02. Ahad-e-Nabwi say qabal wiraasat ki taqseem kay qawaaneen

Laws of Inheritance Before the Prophetic Era

Before understanding the Islamic laws of inheritance, it is essential to briefly explore the inheritance laws, rules, and principles that existed among other nations prior to the advent of Islam. Comparing these systems, it will allow a discerning reader to recognize where justice and fairness truly prevail—whether in Islamic teachings or in the self-made principles of other nations. Let us first examine the laws of inheritance in the community of Prophet Musa (علیہ السلام), i.e., the Jews (Bani Israel):

Jewish Law of Inheritance

The term “Yahood” is derived from the word ھاد, which linguistically means “to turn back” or “to return.” This is taken from the statement of Prophet Musa (علیہ السلام):

إنا هدْنا إلیْك أیْ رجْعنا وتضرعْنا

“Indeed, we have turned to You (in repentance and supplication).”

The Jews refer to those who claim to follow the teachings of Prophet Musa (علیہ السلام). They are also called Bani Israel because they are descendants of Prophet Yaqub (علیہ السلام), whose name in the Hebrew language was Israel.

Some historians state that the term “Yahood” originated from Yahuda, one of the sons of Prophet Yaqub (علیہ السلام). The progeny of Yahuda came to be known as Bani Yahuda, and due to their large numbers, the descendants of Prophet Yaqub (علیہ السلام) collectively became widely known as Jews.

(Source: Tareekh-ul-Arab Qabal-al-Islam, 6/95)

Inheritance in Jewish Law

In Jewish law, only the son, father, uncle, and brother of the deceased could inherit. Women were entirely excluded from inheritance—whether they were the deceased’s mother, daughter, sister, or wife. The details are as follows:

• Son: If the father passes away, only the sons will inherit. The eldest son will receive a double share compared to the other sons. However, if all the sons mutually agree on an equal distribution, this division is also permissible.

(Source: Al-Ahkaam-ul-Shar’iya 2/187)

• Daughter: If the deceased has a daughter, she is only entitled to sustenance until she reaches maturity or, in the case of marriage, only the expenses of her wedding.

Islam, in contrast, bestows immense favor upon women by making daughters eligible heirs. Under the rule “لِلذَّكَرِ مِثۡلُ حَظِّ ٱلۡأُنثَيَيۡنِ‌” (“for the male, the share of two females”), a daughter receives an inheritance even in the presence of a son. If she is the only heir, she inherits half of the estate.

(Source: Al-Ahkaam-ul-Shar’iya 3/145)

• Mother: In Jewish law, if a woman’s son or daughter passes away, the mother does not inherit their property. Instead, the deceased’s son will inherit. If there are no children, the deceased’s father becomes the heir. In the absence of the father, the deceased’s real brother inherits. However, the mother has no share in inheritance at all.

Islam, on the other hand, grants the mother a share in her child’s inheritance—sometimes one-third and other times one-sixth. She is never deprived of inheritance. (Details will be provided in the chapter on the mother’s inheritance, In Sha Allah).

(Source: Al-Muqaaranaat-ul-Muqaabalaat 236)

• Wife: In Jewish law, a wife does not inherit her deceased husband’s property. However, if the wife passes away before her husband, the husband becomes the sole heir of all her property. Even her children cannot inherit anything from her.

(Source: Al-Muqaaranaat-ul-Muqaabalaat 253, Al-Ahkaam-ul-Shar’iya 2/172)

However, in Islamic law of inheritance, both the husband and wife are considered heirs of each other.

Illegitimate Child (WALAD-UL-ZINA)

In Jewish law, an illegitimate child (Walad-ul-Zina) is considered a legitimate heir of both the mother and father. Such a child holds the same status as a legitimate son. If he is the firstborn, he is entitled to a double share compared to other legitimate sons.

(Source: Al-Muqaaranaat-ul-Muqaabalaat: 253, Al-Ahkaam-ul-Shar’iya: 2/173)

In contrast, Islamic inheritance law grants an illegitimate child inheritance only through the mother. If a deceased individual has no other heirs—such as a father, grandfather, son, brother, or uncle—the property will belong to the one who first takes possession of it. The property will remain as a trust with the possessor for three years. If no legal heir emerges within these three years, the property is then considered the full ownership of the possessor. (This system of possession and inheritance resembles a Jewish custom of seizing property).

(Source: Al-Muqaarinaat-ul-Muqaabalaat: 253)

These are some of the inheritance laws in Jewish tradition, which I have summarized. From these laws, it is evident that in Jewish inheritance law:

• A mother, wife, daughter, or sister cannot inherit from their male relatives.
• A husband inherits all the property of his deceased wife, but a wife cannot inherit from her deceased husband under any circumstances.
• A son can inherit from his deceased mother, but the mother cannot inherit from her deceased son.

Inheritance Laws in Christianity

The Christians (Nasara) are those who claim to follow the teachings of Prophet Isa (علیہ السلام). The current Gospel contains no mention of family, economic, or social laws. Instead, the Gospel emphasizes spiritual and moral values, such as exhortations and counsel. Regarding inheritance, there are no explicit laws in the Gospel. Consequently, the Church relied on Roman and Jewish inheritance laws and occasionally borrowed from other legal traditions.

