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  • Inheritance On The Basis Of Benefit

    Posted by Rukhsana Akbar on January 22, 2022 at 7:02 am

    In verse 11 of surah Nisa , Quran lays down only one principle on which Allah bases His laws of division and distribution of Inheritance of the deceased. This principle states that Laws of Inheritance are purely based on the scale and extend of benefits ((manfat as Mr Ghamdi says) a relationship provided to the deceased person while living. The larger the provision of benefits the larger the share of inheritance received by the person who showered those benefit onto the deceased.

    My question is that is it then a natural conclusion to arrive at that the sole purpose of Islamic Laws of Inheritance is to reward the recipients of the inheritance of the deceased for the benefits they showered upon the deceased?

    Rukhsana Akbar replied 2 years, 1 month ago 4 Members · 13 Replies
  • 13 Replies
  • Inheritance On The Basis Of Benefit

    Rukhsana Akbar updated 2 years, 1 month ago 4 Members · 13 Replies
  • Faisal Haroon

    Moderator January 22, 2022 at 7:32 pm

    In Quran 4:11 God has decided the inheritance proportions on the basis of benefit, however, this determination is divine. We have no rational basis to determine these benefits and assign any numerical value to them.

    Hopefully the following thread along with the text and videos will help clarify the law of inheritance and remove any confusions:

    Discussion 10380

    • Rukhsana Akbar

      Member January 23, 2022 at 5:41 am

      The detailed videos and discussion threads you posted have been tremendously useful to help me clarify almost all of my confusions.

      And my question on “manfat ” has also been answered and lies in the video in your second post( from (3:25 mins – 8 mins). It’s exactly how I understood it.

      The more I watch Mr Ghamdi the more clearity I get about the fact that it’s not Islam, it’s the explanation and application of Islam that is very flawed .

      For instance his talks on inheritance have finally helped me understand that even inheritance laws have special flexibility in the form of a will. I always thought writing a will was an exception in Islam rather than the recommended practice by Allah.

      All of my questions are answered in the “will writing ” part of the Laws of Inheritance. This flexibility is what I have been looking for in Islam because it’s this flexibility that caters for various situations in different families. It’s this flexibility that addresses and fits into the dynamic and changing nature of cultures and societies.

      For instance although Allah has assigned the responsibility of provisions to the husband, in current times a wife might contribute towards the family financialy not because it’s her God given responsibility but because she is in a position to do so and is a willing participant to take some burden off her husband ( in some cases she brings in even more financial support than her husband) . So in return for her favour (ehsaan) the husband in his will may allocate additional amount of inheritance for her.

      Same could be said about the case of a daughter supporting and looking after her parents.

      Mr Hussain, in my post on “Devine Edicts” has helped clarify further the flexibility in the Islamic familial laws by quoting the khula example.

      Because of the strict and regressive interpretation of most Islamic scholars people like me are left to believe that it’s Islam’s familial laws that are regressive and static while the truth is that they are quite dynamic and flexible in nature. After watching Mr Ghamdi’s video I realised that within the framework and parameters of the Islamic laws there is enough flexibility to address most situations and eras.

      I have one question left though and will appreciate if you find time to answer that too.

      When explaning the reasons for half share of daughters as compared to sons, Mr Ghamdi in his video said that it’s because part of her benefit ( the remaining half I presume) is transferred to the household of her husband and he sited the example of his wife taking care of his mom instead of hers.

      The question the situation begs is that if daughter’s benefit is transferred to that of her husband’s household (which , btw is way more than a mere companionship: she gives birth to her husband’s children, raises his children, looks after his house and manages multiple other affairs and in many instances looks after his parents too) then why is her share so insignificant in her husband’s inheritance and non existent in his parents inheritance.

      Can this question be answered or is it one of those questions that are beyond a human mind’s comprehension?

    • Faisal Haroon

      Moderator January 23, 2022 at 2:20 pm

      The share of daughters is not nonexistent and that of wife is by no means insignificant.

      Please refer to the thread shared above in order to understand the law.

    • Rukhsana Akbar

      Member January 24, 2022 at 6:37 am

      “The share of daughters is not nonexistent “

      Yes I do understand that the share of a daughter is not non existent . I didn’t mean as a daughter. I meant as a daughter in law since she is the one who invariably end up taking care of her husband’s parents .

      “and that of wife is by no means insignificant.”

      Mr Ghamdi in his explanation about half share of a daughter said that it’s because her manfat is transferred to that of her husband’s house. Now in such a situation a woman is not at fault if she assumed that she is entitled to getting her remaining half share from her husband’s inheritance to whom her benefit has been transferred . But instead she gets only 1/8th even though she was dependent financialy on her husband and now has to bear the expenses of looking after their children on her own.

