Question
I have been reading your replies to many Islamic questions and issues on the Internet, which you have answered under your pseudonym “The Learner.” Your answers are very detailed and informative. Your powers of persuasion and articulation are indeed impressive. Allah Subhanahu wa Ta’ala has obviously endowed you with a great deal of knowledge with which you have successfully beaten down the critics of Islam.
I found your articles on the Islamic law of inheritance particularly interesting. This is a very difficult field and even the very knowledgeable admit to this fact. You and your teacher Javed Ahmad Ghamidi’s interpretation of the Qur’anic verses on inheritance (namely 4:11, 4:12 and 4:176) raised a number of questions and issues in my mind which I would like to put to you and hopefully you will be able to answer to my satisfaction.
My knowledge of Islam is in no way comparable to yours so please correct me if need be, however I am familiar with the Islamic laws of inheritance.
I would like you to comment on the following issues:
1- If the only heirs are a wife, two daughters and a paternal uncle how should one distribute the inheritance?
According to your proposed system the wife in the presence of children belongs to the “first category” of heirs. The distribution according to your method would be thus:
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Wife inherits 1/8
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Two daughters inherit 2/3 of 7/8 equally
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Paternal uncle inherits the balance, which is 1/3 of 7/8 = 7/24
Now let us look at a hadith narrated by Jabir ibn Abdullah (RA) and reported in Sunan Abu Dawud (also reported by Ibn Majah, Tirmidhi and others):
We went out with the Apostle of Allah (peace be upon him) and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: “Apostle of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Apostle of Allah? They cannot be married unless they have some property.” The Apostle of Allah (peace be upon him) said: “Allah will decide regarding the matter.” Then the verse of Surah an-Nisaa was revealed: “Allah (thus) directs you as regards your children’s (inheritance).” Apostle of Allah (peace be upon him) said: “Call to me the woman and her husband’s brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours.”
The distribution of the inheritance as adjudicated by the Prophet (SAWS) in light of the revealed Qur’anic verses was as follows:
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Wife inherits 1/8
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Two daughters inherit 2/3
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Paternal uncle inherits the balance, which is 5/24
So you see your method is at variance with the method used by our beloved Prophet Muhammad (SAWS).
2- If the only heirs are a wife, both parents and two daughters then according to your proposed system of inheritance the distribution is thus:
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Wife inherits 1/8
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Father inherits 1/6
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Mother inherits 1/6
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2 daughters inherit 2/3 of 13/14 equally
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The balance (7/72) shall be given to the person bequeathed by the deceased; in the absence of such a person, it shall be given to the closest male relative of the deceased; in the absence of such a relative, the balance shall be distributed as per regulations of the state of residence of the deceased.
This was the answer provided by you in response to a question posed by Mr. Jochen Katz, although Mr. Katz mentioned three daughters instead of two, this does not affect the general principle involved.
Hadhrat Ali (RA) while he was on the pulpit (Minbar) delivering the khutbah for the Friday Jumma prayer was interrupted by a man who stood up and asked how the estate should be divided when a man died leaving his wife, father, mother and two daughters. Hadhrat Ali (RA) replied, “The wife’s one-eight becomes one-ninth.” (Ibn Shubah, vol. 3, pt. i, p. 19, no. 34). This case is famously known as al-Minbariyyah.
The distribution of inheritance is thus:
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Wife inherits 1/9
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Father inherits 4/27
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Mother inherits 4/27
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2 daughters inherit 16/27 equally
This is the method of distribution according to the Hanafi, Malaki, Shafii and Hanbali fiqh. The doctrine applied is that of al-awl which involves proportional reduction of all the shares.
Hadhrat Umar (RA) during his caliphate applied the doctrine of al-awl. Some say it was Hadhrat Zaid ibn Thabit (RA), who actually proposed the system of al-awl. The Prophet Muhammad (SAWS) himself attested to the fact that Zaid ibn Thabit (RA) was knowledgeable about the laws of inheritance. The doctrine of al-awl is based on the ijma` of the companions of the Prophet Muhammad.