For example, the Christians of Jordan today follow Islamic inheritance laws. Jordanian Christian scholar Dr. Suleiman Marqas, in his book, narrates an incident involving Prophet Isa bin Maryam (علیہ السلام): A man once approached Prophet Isa (علیہ السلام) and requested, “Please tell my brother to give me half of our father’s property.” In response, Prophet Isa (علیہ السلام) replied, “I have not been sent as a judge to divide inheritance.”

(Source: Al-Madkhal-ul-Uloom-e-Al-Qanooniyya: 238)

The Gospel of Matthew also records: “Do not think that I have come to abolish the law of Moses. I have not come to abolish it, but to fulfill it. The commandments of this Book (Torah) will remain valid until their purpose is achieved.”

(Source: Matthew, Chapter 5, Verses 17-19)

This clearly indicates that, under Christian inheritance laws, women cannot inherit, and the firstborn son is the sole heir of the entire property.

Arabian Inheritance System During the Pre-Islamic Era

In the Arabian Peninsula, the inhabitants were generally referred to as Arabs. Historical accounts show that, during the pre-Islamic period, most Arab tribes were nomadic and did not settle permanently in one place. They would move to areas with abundant water and grass and live there temporarily. Once these resources depleted, they would move to another location. Their way of life was nomadic, and there was no organized economic, social, or community system. They followed the jungle’s law: “Might is right”. Their lives revolved around raids, battles, and looting, which they took pride in. Consequently, the Arabs’ inheritance system was based on patriarchy and physical strength. Only men could inherit property, while women had no status or rights in inheritance. Women were treated as commodities or animals. A woman could not inherit from her father, husband, or children under any circumstances.

Customary Causes of Inheritance Among Arabs in the Pre-Islamic Era

During the period of ignorance (Jahiliyyah), the Arabs had three primary reasons for acquiring inheritance:

1. Al-Nasab wal-Qarabat (Blood Relation)
2. Al-Tabanna (Adoption)
3. Al-Halaf (Alliance)

References: (Tafseer Al-Qurtubi: 5/79, Ahkaam-ul-Qur’an li Ibn Al-Arabi: 1/328, Tafseer Al-Tabari: 4/275, Ahkaam-ul-Qur’an Lil-Jassas: 23, Taareekh-ul-Arab Qabl-al-Islam: 5/274-275)

1. AL-NASAB (BLOOD RELATION) –

In pre-Islamic Arabia, inheritance was based on kinship or blood relations. However, despite being closely related, certain individuals—such as mothers, daughters, sisters, young children, and elderly men—were excluded from inheritance. This exclusion was based on their inability to fight against enemies or defend their tribe. Thus, only young, strong, and brave individuals were deemed eligible to inherit property.

This custom persisted even during the early days of Islam. For instance, when Saad bin Al-Rabee (رضی اللہ عنہ) was martyred in the Battle of Uhud, his wife brought their two daughters to the Prophet (ﷺ). She complained: “O Messenger of Allah (ﷺ), these are the daughters of Saad bin Al-Rabee (رضی اللہ عنہ), who was martyred at Uhud. Their uncle has taken possession of all of Saad’s property and has left nothing for them. Without wealth, how will they get married?”

The Prophet (ﷺ) replied: “Allah will soon decide on this matter.”

Following this, the verses of inheritance were revealed: “Allah commands you concerning your children: for the male, what is equal to the share of two females…”

(Surah An-Nisa: 4:11)

The Prophet (ﷺ) then ordered the uncle to give two-thirds (2/3) of the property to Saad’s daughters, one-eighth (1/8) to his wife, and keep the remainder for himself. (Narrated by Bukhari and Muslim from Jabir bin Abdullah)

Before Islam, women held no significant status, but Islam rescued women from humiliation and granted them honor and respect.

2. AL-TABANNA (ADOPTION)

In pre-Islamic Arabia, it was a common practice to adopt someone else’s son and treat him as one’s own. The adopted son would then be attributed to the adopter and become his legal heir. For example, before his Prophethood, the Prophet Muhammad (ﷺ) freed Zaid bin Harithah (رضی اللہ عنہ) and adopted him as his son. He was then referred to as Zaid bin Muhammad (رضی اللہ عنہ). This practice continued in the early Islamic period until it was abrogated by the revelation of the following verses in Surah Al-Ahzab: “Allah has not made your adopted sons your [true] sons…”

(Surah Al-Ahzab: 33:4-5)

3. AL-HALAF (ALLIANCE)

In the era of ignorance, alliances were another means of becoming an heir. Two individuals would pledge loyalty to each other through an oath, saying: “Your blood is my blood, and your destruction is my destruction. You inherit from me, and I inherit from you. You claim through me, and I claim through you.” Upon the death of one party, the other would inherit one-sixth (1/6) of the deceased’s property. This practice was later annulled by the revelation of the verse: “But those of blood relation are more entitled [to inheritance] in the decree of Allah…”

(Surah Al-Anfal: 8:75)

CONCLUSION

These were the inheritance laws that existed before Islam in other civilizations and among the Arabs. An impartial and rational reader can easily discern where true justice lies—whether in man-made laws or the divine laws revealed by Allah. Islam brought justice and fairness by giving every rightful heir their due share, whether they were women, weak individuals, or children.

REFERENCE:

Urdu Book: “Islam Ka Qanoon-e-Warasaat” of  Salah Uddin Haider Lakhwi.

English translation by : Umme Abdul Rahman 

Review by : Professor Sheikh Bilal.