Islamic Inheritance Law is Not just Mathematics; It's a Law

A wrong interpretation of Islamic inheritance law for centuries has resulted in the denial of the rights of parents and spouse of the deceased, writes Abdul Khader.

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The world has several religions and all religions have a noble purpose – the spiritual upliftment of their adherents. But the main difference between Islam and other faiths is that Islam is considered a complete religion and Muslims believe the holy Quran is the book of divine guidance revealed from God. While other religions have a faith system and a broad, sometimes loose set of practices, Islam stands out for its Shariah, which is a set of principles governing the daily life of every Muslim. The principles Shariah are derived from the holy Quran and the traditions of the prophet Muhammad, peace be upon him.

 

Among the most important laws of Shariah is the inheritance law, which is followed by Muslims all over the world. Inheritance refers to the division of a person’s property after his or her death among the heirs. There are several inheritance laws in the world. Generally, a person’s wealth is passed to others, after his/her death, in one of the two ways: first, through the will left by the deceased person. This is the easiest way of division of wealth because the deceased person has clearly stated how his or her wealth should be divided, and who should get what. Whether the heirs like it or not, the will is implemented because it is a legal document. Second, if there is no will, the family of the deceased follows the inheritance law of the state or the religion or the sect or the society they belong to. In the case of Muslims, they follow the Islamic inheritance law. Also, most Muslims are not known to leave any will because they want their property to be divided according to the Islamic law.

 

Islamic inheritance law is the most widely followed inheritance law in the world because Islam is the second largest religion on the globe. Since the times of Prophet Muhammad (peace be upon him), Muslims have been following the this law. Interestingly, though there are several sects and groups in Islam whose members differ in matters of faith and practice, there have been no differences of opinion on the issue of inheritance. At the same time, some non-Muslims and atheists have called the Islamic inheritance law discriminatory and said there are mathematical errors in the holy Quran in this regard.

 

I think the main reason for unanimity among islamic sects on this issue is that inheritance laws are generally complicated and complex even for some scholars. So, there is a tendency to follow what has been followed and widely accepted and scholars too don’t look at them critically. There is also another reason: Islamic scholars are not experts in law and therefore may not be qualified enough to approach the issue from a legal point of view.

 

Misinterpreting Quran

The central question which this article seeks to address is this: Is the Islamic inheritance law which we follow in accordance with the Quranic spirit? The answer is NO. This is not to say that what we are following is completely wrong, but there have been misinterpretations which must be set right. The problem is not with the Quranic injections, but with their interpretation. Unfortunately, we have been following the wrong interpretation for several centuries. There are two problems here. First, we are interpreting the holy Quran incorrectly, which will invite the wrath of God. Secondly, through this wrong interpretation, we are denying people their rights and, in the process, we are giving others more than they should actually get.

 

To understand what has gone wrong, we need to understand the law and current practices, which will lead us to the correct version. By identifying the misinterpreted section, we are not only trying to correct a mistake, but guaranteeing justice as prescribed by the holy Quran.

 

Before we go into the details, I would like to highlight a point which hasn’t been highlighted enough. Muslims believe that Quran is divine wisdom and its verses are Allah’s revelation to humanity. I would say that the verses on inheritance in the Quran are the best proof of this argument. How many people know the surprising fact that Quran is explaining the entire inheritance law in just three verses or sentences?  It’s impossible (except for God) to explain a law with such huge implications and consequences in just three sentences and it’s done by explicitly revealing the extreme possibilities only.  Also, you can write a book based on these three verses because they contain so much wisdom, so many rules, and so many clauses and sub-clauses.

 

I am not going to explain the whole concept of inheritance in this article but will try to expose a misconception in the Islamic society due to the wrong interpretation of Quran.

 

Quran explains the shares of the ‘first-degree’ inheritors in the property of the deceased, like this:

“Allah instructs you concerning your children: 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. 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 [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise” – Quran (4: 11)

 

“And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt.” - Quran (4: 12)

 

According to the Quran, there are two categories of relationships: First degree and second degree. The first-degree relatives are parents, spouse (husband or wife) and children. The second degree is siblings (brothers and sisters). The first-degree relatives are further classified into two: first, those with specific minimum shares i.e., spouse and parents. This means that the parents and spouse of the deceased are entitled to specific minimum shares. In other words, if a woman dies, her father and mother and her husband are entitled to minimum, fixed shares according to Quran. The second category in the first-degree relatives is residuary inheritors i.e., children. If a man or woman dies, his or her children are not entitled to fixed, minimum shares in their property according to Islamic law. The share of the children will vary depending on the number of children and their gender (whether male or female). The following table shows the division of property if the deceased woman has one son and two daughters and if both parents are alive at the time of her death. We will start with it because having all first-degree relatives is a situation with maximum inheritors under islamic inheritance law. For example, let us assume that Amina has left behind 48,000 dollars at the time of her death.

