Question:
Answer:
Firstly, it is clearly stated in Verse 12 of Surah Nisaa that the wife of the deceased in the case of not having any children will receive a quarter of his estate. Secondly the nieces and nephews from the sister’s side are known as the Thawil Arhaam in the Islamic terminology of inheritance. They will not inherit anything as long as anyone from the deceased’s parents, grandparents (and so on), children, grandchildren, brothers, sisters, paternal uncles, paternal uncle’s son, grandson (and so on), brother’s son, grandson (and so on) are alive.
In the pre-Islamic days the weaker class of people i.e. women, children, etc always remained victims to oppression and injustice. Islam was the first religion to make necessary arrangements to guard their rights. It was a pre-Islamic custom of the Arabs that no one other than the soldiers are deserving of the deceased’s estate which clearly excludes women and children and leaves the mature son to inherit the entire estate. This is understood from an incident that took place during the time of the Prophet (S.A.W.) before the verses relating to the distribution of the estate were revealed. A Sahabi by the name of Aws bin Thaabit (R.A.) passed away leaving behind two daughters, an immature son and a wife. On the father’s death, two of their cousins (uncle’s sons) came and took possession of the entire estate as their custom demanded that none of the children or the wife deserved it. On seeing this, the wife complained to the Prophet (S.A.W.). The Prophet (S.A.W.) awaited the revelation from Allah Ta’ala with regards to this matter. It was at this moment that Verses 7, 11 and 12 of Surah Nisaa were revealed to Nabi (S.A.W.) who then passed the verdict in favour of the wife and children accordingly. (Ma’aariful Qur’an, Vol. 2, Page 309)
In these verses Allah Ta’ala fixed the shares of the inheritors and gave it the form of legislation so that the right of each inheritor may remain safeguarded from the other and the oppressive pre-Islamic custom of the Arabs can be eradicated.
The word Aqraboon’ in Verse 7 of Surah Nisaa indicates towards relationship being the criterion for the laws of inheritance and not needs and necessities. If needs and necessities were made the criterion for these laws it will be very difficult to give it the form of legislation (for it to be safeguarded) because needs and necessities are not permanent, they are temporary (conditions change as time progresses) and making something temporary a basis for these laws will make it very difficult to pass a correct ruling. (Ma’aariful Qur’an, Vol. 2, Page 11)
And Allah Ta’ala knows best
Qasim bin Hashim Limbada
Attested to as correct by:
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
18 May 2004
27 Rabee’ul Awwal 1425