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  • Inheritance For The Apostate

    Posted by Muhammad Jamil on March 23, 2021 at 2:53 am

    Dear Team..Aslamo O Alaikum.

    Ummat ka ijma ha is baat par k Jo shaks apne baap ko qatal kr de osko apne baap ki wirasat me se hissa nhi milna..Is pe ghamidi SB or Farahi school of thought bhi agree hain. Lekin Jo shaks murtad ho jae ummat ka is pe bhi ijma ha k osko wirasat me hissa nhi milna. Lekin Ghamidi SB ka nuqta e nazar is pe different ha…WO osko wirasat me haqdar mantay hain. Pehle case me WO yeah tauzeh byan krte hain k jis ne apne baap se rishta khtm kr dia osko hissa q milna? Hala k second case me Jo shaks Allah ki kitab oske Rasool se roh gardani kre osko phr khuda k qanoon k tehat hissa q milna? Quran dono cases me silent ha..pehle case me q nhi milna chahiye hala k baap khtm hua rishta baki ha wo osi maqtool ka waris ha or dosre me q milna chahiye? Aik trf WO khulam khula ailan e bagawat krta khuda or oske rasool or qawaneen se dosri trf WO OSI khuda k qaim krda usool k tehat apni manfeat k liye kehta mjhe hissa milna chahiye…kindly Quran o Sunnat ki roshni me ashkal door kren or Ghamidi SB second case me Ijma k khilaf kin sharai bunyadon pe istadlal frmatay hain WO bhi byan kr den.

    Umer replied 2 years, 11 months ago 3 Members · 2 Replies
  • 2 Replies
  • Inheritance For The Apostate

    Umer updated 2 years, 11 months ago 3 Members · 2 Replies
  • Faisal Haroon

    Moderator March 23, 2021 at 9:22 am

    Quran’s law of inheritance is based on the benefit a person holds in relation to the deceased (Quran 4:11) – it has no bearing on his faith and beliefs. This is God’s law and it can’t be changed based on our own logic and reasoning.

  • Umer

    Moderator March 23, 2021 at 6:58 pm

    Following is an excerpt for Ghamidi Sahab’s Meezan where this issue has already been addressed:

    آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِنْ اللَّهِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا (11:4)

    You know not who among your children and parents are nearest to you in benefit. This is the law of God. Indeed, God is Wise and All-Knowing. (4:11)

    …However, a little deliberation shows that the right to obtain an inheritance is based on the underlying cause of اَقْرَبُ نَفْعا (the closest in benefit), and the reason for the difference in the share of the heirs is also because their benefit for the deceased varies. Everyone knows that a large part of the benefit of a girl after her marriage is transferred to her husband, similarly, a wife gives companionship to her husband whereas the husband not only gives companionship to her, he is also responsible to provide for her, hence the share of a boy is twice of a girl and the share of a husband is twice that of a wife. This benefit is by nature present in parents, children, brothers, sisters, husbands, wives and other close relations. Hence, in normal circumstances, they will be considered the heirs to the legacy of a deceased. However, if any of these relations instead of being of benefit to the deceased become an embodiment of harm for him, then, on the basis of the underlying reason of “closest in benefit” stated by the Almighty in these verses, such a relative shall be not be regarded eligible to become an heir to the legacy. In view of this, the Prophet (sws) is reported to have said about the Idolaters and the People of the Book of Arabia:

    لَا يَرِثُ الْمُسْلِمُ الْكَافِرَ وَلَا الْكَافِرُ الْمُسْلِمَ

    A Muslim cannot be an heir of a kafir nor can a kafir be a Muslim’s. [3]

    In other words, after these disbelievers were left with no excuse to deny the truth which had been unveiled to them in its ultimate form, their enmity and hostility became very clear. Consequently, the benefit of kinship between them and the Muslims stood completely severed. Hence, they could not inherit from one another.”

    (Excerpt from Meezan: Javed Ahmed Ghamidi)

    (Translated by Dr. Shehzad Saleem)

    _____________________________

    [3]. Al-Bukhari,Al-Jami‘ al-sahih, 1167, (no. 6764).

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