	Parents		Spouse	Children			Total
	Father	Mother	Husband	Son	1st Daughter	2nd Daughter
	1/6	1/6	1/4	B*2/4	B*1/4	B*1/4
	8/48	8/48	12/48	10/48	5/48	5/48	48/48
Example	$8,000	$8,000	$12,000	$10,000	$5,000	$5,000	$48,000

According to the table, Amina’s father will get one-sixth of her entire property and her mother too will get one-sixth of the entire property, and her husband will get one-fourth. The shares of both parents and spouse have a fixed minimum according to the Quran. After giving the father, mother and husband their shares, the remaining property will be divided among the son and two daughters in 2:1 ratio (son will get two shares while daughter will get one share). In other words, if there are one son and two daughters, the shares of inheritors will be: father 8/48, mother 8/48, husband 12/48, son 10/48 and daughters 5/48 each. To give this in figures, Amina’s father will get 8,000 dollars, mother 8,000, husband 12,000, son 10,000 and two daughters 5,000 each.

 

The above table is universally accepted by the Islamic society and there is no confusion about this. Islamic scholars agree on the point that the children of Amina will have right on the property of their mother only after giving the specific shares of Amina’s parents and spouse. The rule is the same even if Amina has ten sons and ten daughters. These ten sons and ten daughters will get their shares not from the entire property of Amina (48,000 dollars), but only from 20,000, which is the balance amount after paying the fixed minimum shares of Amina’s parents and husband.

 

Where is the discrepancy?

Now where is the discrepancy and misinterpretation? This comes when the deceased person has no sons and he or she has only daughters. The question here is whether Amina’s parents and husband should get less property if Amina has no sons and she has only daughters. Ideally, if you apply logic, they should not get less shares in such a situation because their shares are fixed by Quran and decrease in the number of inheritors may result in the increase of the shares of other inheritors but should never cause a decrease in what was available when there is maximum inheritors, i.e., having all first-degree relatives. But what is currently happening in the Islamic society is that they are getting less shares. What Amina’s parents and husband are losing, her daughters are gaining, which means the daughters are getting more than what they should get. This is an injustice, and this injustice is happening because of the wrong interpretation of Quran. My argument is that under no circumstances, the specific minimum shares of parents and spouse should be negatively affected.

 

The reason for this confusion is that Quran prescribes a different set of shares if the deceased person has only daughters and no sons. The following table explains such a scenario. Amina has no sons, but only two daughters. Now, according to the Quran, if there are no sons and only daughters, the daughters should get two-third of the property. The relevant verse in Quran is: ‘if there are two or more daughters only, two-third’ (if there are only daughters, whether they are two or more, then they should get two-third).

 

Now comes the biggest problem and the root cause of misinterpretation while applying this rule. If you give parents one-sixth each, and the husband one-fourth, and the two daughters two-third, the final result will not tally. If you are dividing 100 dollars among five people, the total amount which the five people are getting should be 100. It should not be 110. But this is exactly what happens if you give daughters two-third of the property. The scholars thought about this problem and they did what they should not do – they tried to tally it mathematically (from 30/24 to 30/30). The result is that Amina’s parents and husband are getting less compared to what they were getting earlier. Why should they get less since their share has been fixed? This is an injustice and a violation of Quranic principles. At the same time, Amina’s daughters are getting more than what they are actually entitled to. Her father is getting 6,400 dollars, mother 6,400, husband 9,600 and two daughters 12,800 each (see the table below). Please note that both parents and husband are getting less than what they got earlier.

 

Is it right to reduce the rights of other inheritors on account of the decrease in the number of inheritors? The answer is ‘No’. If the number of inheritors increases, then the share may decrease. But in any case, the reduction in the shares of parents and spouse from their minimum right due to the reason that the deceased has only daughters is utter nonsense. But that is what the society does:

	Parents		Spouse	Children			Total
	Father	Mother	Husband	No Son	Daughter 1	Daughter 2
Primary Share	1/6	1/6	1/4	-	(2/3) *1/2	(2/3) *1/2
	4/24	4/24	6/24	-	8/24	8/24	30/24
Custom	4/30	4/30	6/30	-	8/30	8/30	30/30
Example	$6,400	$6,400	$9,600	-	$12,800	$12,800	$48,000

 

It is for this reason that atheists claim that there are mathematical errors in Quran. If a person dies (female) and the heirs are two daughters, the share of the two daughters is two third of the estate (based on Quran 4: 11); the shares of the parents are one sixth each (based on Quran 4:11); and the husband’s share is one fourth (based on Quran 4:12). The total of the given shares sums up to 30/24. Atheists ask how it is possible to share more than what is available. And their claim is mathematically correct. Only mathematically.

 

The Islamic scholars, on the other hand, responded like atheists by treating the subject as mathematics and covered the gap by replacing the denominator with the numerator and closed the issue by reducing the share of each of the heirs proportionately to cover up the shortfall. They called it as ‘awl’. In the process, what they conveniently neglected is the rights of the parents and spouse which should not be affected even if the deceased has 100 children, a mix of male and female. There are two problems here: first, we committed a mistake by mathematically tallying the shares as given in the Quran, and second, by doing this, we are causing injustice to some heirs. This leaves us with the most important question: if the scholars are wrong, what is the right answer and solution?  

