Islamic Inheritance law (Justice, Fairness, and Balance)
Succession under Muslim law is perceived to be strict and rigid but poses justice and fairness; these are not the word of an individual but a quote from attorneys and authors. If you examine it in more detail, you will be surprised to see this principle in property devolution in Islam. Children get their estates rights from their parents and vice-versa. Parents own estates rights from their Children and vice-versa as per Holy Holy Quran 4.11-12. You will be surprised to see this principle in Islamic succession: everyone in the family has property rights. In other laws, you would rarely see this reciprocal balance.
SONS AND FATHER
Islamic way of dividing property embodies reciprocal balance that you will not find in many succession laws. Sons and Father can receive a share from each other. In the primary distribution of heirships, some (but not many) succession laws allow legacy to flow in one direction from Father to Son, assuming Father will die earlier than Son. However, Islam goes beyond that to protect the right of Father over Son additionally.
DAUGHTER AND FATHER
Inheritance division in Islam is proof of fairness because Daughters and Sons have equal rights to give a portion of their assets to their parents. It does not matter whether a Daughter is the Wife of a wealthy Husband who is a billionaire entrepreneur or a leader of the country; the same succession divisions apply to Muslim families. Whatever on the wife's name goes to the wife's father (i.e., the Daughter's father, after her death).
Sons and Mother
A mother's asset is essential for her children, so her estates devolve to her children after her death under Islamic law. There are laws you may have heard about forced heirship that came into existence to protect children's rights. These rights are built-in protection under Islamic law that cannot be overridden.
Daughter and Mother
Daughters and Sons have the right to legacy in the assets of the Mother. Though, there are some distinctions in shares as to how much Daughters and Sons can get a share from the mother based on the Holy Quran 4:11 (i.e., Sons get double the share of Daughters).
To conclude, the Islamic way of sharing legacy is a unique method of estate distribution. There is wisdom hidden behind that, not many people realize and appreciate. It provides the assets' rights in balance and in the most fair way.
The content of this article has been reviewed and endorsed by Dr. Mahir J. (Ph.D.) and Mufti Muhammad Nazir K. (Pursuing Ph.D.)