      Lemme explain this with an example;

      I work at firm A. I am told that I will get only half of my provident funds at the end of 6 years contract at firm A because I will be transferred to a sister firm B after 3 years and thus can claim my remaining half from firm B at the end of 3 years spent their. In the end, to my disappointment, I find out that firm B is offering me only 1/8 of my anticipated share. Isn’t it quite a conundrum?

      Sometimes I don’t blame men for being insensitive towards the issues women raise because men are comfortable in the thought that they will never be at the receiving end of this problem. So it’s very easy for them to disregard a woman’s concern and try and pacify her by saying “it’s not a big deal”. But trust me , for her it is and this is why she makes a desperate attempt to understand it.

      Weather a woman voices it or not inheritance divisions are not easy for women to understand or come to terms with. It’s their faith in Allah that saves their day.

  • Faisal Haroon

    Moderator January 22, 2022 at 7:34 pm

    Also the following video which is already included in the above thread will help:

    https://youtu.be/quodzSxasWE

  • Nadeem Minhas

    Member January 23, 2022 at 9:36 pm

    Miss Rukhsana. You stated, “if daughter’s benefit is transferred to that of her husband’s household (which , btw is way more than a mere companionship: she gives birth to her husband’s children, raises his children, looks after his house and manages multiple other affairs and in many instances looks after his parents too) then why is her share so insignificant in her husband’s inheritance and non existent in his parents inheritance.”

    1. You are assuming that woman’s parents did not fulfill their obligation and did not write a will and also the husband of the woman did not either. Both did not follow their responsibility.

    2. A woman doesn’t only give birth to husband’s children but give birth to her own children too and takes care of mutual home and children.

    3. The owner of the assets, the father and the husband of the woman were the best suited to divide their assets according to their wishes. Whether based on benefits or the need. If both did not do so, the questions arise…

    a. Who will decide now how to distribute.

    b. What would be the criteria of fairness?

    c. Can there be a universal rule of fair distribution?

    d. Will all recipients agree to the distribution without having grudge against each other?

    e. If the translations and comprehension of the law of inheritance in Quran is correct without any vagueness, does the suggestion of the creator of this universe carry any value?

    • Rukhsana Akbar

      Member January 24, 2022 at 6:47 am

      Yes Mr Minhas that’s exactly what I am assuming. See, essentially it’s the women who end up paying the price for men’s such negligence. Hence it’s women who usually complain about inheritance issues not men because men’s God given shares are more than enough for them to be at peace with the issue.

      I think it would be a wise idea if Muslim governments came up with a policy for its citizens where everyone above the age of 60 is required by law to write a will.

      ” A woman doesn’t only give birth to husband’s children but give birth to her own children too and takes care of mutual home and children”

      I couldn’t agree more. You put it exactly how it is. I couldn’t have put it better.

      However, the reason I stressed the husband part was just to highlight that if only he realises that it’s his children (too) and that he is not doing anyone any favour by financially supporting them ( his children). I am not undermining the role of a husband. Infact I fully appreciate their heavy role and massive contributions towards their families. I would be lying if I make light of the husbands’ immense responsibilities to provide for the family. Indeed a monumental responsibility.

      However, contrary to the popular belief career life is something women don’t shy away from. Infact they love the freedom, independence and self reliance their jobs provide them with. But I know many women who have given up their very promising careers to take on the housewife role in order to provide a better life to their mutual kids.

      The problem is that there aren’t many men who appreciate the signifcant contribution a wife too makes towards their “mutual home and children “. He sleeps soundly every night while his wife stays up uncountable number of nights looking after their mutual infants. Each morning a man goes to work safe in the knowledge that his(their) kids are in safest hands possible and are being looked after in the most loving way possible. He doesn’t need to worry about their pick and drop from school, their homeworks , their activities, their upbringing ( to a certain extent). He also doesn’t need to worry about the endless house chores and most of the outside errands his wife takes care of. The wife takes on all these responsibilities so that her husband can go to work with peace of mind and earn a living.

      ” If the translations and comprehension of the law of inheritance in Quran is correct without any vagueness, does the suggestion of the creator of this universe carry any value?”

      Ofcourse it does. It carries every possible value in the universe and beyond. Who am I to object to what the Almighty says. However since Allah hasn’t discouraged people to think and ask questions, ask questions I did. This is the reason some of my confusions have been clarified. Otherwise I would still be confused and resentful about so much.

      “On the opposite side, Allah has assigned no responsibility to women, but full freedom of education, work, business, etc.”

