Surah 1-2 - YasSarNal QuR'aN

Al-Baqarah (The Cow) | SOCIAL JUSTICE AND FASTINGforgiving, merciful.” (Verses 180-182)Before the revelation of the verses in Sūrah 5 specifying the exact share ofinheritance due to each heir, it was an incumbent duty on Muslims to make a will infavour of parents and other near of kin. The Arabic term khayr, translated here as“property”, also means “good” and “goodness”, and some commentators interpret itto denote wealth generally.Scholars differ, however, as to the minimum amount of wealth for which drawingup a will becomes obligatory. The majority view is that this is decided by convention.Assets ranging in value between sixty and a thousand dīnārs have been mentioned,but surely this must differ from one generation to another and from one society toanother.The Qur’ānic verses, 4: 11, 12 and 176, specifying shares for the distribution ofinheritance were revealed at a later date than those under discussion here. Thoseverses make parents legally entitled to specific shares of their departed children’swealth. Hence, no bequest by will may be made to them. The Prophet established therule that no will may be made in favour of an heir. As for other relatives the presentrule holds in general terms, except for relatives who are named as heirs in therelevant verses on inheritance in Sūrah 4. All other non-inheriting relatives may beincluded in a will. This is the view of a number of the Prophet’s Companions andtheir successors, to which we subscribe.The provision of including non-inheriting relatives in one’s will is extremelyperceptive because it benefits, in particular, those relatives who are not assigned ashare or entitled to any inheritance. Providing for them through a will strengthensfamily ties and promotes the welfare of the family.In this way equitable distribution of wealth is guaranteed: heirs are not wronged,and other relatives are not ignored. A will should be made combining moderation,kindness and benevolence. As an additional measure, the Prophet specified that amaximum of one-third, and preferably a quarter, of the inheritance may bebequeathed by will. This ensures that the rights of natural heirs are not unfavourablyaffected by the will. These legal measures are reinforced, as is the case with all sociallegislation in Islam, by a positive fear and consciousness of God Almighty.Anyone having knowledge of the contents of a will who, after the death of thetestator, gives himself the right to alter any of its details will be guilty of gravemisconduct. The deceased would bear no blame for such unauthorized alteration. “Ifanyone alters a will after having come to know it, the sin of acting thus shall fall only on thosewho have altered it. God hears all and knows all.” (Verse 181) God will be the witness tothe deceased’s innocence as well as to the guilt of those who tamper with the will,and He will deal with each of them accordingly.198