IN THE NAME OF ALLAH, THE BENEFICENT, THE MERCIFUL
BEING THE FOURTH KHUTBAH FOR THE MONTH OF SHAWWAL, DATED 24TH SHAWWAL 1445AH (3RD MAY, 2024CE)
TITLED: INHERITANCE IN ISLAM AND THE NECESSITY OF ITS IMPLEMENTATION (3)
THE FIRST SERMON
All praises are due to Allah, the All-Hearing, the All-Knowing, the Forgiving, the Merciful, who created mankind to worship Him, displayed His signs to them for them to affirm His Oneness, bestowed His blessings upon them for them to be thankful, and sent messengers to them with clear guidance, delivering glad tidings and warnings. I praise Him abundantly with pure and blessed praise. I bear witness that there is no god but Allah, alone, without partner, and I bear witness that Muhammad is His servant and messenger. May Allah bestow His blessings and peace upon him, his family, and his companions abundantly.
As to what follow,
I advise you all to fear Allah, as it is a divine command directed to His believing servants: (يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ حَقَّ تُقاتِهِ وَلا تَمُوتُنَّ إِلَاّ وَأَنْتُمْ مُسْلِمُونَ (102) وَاعْتَصِمُوا بِحَبْلِ اللَّهِ جَمِيعاً وَلا تَفَرَّقُوا وَاذْكُرُوا نِعْمَتَ اللَّهِ عَلَيْكُمْ إِذْ كُنْتُمْ أَعْداءً فَأَلَّفَ بَيْنَ قُلُوبِكُمْ فَأَصْبَحْتُمْ بِنِعْمَتِهِ إِخْواناً وَكُنْتُمْ عَلى شَفا حُفْرَةٍ مِنَ النَّارِ فَأَنْقَذَكُمْ مِنْها كَذلِكَ يُبَيِّنُ اللَّهُ لَكُمْ آياتِهِ لَعَلَّكُمْ تَهْتَدُونَ (103)) “O you who have believed, fear Allah as He should be feared and do not die except as Muslims [in submission to Him]. And hold firmly to the rope of Allah all together and do not become divided. And remember the favor of Allah upon you – when you were enemies and He brought your hearts together and you became, by His favor, brothers. And you were on the edge of a pit of the Fire, and He saved you from it. Thus does Allah make clear to you His verses that you may be guided.” (Surah Al-Imran:102-103).
Brothers in faith, this is the third meeting in the month of Shawwal where we receive lessons about inheritance in Islam and the necessity of its application. Today’s sermon will continue from where we left off, focusing on the share of daughters in inheritance. May the Almighty make it beneficial for us and accept it from us.
The Share of Daughters in Inheritance:
Islamic law specifies cases where daughters inherit from the estate either by Far’dh (primary share specified in the Qur’an) or by Ta’seeb bil ghair (taking residual share through other person). They inherit by primary share if there are no brothers to inherit with them. If there is one daughter, she receives half of the estate, and if there are two or more daughters, they collectively inherit two-thirds.
In another scenario, daughters inherit by taking residual share along with their brothers. This is mentioned in Surah An-Nisa: (يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ) (Allah instructs you concerning your children: for the male, what is equal to the share of two females).
The Share of Granddaughters from the Son’s Side:
Islamic law does not allow the inheritance of granddaughters from the son’s side if there are direct male children as heirs who are higher in degree than the granddaughters. Likewise, they do not inherit if there are two female heirs from the direct children who are higher than these granddaughters (in closeness to the deceased). However, if the deceased has a grandson at these granddaughters’ degree or level, or at lower degree, they inherit alongside with him according to the rule of “a male gets a share equivalent to that of two females”.
In other cases, other than the ones mentioned above, they either inherit by residual share (Ta’seeb) only or by specified primary share (Far’dh) only. They inherit by residual share (Ta’seeb) if the deceased has a grandson at their degree or level, and in that instance, a male gets a share equivalent to that of two females. Similarly, they inherit by specified primary share (Far’dh) if the deceased has no grandson at their level or degree, and in that case, she (the only granddaughter from the son’s side) receives half but they are two or more, they share two-thirds.
But if there is a direct female daughter as heir higher in level than them (i.e the granddaughters from the son’s side) she inherits half, while she (the granddaughter from the son’s side) inherits one-sixth to complete two-thirds (prescribed for female daughters more than one). Whether the granddaughter is one or more than, their share do not exceed one-sixth regardless of their number.
