Bismillah Ar-Rahman Ar-Rahim
Glory be to Allah, the Magnificent and Ever Compassionate. Un-alloyed blessings of Allah be on the soul of the noble Messenger Muhammad (SAW), his household, Companions and sincere followers of his mission till eternity. This is yet another Jum'at, of course the last in the month of Safar 1446 AH and August 2024 CE. Another dimension is brought in in this edition to post rhetorical question regarding eupherality of life in totality: 'What If I Don't Wake Up?'
Our concern is not far from reality of life and altruistic death and eventual turning memory. Blessing others has always been a second side of coin in Islam apart from several Godly worship (Ibaadaat). Abundant Ayat of the Qur'an bear relevance on that. What is more integral in transfer of wealth from living elderly creature to younger, which takes effect soon after the former's demise, otherwise known as 'Will' or 'Legacy' enjoy clear guidance in the holy Qur'an leaves no ambiguity. Interpretations and contextual analysis might be exclusive prerogatives of Exegete, Legal Luminaries though, the main principles should enjoy sanctity.
Allah (SWT) across ages of Qur'an revelation ensured perfection of Will-writing and Inheritance to the benefit of humanity. In Qur'an 2:180-182 for instance, earlier provision was made for mutually willing properties to parents and relatives. Subsequent policies as reflected in Qur'an 4:11 became categorical that will-writing should not in any way benefit a Qur'an- sharer of inheritance. These Qur'an-sharers are the category of people having blood affinity with the will-writer.
Before long, writing will in Islam does not conform with the type written in contemporary Western societies such as giving substantial proportion of property to a member of immediate family like wife and or any of the children at the expense of others in his category. These are clearly spelt out in Qur'an 4:11. Any attempt to cause inconsistency thereof is frown at and thereby considered an oppression on other beneficiaries.
Allah (SWT) declares as remedy to the earlier provision, aportioning to parents and relatives as beneficiaries of will. He maintains: Allah (thus) directs you as regards your children's (inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share if a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third: if the deceased left brothers (or sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts.You know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah: and Allah is All-knowing, All-wise (Qur'an 4:11)'.
The Ayah quoted above enshrines the general principles of inheritance. Any alteration, changes or modification to suit the contextual situation that disregard encompassing goodness to humanity should not be entertained. Reasons being that modifying to suit the whims of some party against others result in oppression which exposes not only the beneficiary to doom but also the distributor.
Suffices to relate several opinions of Scholars on will in this context. Ibn Kathir submits for the fact that: 'Allah has given each right owner his due and that no will to benefit sharer of inheritance. His position on the earlier Ayat appears the abrogation affects aportioning will to parents and non-Quran sharers of inheritance. This position arose from the import of Hadith of Ibn Umar which offers: 'It befits not a man who is in possession of tangible and will-able assets to stay alive for one or two nights except his will is written.' In the same direction, Ibn Umar posit that: 'Hardly can a night passed by me ever since I heard this statement of the noble Messenger, except my will dully prepared.' This is the highest moral standard from pious people!
On will-writing in favour of parents and relatives, the following positions stand out. The positions notwithstanding, it offers varse array of opportunity to switch on to mild direction in favour of eventual occasion that arises therefrom. To the frontline Exegets such as Ibn Abbas, Al-Hasan al-Basriy, Tawus, Masruq etc, abrogation of the earlier Ayat (Qur'an 2:180-182) stands in respect of will-writing to benefit parents and relatives and due consideration of such only on the basis of 'goodness' to humanity. To this end, Ibn Jarir at-Tabariy submits towards the treatment of the Ayat as mere 'Takhsis-Exception' and not abrogation.
The second opinion is that of Ibn Umar, Abu Musa al-Ash'ariy, Sahid al-Musayyab and their cohorts in holding on to total abrogation of the Ayat due to the Hadith of Ash-Shafi'iy on the holy Messenger's rule on a poor testator with six slaves as the only legacy. The Messenger quickly set two of them free (1/3) as provision for (Wasiyyah) Will in Shari'ah, while leaving the remaining four at the mercy of the heirs (Ad-Daraqutniy in Tabariy 2:271-272).
The third position reflects somewhat liberal stand. It offers that Q4:11 related above only offers further explanation on the position and nomenclature of Will-writing and that no contradiction occurs in its outlook and practice of Will-writing to favour parents or relatives. It offers that no abrogation of the Ayat occurs. Furthermore, this position shows that 'Will' stands as potential gift of Allah for Owner of property at the point of death just like inheritance as a gift to the heirs. It is therefore inferred that the related argument would stand as useful elastic solutions to contemporary intricacies arising from difference in religion, abode or fenced off status due to available closer relative in grade.
Above all, the parting shot remains adherence to the tenets of Islam without iota of compromise. Nonetheless, goodness to all is paramount in entirety. Prevention of will-writing to favour parents and relatives would afford right heirs due rights. It provides that no heir claims or obtains greater portion than expected. The occasion just mentioned is capable of brewing oppression which the provision sues to prevent. Strengthening fragile family ties via inheritance is of utmost importance. Watching over increase in piety against frivolity is a Muslim task. Finally, Muslim must address himself to productivity, dignity of labour, prudence and of course accountability.
Let's draw curtain here till next edition when the second part of Issues around Will-writing is brought forward. Thanks for being there always. Stay safe and abundantly blessed.
Dr. Razaq Bolawaye Uthman, Imam Ansar-Ud-Deen Society Ipaja Branch Lagos State.
0 Comments