question, on the question of this has been us, because actually, it's called owl.
is a situation where we have that we have two things and something goes along with a unethical minbari you literally are one of the one of the one of
the profits friends and family Allium never thought he was asked about what happens when it goes over one. So he told us this situation, how would you define it? How would we divide? Okay? So in this situation, where you have two daughters
chamorros, let's say to two daughters, one wife, two parents, okay, so the two parents would get one six. So 216
plus one, six equal one third. Okay, the wife, the wife would get one eighth, and the two daughters will get two thirds, which means, which means this one and one eight. Okay, so what happens is, they'll have a board here, but the original denominator will be 24. So you have a denominator, the lowest common multiple is 24.
The lowest common multiple of those fractions is 24. So let me say what I mean by that. So what does one third
181 24 is the lowest common multiple. Now if we have one and one as the lowest common multiple, it changes to one to 27
because we're whereas all one third, and one eight, and one six can go into 24. When we're talking about No, you haven't, you have one and one eight as the as the total sum, which means
that the denominator has to be off 24, which is 27, which means it becomes an improper fraction comes over 1%. So whereas before the parents
Yes, exactly. It's nine over eight.
No, but if you're if you want to represent nine over eight, which is an improper fraction, in a way, which has a denominator which can fit all of the fractions in it, the denominator becomes 27.
So let's stick with nine over Eight. Nine over eight is a what is an improper fraction because the numerator is more than the nominator. Okay? If the numerator is more than the denominator, it's an improper fraction is one and one is no problem. So now we have to go back to our cake. Because if you think of the estate as a cake, or let's say, an apple, then what necessarily happens is everyone now gets a smaller portion of the case.
Yes, so 111, and one eight, or nine over a
denominator 27 becomes the new one. Okay. So one transfers to one, nine over eight. So which means I've become so now, instead of the parents getting one over one, or one six each, they'll get less than that, instead of the wife getting one eighth, she'll get less than that, and so on and so forth. So everyone's share decreases, just like if, for example, it went under one one, everyone showed increase. So I understand that. Yeah. So if
I needed someone who doesn't understand that,
it seems that something doesn't add up. Yes. And of course, mathematics is something that can be objective. So I was wondering,
how Muslims, how would you?
Thank you for explaining that to me.
That's fine. No, that's why so the point is this is that the premise is never that is one was the a barometer of all mathematical consistency that we have, it can go over one, it can go under one. So that's, in most cases, and this is a reality that it will fit in one. In most cases, I would say over 95% of cases. These are anomalous cases that we've talked about where it goes on to overwhelm because usually people have, let's say, sons, if they don't, if they have sons, it's usually an easy equation, because the son gets half, etc, whatever, get the son away. Now you have
the wife, the and by the way, this is really interesting. Let me tell you why. One of the common attacks against Islam is that the inheritance law for a man is more than it is for a woman.
I know, but it's not really true. Because in some cases, like, for example, we just talked about a situation where the man and the woman get the same, because the father and the mother get 130 or 160 inch, 130 inches, there's no sun at 160 inch if there is a sign. So let's say 160 inch, and the situation, the biggest proportionality of any inheritance given to any subgroup is that which is given to two or more females, which is more than that, which is given two sons, by the way. So when, because there's no verse in the Quran which says if if two or more sons, etc, then they have two thirds.
But then, that's the son gets Yes, half. Yes, yes.
Yes, yes, yes. That's not the right thing to say. Be that the son gets the most out of the inheritance of all all inheritance. Not that men get more than women. Because in some cases, men get what a woman men get more
The women in some cases when we get more than men and other cases they get the same. Yeah.