The Share of Sisters from Other than the Mother:
By sisters from other than the mother, we mean two cases: full sisters and paternal half-sisters. Islamic law stipulates that neither brothers nor sisters inherit when there is a male heir among the branches (children and grand children) or the roots (parents and grandparents). Let’s elaborate on these two cases:
Share of Full Sisters:
Full sisters inherit either by residual share (Ta’seeb) through others when the deceased has a full brother, and the share for the male is equivalent to that of two females, or by residual share (Ta’seeb) with others when the deceased has female children as heirs and in this case, they inherit by specified primary share (Far’dh), where the female heirs in this case will be similar to full sisters. In other scenario, the full sisters inherit by specified primary share (Far’dh) whereby if she only one, she takes half of the estate, but if they are two or more, they take two-thirds. Allah says: (يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ فَإِنْ كُنَّ نِساءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثا مَا تَرَكَ وَإِنْ كانَتْ واحِدَةً فَلَهَا النِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ واحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كانَ لَهُ وَلَدٌ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَواهُ فَلِأُمِّهِ الثُّلُثُ فَإِنْ كانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِها أَوْ دَيْنٍ آباؤُكُمْ وَأَبْناؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعاً فَرِيضَةً مِنَ اللَّهِ إِنَّ اللَّهَ كانَ عَلِيماً حَكِيماً) ” Allāh instructs you concerning your children [i.e., their portions of inheritance]: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one’s estate.[164] And if there is only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [and/or sisters], for his mother is a sixth,[165] after any bequest he [may have] made or debt.[166] Your parents or your children – you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allāh. Indeed, Allāh is ever Knowing and Wise. ” (An-Nisa: 11)
Share of Sisters from the Father (Consanguine Sister):
Sisters from the father have no right to inherit if there is a male heir from the full brothers, nor do they inherit if there are two or more full sisters. However, they inherit if the deceased has a paternal brother, in which case they inherit alongside him by taking residual share, with the male’s share equal to that of two females.
Similarly, sisters from the father inherit one-sixth alongside one full sister to complete two-thirds, regardless of whether the sister from the father side is only one or more, the share does not exceed one-sixth regardless of their number. Otherwise, they inherit like full sisters.
The Share of Brothers and Sisters from the Mother:
Brothers and Sisters from the mother do not inherit if there is a heir from the branches (children and grand-children) or a male heir from the roots (parents and grandparents). They inherit by Far’dh (specified primary share), with each one receiving one-sixth, and for two or more, they equally share one-third, without favoring a male over a female.
Inheritance Laws regarding Relatives:
By relatives, we mean those who do not inherit either by Far’dh (specified primary share) or by Ta’seeb (residual share), and they are eleven: daughters’ sons, sisters’ sons, brothers’ daughters, brothers’ sons from the mother side, maternal aunts, maternal uncles, paternal uncles, paternal aunts, the maternal grandfather, and any grandmother who is related through the paternal line or has a grandfather higher than the maternal grandfather, and daughters of maternal uncles.
Jurisprudential Guidance related to Inheritance:
Islamic law calls upon Muslim individuals to settle and act justly in gifts to their children. Scholars have cited prophetic hadiths prohibiting favoritism among children in gifts. However, there is a difference of opinion among scholars regarding the ruling on equalizing gifts among children. Some consider it obligatory, while others deem it recommended, meaning the doer is rewarded, but the neglectful is not punished.
A team of scholars has argued that if someone favors one of their children in giving or bestows something upon them, provided that it is done in a proper and just manner when he is of sound health and guidance, then what they have done is valid, and the remaining heirs do not have the right to challenge it.
Some communities in Islamic societies practice the deprivation of females from their inheritance rights, which is prohibited by Islamic law. Islam instructs giving everyone their due rights, including females. Those who do not comply with this are considered transgressors and violators of Allah’s boundaries. In this regard, the Prophet Muhammad, peace be upon him, warned against neglecting the rights of the weak, namely orphans and women.
Recommendations:
Muslims should not despair of acquiring knowledge in the field of inheritance, especially scholars, for knowledge is not innate, and no one is born a scholar. We should understand the verses and hadiths related to inheritance very well, as the doors of independent reasoning are never closed. Muslims who are proficient in numbers can do the same because most estates nowadays, to a greater extent, consist of properties. Proper evaluation greatly assists in the matter of distributing estates among heirs. Islamic organizations and mosques should have an inheritance committee composed of Islamic scholars, accountants, real estate valuers, and lawyers.
THE SECOND SERMON:
All praise is due to Allah, whose hearing encompasses all things. I bear witness that there is no god but Allah, alone, without any partners, and I bear witness that Muhammad is His servant and Messenger. Peace and blessings be upon him, his family, and his companions.
As to what follows:
Social justice is one of the greatest systems in Islam.
The Islamic Sharia came to achieve objectives and purposes, bring benefits, and prevent harms for the happiness of humanity as a whole in this world and the Hereafter. The Sharia did not overlook addressing all aspects of people’s lives, including the social and economic aspects. It laid down clear rules, principles, and a method in economics and society to ensure the achievement of economic and social justice in Islamic societies. In this article, we will discuss the concept of social justice and its foundations.
