Concerning issues and parents without issues, husband and wife, shares of sisters and brothers in case of no issues, punishment for breaking the law.

An-Nisa’ Verses 11 – 14

يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِنَ اللَّهِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا

“God enjoineth1you about your issues! the male shall have the equal of the shares of two females and if they be females (only two and) more than two, then they shall have two thirds of that which (the deceased) hath left; but if she be an only daughter, she shall have the half; and the father and the mother of the deceased shall each of them have a sixth part of what he hath left if he hath an issue but if he hath no issue and his parents be his heirs then his mother shall have the third; and if he2hath brethren his mother shall have the sixth, after paying the bequest he shall have bequeathed and his debt; As to your father or your issues, ye know not which of them is the most advantageous to you; (these assignments are) an ordinance from God; Verily, God is All Knowing, All-Wise3.” (4:11)

وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ مِنْ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ وَصِيَّةً مِنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَلِيمٌ

“For you, shall be half of what leave your wives if they have no issue, but if they have an issue, then for you shall be a fourth of what they leave after paying the bequest they had bequeathed and the debt; And for them4shall be a fourth of what ye leave if ye have no issue, and if ye have an issue then for them (shall be) the eighth of what ye leave after paying the bequest ye had bequeathed and the debt5; and if a man or woman leaveth (his property) to be inherited by (not the lineage6but) any side relation7and he8or she9hath a brother or a sister each of these two shall have the sixth; but if there be more than this, then they10shall be sharers in the (one) third after (paying) the bequest he11had bequeathed, and the debt, without loss (to anyone); this is an Ordinance from God; and Verily, God is All-Knowing, the Most Forbearing.” (4:12)

تِلْكَ حُدُودُ اللَّهِ وَمَنْ يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا وَذَٰلِكَ الْفَوْزُ الْعَظِيمُ

“These are the limits set by God; and whoso obeyeth God and His Apostle (Muhammad), him will God admit into gardens beneath which flow rivers to abide therein for ever; and this is a Great Achievement.” (4:13)

وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُهِينٌ

“And whoso disobeyeth God and His Apostle (Muhammad) and transgresseth His limits, him shall God admit in Hell-fire, to abide therein and for him shall be a shameful torment.” (4:14)

Commentary

Verse 11-12

The brevity with which the law of inheritance has been worded, comprehending the interest of every one of the nearest relatives survived by the deceased, is wonderful. In these two verses the question of the distribution of the wealth of the deceased is solved12.

Verses 8:75 and 33:6 to be taken as the principal standard for preferring the blood relationship in inheritance to all other relations recognised by Islam, and in the blood-relationship the closer prevents the remoter. The persons in the lineage prevent the side-relations. Among the side-relations those closer to the lineage prevent the remote ones. The Paternal and the Maternal (combined) prevent those who are only Paternal or only Maternal. In inheriting the temporal or the worldly wealth, close relationship plus ‘Imaan’ (faith) is the need. To inherit spiritual position and attainment, besides relationship and faith, the purity of mind and heart are essential. Nevertheless, the Temporal Power totally deprived ‘Ali and Fatimah of their heritage from the Holy Prophet, although Fatimah was the daughter of the Holy Prophet and the bequest to her was made by the Holy Prophet himself during his very lifetime and Fatimah the Lady of Light claimed her right to her legitimate heritage. (A.P.)

The full legitimate rights of Fatimah, the daughter of the Holy Prophet, were denied to her quoting something diametrically opposed to the Holy Qur’an and assigning the saying to the Holy Prophet, which none else, not a single soul besides the Denier, knew. The Holy Prophet had already declared the criteria for the scrutiny of any saying assigned to him after his departure from this world, and believing in it, that the saying to be compared to the Word of God, the Holy Qur’an and if it agrees fully with it, to be accepted as genuine and if otherwise to throw it on the wall, i.e., to reject it away.

The saying quoted by the Denier of the right of Fatimah is diametrically opposed to the Holy Qur’an. This fact was recognised by a later temporal authority Omar Ibn Abdul Aziz who ruled out the decree of the denial and restored ‘Fadak’ (the garden) which belonged to Fatimah, and which was denied to her, to the ‘Saadaat’, i.e., the descendants of the Holy Lady. However, Fatimah departed from this world deprived, displeased and hurt at the violation of the Qur’anic law.

Verse 13-14

These two verses give out the reward for abiding by the laws as well as the punishment for transgressing them.

• 1. Regarding inheritance.
• 2. The deceased.
• 3. In this single Verse the Law of Inheritance has been wonderfully synthesized. For details see Fiqh.
• 4. Wives.
• 5. Ye incurred.
• 6. His parents or his issues.
• 7. Ar. ‘Kalalah see Verse 4:176.
• 8. The deceased.
• 9. The deceased.
• 10. All of the sisters and brothers.
• 11. The deceased.
• 12. For details of the laws governing inheritance, Refer to ‘Fiqh’.