May 25, 2015 Inheritance

Write A Will

[2:180] It is decreed that when death approaches, you shall write a will for the benefit of the parents and relatives, equitably. This is a duty upon the righteous.

[2:181] If anyone alters a will he had heard, the sin of altering befalls those responsible for such altering. GOD is Hearer, Knower.

[2:182] If one sees gross injustice or bias on the part of a testator, and takes corrective action to restore justice to the will, he commits no sin. GOD is Forgiver, Most Merciful.

Witnessing A Will

[5:106] O you who believe, witnessing a will when one of you is dying shall be done by two equitable people among you. If you are traveling, then two others may do the witnessing. After observing the Contact Prayer (Salat), let the witnesses swear by GOD, to alleviate your doubts: "We will not use this to attain personal gains, even if the testator is related to us. Nor will we conceal GOD's testimony. Otherwise, we would be sinners."

[5:107] If the witnesses are found to be guilty of bias, then two others shall be asked to take their places. Choose two persons who were victimized by the first witnesses, and let them swear by GOD: "Our testimony is more truthful than theirs; we will not be biased. Otherwise, we will be transgressors."

[5:108] This is more apt to encourage an honest testimony on their part, fearing that their oath may be disregarded like that of the previous witnesses. You shall observe GOD and listen. GOD does not guide the wicked.

Women’s Inheritance Rights

[4:7] The men get a share of what the parents and the relatives leave behind. The women too shall get a share of what the parents and relatives leave behind.Whether it is a small or a large inheritance, (the women must get) a definite share.
[4:8] During distribution of the inheritances, if relatives, orphans, and needy persons are present, you shall give them therefrom, and treat them kindly.

If No Will Is Left*

[4:11] GOD decrees a will for the benefit of your children; the male gets twice the share of the female.* If the inheritors are only women, more than two, they get two-thirds of what is bequeathed. If only one daughter is left, she gets one-half. The parents of the deceased get one-sixth of the inheritance each, if the deceased has left any children. If he left no children, and his parents are the only inheritors, the mother gets one-third. If he has siblings, then the mother gets one-sixth. All this, after fulfilling any will* the deceased has left, and after paying off all debts.When it comes to your parents and your children, you do not know which of them is really the best to you and the most beneficial. This is GOD’s law. GOD is Omniscient, Most Wise.

Inheritance For the Spouses

[4:12] You get half of what your wives leave behind, if they had no children. If they had children, you get one-fourth of what they leave. All this, after fulfilling any will they had left, and after paying off all debts. They get one-fourth of what you leave behind, if you had no children. If you had children, they get one-eighth of what you bequeath. All this, after fulfilling any will you had left, and after paying off all debts. If the deceased man or woman was a loner, and leaves two siblings, male or female, each of them gets one-sixth of the inheritance. If there are more siblings, then they equally share one-third of the inheritance. All this, after fulfilling any will, and after paying off all debts, so that no one is hurt. This is a will decreed by GOD. GOD is Omniscient, Clement. 

[4:176] They consult you; say, “GOD advises you concerning the single person. If one dies and leaves no children, and he had a sister, she gets half the inheritance. If she dies first, he inherits from her, if she left no children. If there were two sisters, they get two-thirds of the inheritance. If the siblings are men and women, the male gets twice the share of the female.” GOD thus clarifies for you, lest you go astray. GOD is fully aware of all things.