The Ruling on Preventing Women from Their Legal Inheritance
Machine translationRead the Arabic original
The questioner:
May Allah reward you, Honorable Shaykh. This questioner says: There are people who prevent their siblings from their legal inheritance. When these people die and their sons succeed them, and they follow in their footsteps—meaning they do not give their aunts, or their aunts' sons, what their fathers prevented them from receiving in inheritance—and they say, "The sin is on our fathers, not on us," is their statement correct, or does the sin that befell their fathers befall them if they do not give them, or their sons, what is due to them in inheritance?
The Shaykh:
Yes. He says: May Allah reward you. There are people who prevent their siblings from their legal inheritance. Brothers. Your brothers, my brother. Because the question mentions women, the females, our sisters, who were prevented? They prevent their sisters from their legal inheritance. When these people die and their sons succeed them, and they follow in their footsteps—meaning they do not give their aunts... accidents... accidents... yes.
The questioner:
And he said: Then they believe in their... meaning, if they gave their aunts, or their fathers, what their fathers prevented them from in inheritance, and they say, "The sin is on their fathers," is their statement correct, or do they belittle their fathers if they do not mention them, or their sons, in their inheritance?
The Shaykh:
This is the methodology of the people of ignorance who prevent Islam from inheritance. This is prevention.
As for the letter lam alone, I know it is from the intention. He, the Exalted, said:[An-Nisa 4:176] [An-Nisa 4:176] they turn to Him. And He, the Exalted, said: [An-Nisa 4:11] a nation. And what is meant by the two parents is the father and the mother, so He gave the mother an inheritance from her child. And likewise the wife, for them is a quarter, [An-Nisa 4:12] if they have no children, then for you is a quarter of what she left, after any bequest she may have made, and for them is a quarter, for them means the wife, Sunan al-Bayhaqi 14:61, of what you left.
So He established inheritance for women, whether they are his mothers, or grandmothers, or daughters, or sisters; they have inheritance. And He invalidated what the people of the pre-Islamic age of ignorance (jahiliyyah) were upon regarding the prevention of inheritance. And He threatened those who...
They oppose this legal ruling; these are the limits of Allah. When He finished with the verses of the warnings, He said:[An-Nisa 4:13], [An-Nisa 4:13] [An-Nisa 4:14] in it, and for him is a punishment whose limits are exceeded in the resources, and He magnifies all the limits, but the context is in the resources, so this is what protects the Muslims from people taking the inheritance of their relatives, this is on the methodology of the pre-Islamic age of ignorance, and may Allah protect us from it. So it is obligatory upon the Muslims.
...to prevent this invalid methodology, and to give women their right in inheritance. And it is obligatory upon the one who prevents women from inheritance to repent to Allah, because if he does this intentionally, this is apostasy (riddah). This is apostasy from the religion of Islam. So the one who does that must repent to Allah, and give women their right in the inheritance that Allah, Glorified and Exalted is He, legislated, and upon which the Muslims have reached scholarly consensus (ijma').
May Allah reward you, Honorable Shaykh. This questioner says: There are people who prevent their siblings from their legal inheritance. When these people die and their sons succeed them, and they follow in their footsteps—meaning they do not give their aunts, or their aunts' sons, what their fathers prevented them from receiving in inheritance—and they say, "The sin is on our fathers, not on us," is their statement correct, or does the sin that befell their fathers befall them if they do not give them, or their sons, what is due to them in inheritance?
The Shaykh:
Yes. He says: May Allah reward you. There are people who prevent their siblings from their legal inheritance. Brothers. Your brothers, my brother. Because the question mentions women, the females, our sisters, who were prevented? They prevent their sisters from their legal inheritance. When these people die and their sons succeed them, and they follow in their footsteps—meaning they do not give their aunts... accidents... accidents... yes.
The questioner:
And he said: Then they believe in their... meaning, if they gave their aunts, or their fathers, what their fathers prevented them from in inheritance, and they say, "The sin is on their fathers," is their statement correct, or do they belittle their fathers if they do not mention them, or their sons, in their inheritance?
The Shaykh:
This is the methodology of the people of ignorance who prevent Islam from inheritance. This is prevention.
As for the letter lam alone, I know it is from the intention. He, the Exalted, said:
If a man dies, leaving no child but [only] a sister, she will have half of what he left.
إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَAnd he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male
وَهُوَ يَرِثُهَا إِن لَّمْ يَكُن لَّهَا وَلَدٌ فَإِن كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ وَإِن كَانُوا إِخْوَةً رِّجَالًا وَنِسَاءً فَلِلذَّكَرِAnd for one's parents, to each one of them
وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَاAnd for you is half of what your wives leave if they have
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّFor them is one-quarter of what you leave behind, if you have no child. If you have a child, then for them is one-eighth.
لَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُSo He established inheritance for women, whether they are his mothers, or grandmothers, or daughters, or sisters; they have inheritance. And He invalidated what the people of the pre-Islamic age of ignorance (jahiliyyah) were upon regarding the prevention of inheritance. And He threatened those who...
They oppose this legal ruling; these are the limits of Allah. When He finished with the verses of the warnings, He said:
These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow
تِلْكَ حُدُودُ اللَّهِ وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الْأَنْهَارُabiding eternally therein; and that is the great attainment.
خَالِدِينَ فِيهَا وَذَٰلِكَ الْفَوْزُ الْعَظِيمُAnd whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide eternally
وَمَن يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا...to prevent this invalid methodology, and to give women their right in inheritance. And it is obligatory upon the one who prevents women from inheritance to repent to Allah, because if he does this intentionally, this is apostasy (riddah). This is apostasy from the religion of Islam. So the one who does that must repent to Allah, and give women their right in the inheritance that Allah, Glorified and Exalted is He, legislated, and upon which the Muslims have reached scholarly consensus (ijma').
Source
ميراث النساء حق — alfawzan.live
The Arabic text is a machine transcription of the audio recording.