 

The solution

Muslims believe that Quran can never be wrong. Allah can’t be wrong, and if that’s so, the problem lies with us. The whole problem occurred because the scholars approached the issue from a mathematical angle. The solution is that you must look at it from a legal angle and the problem disappears! Which legal angle? The universally accepted legal principles. Mathematics has limited place in the inheritance law and you must remember that all over the world, we say inheritance law, whether it is Islamic inheritance law or some other inheritance law. We don’t say inheritance formula or inheritance theory!

 

The inheritance rules in Quran represents a law. Therefore, they need to be read as a law. While reading law, the prime consideration is justice and logic. To maintain justice and logic in the law, there are some rules to interpret the statute.

 

What is the difference if you look at it from mathematical and legal angles?

 

Islamic scholars ended up in wrong conclusions because they approached the subject as pure mathematics instead of approaching it as law. A law should be read and interpreted by applying the rules of interpretation of statute, not by applying mathematical principles.

 

The application of the rules of interpretation will bring clarity in the above scenario. Accordingly, the verse in Quran, ‘if there are two or more daughters only, two-third’ should be applied without affecting (reducing) the shares available in the first extreme, having all first-degree relatives i.e., parents, spouse and children (both boys and girls). Therefore, the above clause in Quran must be read as ‘subject to maximum of two-third’. This means the daughters should get a maximum share of two-third, not a fixed two-third.  

Now there is no inconsistency in the law. The shares without affecting the minimum rights of the other inheritors are:

	Parents		Spouse	Children			Total
	Father	Mother	Husband	No Son	Daughter 1	Daughter 2
Primary Share	1/6	1/6	1/4	-	B*1/2	B*1/2
Maximum Share	NA	NA	NA	-	(2/3) *1/2	(2/3) *1/2
Real Share	4/24	4/24	6/24	-	5/24	5/24	24/24
Example	$8,000	$8,000	$12,000	-	$10,000	$10,000	$48,000

 

The rule of harmonious construction needs to be applied in the interpretation of inheritance law. According to this interpretation, the shares of parents and spouse are protected whether Amina has daughters or sons. Her father will get 8,000 dollars, mother 8,000, daughters 10,000 each. Here the shares of both parents and husband are not affected.

 

The Rule of Harmonious Construction

According to the law, the universal rule of harmonious construction must be applied when there is a conflict between two or more parts of a statute (in this case Quran). The rule of harmonious construction is the thumb rule in the interpretation of any statute.

 

The rule follows a very simple premise that every statute has a purpose and an intention as per law and it should be read as a whole, not in parts. This means the interpretation which is consistent with all the provisions of the statute should be adopted. If it is impossible to harmonize both the provisions, the court’s decision regarding the provisions shall prevail. 

 

An interpretation which makes the enactment a consistent whole should be the aim of the courts and a construction which avoids inconsistency or confusion between the various sections or parts of the statute should be adopted. The normal presumption should be consistency and it should not be assumed that what is given with one hand by the legislature is sought to be taken away by the other. When there are, in an enactment, two provisions which cannot be reconciled with each other, they should be so interpreted by attaching equal importance to both. A construction which makes one portion of the enactment a dead letter should be avoided since harmonization is not equivalent to destruction.

 

It is an accepted rule that an interpretation which results in hardship, injustice, inconvenience or anomaly should be avoided and that which supports the sense of justice should be adopted. The Court leans in favour of an interpretation which conforms to justice and fair play and prevents injustice. 

 

We will find here that once the legal interpretation is adopted, the mathematical error disappears because there is no struggle to tally the figures.

 

Impact of new interpretation

When we look around us, we will find that there are several families where parents have only daughters and no sons. According to the current interpretation of the inheritance law, if one of the parents dies, the parents of the deceased and his/her spouse will get less than what they are actually entitled to as per law. My interpretation seeks to correct this anomaly.

 

My conclusion in this regard is not the result of a casual reading of the holy Quran and other Islamic texts. I have spent several months researching this subject and spoke to both religious and linguistic scholars to understand the meaning of the words used in Quran, and pointed out to them the anomaly in the traditional interpretation. But none of them was able to give satisfactory answers to my questions. I also read books on the subject. All this resulted in a search for truth. What you are reading is the result of this search.

 

My objective is to initiate a debate on the issue among the scholars. After this, they can reach a conclusion which is in accordance with the spirit of Quran and present it to the Islamic community. The law of inheritance is very important in Islam and any error will have huge consequences. Both money and faith are involved and it’s the duty of everyone to make sure that what they are doing is hundred percent in conformity with the teachings of Quran.

    

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(The author is a Chartered Accountant and the Managing Partner of AK & Partners, Auditors and Chartered Accountants, Doha – Qatar.)