Your proposed system is at variance with the decisions of some of the most learned companions of the Prophet Muhammad (RA)?
3- You have stated: “According to verse 176, in case the deceased is childless, and has any brothers and/or sisters, the share of brothers and sisters of the deceased shall be exactly the same as that of his sons and/or daughters respectively, if he had any.”
In the light of your statement consider a case where the only heirs are the father, a son and a daughter. The distribution of the inheritance would be:
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Father inherits 1/6
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Son inherits 5/9
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Daughter inherits 5/18
Your proposed system gives the same answer in such a case.
Now consider a case where the only heirs are the father, a germane brother and a germane sister. (Note that instead of the son and daughter we now have a brother and a sister.) The distribution according to all the Islamic schools of jurisprudence is that the father excludes both the brother and the sister and as sole heir the father inherits the entire estate.
Will the brother and sister inherit exactly like the son and daughter in this case in your proposed system of inheritance?
Brother, Moiz Amjad, you are far more knowledgeable than I am and people listen to you and respect your views. I would like you to tell me how one can reconcile your interpretation of the Qur’anic ayahs on inheritance with that of the Prophet Muhammad (SAWS) and his companions (RA).
Please reply. I am keen to learn more about this subject.
Your brother in Islam
Answer
Clarification
Please clarify: what ‘germane’ brothers and sisters mean.
Regards,
Response
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Germane brother is a full brother i.e. the same mother and father.
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Uterine brother is a brother with the same mother but different fathers.
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Consanguine brother is a brother with the same father but different mothers.
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Agnatic brother includes both germane and consanguine brother.
Similarly with sisters.
Wassalaam,
Your brother in Islam
Answer
Before I answer your questions, I would like to reiterate one of the points that you have yourself stressed in your letter. You write:
This is a very difficult field and even the very knowledgeable admit to this fact.
I do agree with you that because of the arithmetical ingredients of the problem, it has become a somewhat complicated issue. Nevertheless, I also fully adhere to the fact that if the verses of the Qur’an are seen purely from a literal perspective, they present a solution, which is absolutely clear from any complication.
However, the fact is that because the solution of the problem actually entails arithmetic calculations of shares – some calculated prior to the others – there is a potential that if the person has not fully understood the directives of the Qur’an, he may commit some errors in the ultimate allocation of the shares of the various parties. Furthermore, the mere fact that the issue has a potential of confusing a mind also points to the fact that there is a likelihood that if a narrator (of the solution) has not completely understood the solution, he may commit mistakes in narrating the solution given. This is an important fact to consider while analyzing the whole situation.
Moreover, it should remain clear that in all your three referred cases, it would not be very accurate to say that the directive of the Prophet (pbuh) or the opinion of Hadhrat Ali (ra) or that of Hadhrat Omar (ra) was such and such. The most that can be said is that the three narratives contain the directive ascribed to the Prophet (pbuh) or an opinion ascribed to Hadhrat Ali (ra) or Hadhrat Omar (ra), respectively. The chance that the words ascribed to these authorities may not have been accurately narrated can, obviously, not be ruled out. After all, how can we overlook the chance that any one or more of the narrators may have been mistaken in reporting or ascribing these sayings to the respective authorities. Taking the narrative ascribed to the Prophet (pbuh) as a case in point, it has been reported by all the three books Tirmidhi, Ibn Maajah and Ahmad Ibn Hanbal on the authority of Abd Allah Ibn Mohammed Ibn Aqeel. Regarding Abd Allah ibn Mohammed ibn Aqeel, Ya`qoob is quoted to have said: “His narratives are extremely weak” (Tehzeeb al-Tehzeeb). Ibn `oyainah has said: “There are four people from the Qureish, whose narratives are not accepted” then he named him among them (Tehzeeb al-Tehzeeb). He is also reported to have said: “There was something wrong with his memory, I did not like meeting him” (Tehzeeb al-Tehzeeb). Ibn Mu`een is reported to have said: “He reports weak narratives” (Tehzeeb al-Tehzeeb). A number of other negative remarks have been quoted about this narrator. It is obvious that in view of all these negative remarks, it would not be prudent to consider his reporting to be accurate narratives of the words of the Prophet (pbuh).