Foundations of Social Justice in Islam:
There is undoubtedly a clear methodology in Islam that ensures the achievement of social justice among people. Among the prominent aspects of this methodology are:
– Emphasizing equality among people in rights and duties, so all Muslims are equal before Islamic law and the legal system. There is no preference for the rich over the poor, the strong over the weak, or those with authority and influence over those without. This is contrary to what is happening now in Palestine, where the powerful oppress the weak under the banner of the United Nations, against the Palestinians. In Abu Bakr’s sermon when he was sworn in as the caliph, he said: “… and the weak among you is strong in my sight until I return his right to him, God willing, and the strong among you is weak in my sight until I take the right (of the weak) from him, God willing…”
– The obligatory duties and pillars set by Islamic law to achieve social justice, foremost among them is the duty of Zakat (obligatory almsgiving). Zakat is a duty prescribed by Allah to be taken from the wealth of the rich and given to the poor and needy. The application of the Zakat duty is meant to achieve social justice in society, eliminating the huge economic disparities between people and the false social classifications that follow.
Safeguarding individual rights in society, the right of the individual in Islam is preserved from the moment of conception in the womb of their mother. Therefore, Islamic Sharia encompasses many provisions that address these individual rights, including, for example, the laws of inheritance, provisions regarding financial maintenance, endowments, wills, and many other regulations that govern financial matters of individuals. It ensures that every individual in society receives their rights, free from injustice, and in a manner that achieves social justice.
Dear servants of Allah, we hereby conclude with discourse on the importance of work and workers in Islam, as we commemorate International Workers’ Day, held on Wednesday (1/5/2024). Work holds a high position and noble status in Islam. Through it, one earns reward and blessings, and it is a great form of worship to Allah and obedience to His command. Life is sustained, homes are built, nations prosper, and stability is established through work, as commanded by God: (فَإِذَا قُضِيَتِ الصَّلَاةُ فَانتَشِرُوا فِي الْأَرْضِ وَابْتَغُوا مِن فَضْلِ اللَّهِ وَاذْكُرُوا اللَّهَ كَثِيراً لَّعَلَّكُمْ تُفْلِحُونَ) “Then when the prayer is ended, disperse in the land and seek of Allah’s grace, and remember Allah much, that you may succeed” (Surah Al-Jumu’ah:10) and (هُوَ الَّذِي جَعَلَ لَكُمُ الْأَرْضَ ذَلُولاً فَامْشُوا فِي مَنَاكِبِهَا وَكُلُوا مِن رِّزْقِهِ وَإِلَيْهِ النُّشُورُ) “He it is Who made the earth subservient to you, so traverse in its tracks and partake of the sustenance He has provided, and to Him will you be resurrected” (Surah Al-Mulk:15).
Islam considers work as a form of jihad (striving) in the way of Allah. Some companions saw a strong young man hurrying to work, and they said: “If he were striving for the sake of Allah…” The Prophet Muhammad (peace be upon him) responded: “Do not say that. If he goes out to strive to support his young children, then he is striving for the sake of Allah. If he goes out to strive to support his elderly parents, then he is striving for the sake of Allah. If he goes out to strive to support himself and to be independent, then he is striving for the sake of Allah. But if he goes out striving for the sake of showoff and boasting, then he is striving in the way of Satan” (Sahih Al-Jami’ Al-Albani, Hadith No. 1428).
The goal of work in Islam is not merely to earn money. Apart from its worshipful meanings, its purpose includes achieving social security among people, leading to psychological balance at both individual and community levels.
While Islam advocates for work and earning, it also protects the workers and safeguards their rights, emphasizing this strongly as the worker is often the vulnerable party. It is narrated in a hadith: “Three persons I shall oppose on the Day of Resurrection, and if I wish I will mention them by name: one who hired a labourer and benefited from his labour but did not pay him his wages…” (Sahih Al-Bukhari and Sahih Muslim).
SUPPLICATION: O Allah, aid our brothers in Palestine and aid the oppressed everywhere. O Allah, release the Muslim captives in Palestine and guide their steps. O Allah, liberate Palestine and Al-Aqsa Mosque from the plots of the aggressors. Be a support to our brothers in Palestine, O Allah. Grant them victory, strength, and patience. Bind their hearts together and shower them with Your mercy. Heal their wounds, cure their illnesses, and accept their deceased. O Allah, return their captive youths to them. O Lord, O Allah, free Al-Aqsa Mosque from the defilement of the usurping Zionist aggressors. Grant the people of Palestine steadfastness, victory, and empowerment.
“O Allah, show us the truth as true and grant us the ability to follow it, and show us falsehood as false and grant us the ability to avoid it. Do not make it confusing for us, lest we go astray and suffer. O Allah, secure us in our homelands and protect our brethren who are striving in every place. Be with them, not against them. Release the prisoners among them with Your mercy, O Most Merciful of the Merciful. O Allah, forgive our parents, our elders, and all living and deceased Muslims. You are the Hearer of prayers, worthy of answering, capable of doing so. Peace and blessings be upon our Prophet Muhammad, his family, and all his companions.”