      Don’t you think it’s a bit unfair to say that. That’s exactly my point; that women don’t feel appreciated for their significant roles in societies. It is this lack of appreciation on the part of men that makes women feel under valued, degraded, undermined and belittled for their roles. This in turn has led women to feel resentful and rebellious towards men and this has culminated in ugly gender battles which is such a sad state of affairs.

      The men have been assigned the responsibility of the two most difficult tasks in the World. 1. Earning a living and sharing their earning with the family. 2. Protecting family and also participating in war. Putting themselves up for physical harm and even death.”

      I will in no way undermine the role of a husband. No doubt It’s a heavy burden to carry. And I have no qualms accepting husbands as heads of family units either. However, my problem begins when men think it’s a position of privilege, authority and dominance. No, not all. As you rightfully said it’s a position of immense responsibility. If only men paid attention to the spirit of their role rather than the title this world would be a much better place.

    • Nadeem Minhas

      Member January 24, 2022 at 8:06 am

      Miss Rukhsana, I totally agree with you. You are very reasonable person. One thing I noticed in your response is that you are referring to husbands who are not recognizing the contribution of their wife or restricting their freedom.

      Well, it doesn’t seem to be religious issue, but the issue with some husbands who need to follow Islam and also learn some manners. Both should appreciate each other’s contribution.

      You proposed a solution that all person over the age of 60 should be required to have a will. Great idea. Perhaps it would be even better that all working people or people with assets over the age of 18 need to create a will and update it yearly along with their tax filing.

    • Rukhsana Akbar

      Member January 24, 2022 at 10:39 am

      “Well, it doesn’t seem to be religious issue, but the issue with some husbands who need to follow Islam and also learn some manners. Both should appreciate each other’s contribution.”

      Totally agree with what you said

      “You proposed a solution that all person over the age of 60 should be required to have a will. Great idea. Perhaps it would be even better that all working people or people with assets over the age of 18 need to create a will and update it yearly along with their tax filing.”

      This sounds like an even better proposal

  • Nadeem Minhas

    Member January 23, 2022 at 9:54 pm

    In the entire religion I see two items where women are in disadvantage.

    1. In tha absence of will women get lesser share of wealth.

    2. As being a witness of financial transaction, the testimony of two women is equal to one man.

    On the opposite side, Allah has assigned no responsibility to women, but full freedom of education, work, business, etc.

    The men have been assigned the responsibility of the two most difficult tasks in the World. 1. Earning a living and sharing their earning with the family. 2. Protecting family and also participating in war. Putting themselves up for physical harm and even death.

    • Rukhsana Akbar

      Member January 24, 2022 at 8:00 am

      “In tha absence of will women get lesser share of wealth.”

      Yes this is why Inheritance Laws are very difficult for women to comprehend . By far this is one of the biggest issue women are confused about and feel letdown about. This is why I am desperately trying to understand the wisdom behind it.

      “As being a witness of financial transaction, the testimony of two women is equal to one man.”

      Do you think it’s applicable even in the present times? In this day and age women are immensely educated in every walk of life. How is it then possible that an educated female will hold less value than an illiterate man!!

      “The men have been assigned the responsibility of the two most difficult tasks in the World. 1. Earning a living and sharing their earning with the family. 2. Protecting family and also participating in war. Putting themselves up for physical harm and even death.”

      As I said earlier I will in no way undermine the role of a husband. No doubt It’s a heavy burden to carry. And I have no qualms accepting husbands as heads of family units either . This headship is God appointed. However, my problem begins when men think it’s a position of privilege, authority and dominance. No, not all. As you rightfully said it’s a position of immense responsibility. If only men paid more attention to the spirit of their role than the title this world would be a much better place.

      Also if husbands as heads of family unit learn to be mindful to acknowledge women’s contribution towards the family units women will feel appreciated.

      Afterall it’s only gentlemanly to appreciate and acknowledgement what women bring to the table.

      In my observation happy homes are those where women are appreciated for what they do which is one of the attributes of a good leader/head.

  • Dr. Irfan Shahzad

    Scholar January 24, 2022 at 3:18 am

    Wife’s share in her husband’s property is half of of husband’s share in the inheritance of his wife. This is on the same principle of benefit. The husband is RESPONSIBLE to spend from his money to her wife, but not the wife. However, if she spends from her own resources or wealth this is her favour.

    The law is made on general norms, according to which men spends on their wives, not vice versa. Therefore husband’s share is double of the share of wife. However, if wife has extended her favour in term of her money spending on her husband, the husband can extend his favour by allocating greater share from his wealth for his wife.

    • Rukhsana Akbar

      Member January 24, 2022 at 6:51 am

      This is a very satisfying explanation indeed. Thank you so much Dr Shehzad

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