As far as the Aa’thaar (narratives ascribed to the companions of the Prophet) ascribed to Hadhrat Ali (ra) and Hadhrat Omar (ra) are concerned, their chains are not known to me and therefore I am not in a position to comment on them. Nevertheless, as both these narratives relate to the doctrine of Awl, I would like to present my brief comments on this doctrine:
The doctrine of Awl, if you would look closely at it is, in effect, a recognition and acceptance of the idea that there is an error in the stipulation of shares in the Qur’an. In view of this fact, we can either say that:
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There is a mistake in the ascription of the referred narratives to the companions of the Prophet (pbuh); or
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The companions may not have accurately interpreted the verses; or
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There is a mistake in the Qur’an.
What would be your option?
I am willing to submit that the first and even the second option can hold true. But I am not willing to submit that the third option could be true as well.
I, therefore, do not accept these narratives ascribe to the companions of the Prophet (pbuh) to be based on an accurate interpretation of the Qur’an, as this would imply a mistake in the Qur’an. In my opinion, these narratives do not entail an accurate reporting of the respective events.
You write:
This is the method of distribution according to the Hanafi, Malaki, Shafii and Hanbali fiqh. The doctrine applied is that of al-awl which involves proportional reduction of all the shares.
Even if the above method were ascribed to by the whole of mankind, I would still have the above reservations in accepting it to be correct, as doing so necessitates accepting a mistake in the Qur’an.
You further write:
Your proposed system is at variance with the decisions of some of the most learned companions of the Prophet Muhammad (RA)?
Firstly, I would like to clarify that in my explanation of the law of inheritance of the Qur’an, I have not proposed any ‘system’. I have only presented my understanding of the related verses of the Qur’an, clearly stipulating the linguistic bases of my understanding. I do submit that there can be a mistake in my understanding of these verses. Nevertheless, I would only be able to understand this mistake if an error is pointed out in the bases of my interpretation that I have provided in detail in my article.
Secondly, it would not even be very accurate to say that my interpretation is “at variance with the decisions of the most learned companions of the Prophet Mohammed”. It would seem more prudent to say that my interpretation is ‘at variance with the decisions ascribed to the most learned companions of the Prophet’. Obviously, there is a chance that such decisions may not have been accurately ascribed to the companions of the Prophet (pbuh). Especially, when accepting these decisions to be accurate implies accepting an error in the Qur’anic stipulation of the shares of inheritance.
I would like to add here that I would, insha’Allah, have absolutely no problem in accepting that my interpretation is faulty, if someone points out an error in the bases of my interpretation. Nevertheless, even if that happens, I would still not be willing to accept the interpretation based on Awl to be accurate, due to the mere fact that it implies accepting an error in the Qur’anic stipulation of the shares of inheritance.
Would you not do the same?
As far as your third question is concerned, you have accurately deduced the shares that I would give in the stated case. You ask:
Will the brother and sister inherit exactly like the son and daughter in this case in your proposed system of inheritance?
The answer to this question is: Yes. The basis, as you have yourself pointed out is Al-Nisaa 4: 176. However, you have expressed your concern that:
The distribution according to all the Islamic schools of jurisprudence is that the father excludes both the brother and the sister and as sole heir the father inherits the entire estate.
I agree. However, in my opinion, this distribution seems to be in clear contradiction to the directive of Al-Nisaa 4: 176. Therefore, in view of Al-Nisaa 4: 176, I think the stated opinion of the respected jurists is not very accurate.
30th May 2000