02. Ahad-e-Nabwi say qabal wiraasat ki taqseem kay qawaaneen
Laws of Inheritance before the Prophetic Era
Before understanding Islamic inheritance laws, it is important to briefly understand the laws, principles, and rules of inheritance that existed in other nations before the rise of Islam. By comparing and contrasting these, a wise reader will realize where justice and fairness are found. In Islamic teachings or the self-created laws of other nations, the first example we look at is the inheritance laws of the Jews (Bani Israel) during the time of Sayyiduna Musa (AS).
❁ The Law of Inheritance among the Jews
The term “Yahood” comes from the Arabic root word “هَاد” which means “to return.” This is derived from the statement of Sayyiduna Musa (AS) in the Qur’an:
“إِنَّا هَدْنَا إِلَيْكَ” (Indeed, we have returned to You)
The Jews, in this context, refer to those who claim to follow Sayyiduna Musa (AS), and since they are descendants of Sayyiduna Ya’qub (AS), they are also known as Bani Israel, meaning the children of Israel (Ya’qub). Some historians claim that “Yahood” was originally the name of one of the sons of Sayyiduna Ya’qub (AS), and over time, this term became widely used to refer to all of his descendants.
❁ Inheritance in the Jewish Tradition
In the Jewish tradition, only the son, father, uncle, and brother could inherit, and women could not inherit at all, whether they were the mother, daughter, sister, or wife of the deceased. The specifics of this law are as follows:
- Son: If the father dies, only his sons inherit, with the eldest son receiving twice the share of the others. However, if all the sons agree to divide equally, this division will also be valid.
- Daughter: In the presence of male heirs, a daughter would only inherit her father’s estate for her maintenance until she reaches maturity, and only if she does not marry. If she marries, her inheritance rights would end, and she would only be entitled to the marriage expenses.
❁ Comparison with Islamic Laws
Islamic inheritance laws granted women rights to inheritance in a way that was not found in earlier traditions. For instance, Islam allowed the daughter to inherit half of what a son would receive in the presence of a male heir. Islam also gave the mother rights to inheritance from her children’s estate, which was not the case in Jewish laws, where the mother was excluded from inheriting from her deceased children.
(Further details on the Islamic laws of inheritance, especially regarding the mother’s share, will be discussed in the section on the inheritance of the mother).
This comparison reveals how the Islamic system brought justice and equity, particularly in terms of inheritance rights, for both men and women, unlike the restrictive and unequal systems that preceded it.
❁ Wife’s Inheritance
In the case of a husband’s death, if the husband passes away before his wife, the wife cannot inherit from her deceased husband’s estate. However, if the wife dies before the husband, the husband becomes the sole heir to her entire estate. The wife’s children cannot inherit her estate
(Al-Muqaaranaat-ul-Muqaabalaat: 253, Al-Ahkaam-ul-Shar’iya: 2/172)
However, in Islamic inheritance laws, both the husband and wife inherit from each other’s estate.
❁ Illegitimate Child (Walad-ul-Zina)
In Jewish law, an illegitimate child (born out of wedlock) is treated as a legitimate son and has inheritance rights just like the biological sons. If the illegitimate child is the firstborn, they receive twice the share of other children.
(Al-Muqaaranaat-ul-Muqaabalaat: 253, Al-Ahkaam-ul-Shar’iya: 2/173)
In contrast, under Islamic inheritance laws, an illegitimate child can only inherit from their mother, not from the father’s side. If a deceased person has no other legal heirs (such as a father, grandfather, son, brother, or uncle), then the first person to take possession of the property becomes the de facto heir. This property remains in trust for three years, after which, if no legitimate heirs appear, the estate is considered the property of the person who had taken possession.
(Al-Muqaaranaat-ul-Muqaabalaat: 253)
These are the basic laws of inheritance among the Jews, which clearly show that women (mother, wife, daughter, or sister) cannot inherit from male relatives. The husband inherits his wife’s entire estate, but the wife cannot inherit from her deceased husband. Similarly, the son inherits from his deceased mother, but the mother cannot inherit from her deceased son.
❁ Christian Inheritance Laws
The Christians, or Nasara, claim to follow the teachings of Sayyiduna Isa (AS). In the current version of the New Testament (Injil), there is no mention of any civil, economic, or social inheritance laws. The Injil primarily contains spiritual and ethical guidelines, like admonitions and teachings. Hence, the Christian communities followed the Jewish inheritance laws and sometimes adopted other legal systems. For instance, in Jordan, the Christian population currently follows Islamic inheritance laws.
A Christian scholar from Jordan, Dr. Sulaiman Marqas, mentions in his book that a man once asked Sayyiduna Isa (AS) to intervene in a matter where he wanted half of his father’s estate from his brother. Sayyiduna Isa (AS) replied: “I was not sent as a judge to divide wealth.”
(Madkhal-ul-Uloom-e-Al-Qanoniyya: 238)
In the Gospel of Matthew (Chapter 5, verses 17-19), it is stated that Sayyiduna Isa (AS) did not come to abolish the laws of Sayyiduna Musa (AS) but to fulfill them. Therefore, the inheritance laws mentioned in the Torah were to remain in effect until their purpose was fully realized.
This clarifies that, under Christian inheritance laws, women do not inherit, and the firstborn son inherits the entire estate.
This comparison illustrates how the Islamic system of inheritance differed significantly from the Jewish and Christian laws of inheritance, offering more equitable rights for women and other relatives in the Islamic framework.
❁ Pre-Islamic Era Inheritance System (Jahiliyyah)
In the pre-Islamic era, the people of the Arabian Peninsula were mostly nomadic tribes. They did not settle in one place permanently but moved to areas with abundant water and grass. Once these resources were exhausted, they would travel to another region. These tribes led a primitive lifestyle with no formal economic or social system. Their way of life was based on the law of might, following the principle of “might is right.” They lived a life of constant struggle, warfare, and disputes, and often took pride in this.
Inheritance during this time was dependent on strength and bravery, and only men were considered heirs. Women had no legal status and were treated almost like animals. A woman could not inherit from her father, husband, or children.
❁ Common Causes of Inheritance in Pre-Islamic Arabia
1. Al-Nasab (Blood Relation)
Inheritance was typically based on blood relations, yet despite having family ties, certain relatives such as mothers, daughters, sisters, and children (whether young or old) were excluded from inheritance. This exclusion was because they were considered weak and incapable of fighting in battles or defending the tribe. Only young and brave men were seen as worthy of inheritance. Even in the early days of Islam, this practice persisted. An example of this is when Sayyiduna Sa’ad bin Al-Rabi’ (RA) was martyred in the Battle of Uhud, and his wife came to Prophet Muhammad (PBUH) with their two daughters, asking how they could marry without an inheritance. The Prophet (PBUH) then revealed the inheritance verses, stating that the daughters should receive two-thirds of the inheritance and the wife one-eighth.
Islam uplifted the status of women and granted them the right to inherit and participate in inheritance matters, which was unheard of in the pre-Islamic era.
2. Al-Tabanna (Adoption)
In pre-Islamic Arabia, it was a common practice for someone to adopt another person’s son and regard him as their own. The adopted child would then inherit from them. For example, before his prophethood, Prophet Muhammad (PBUH) adopted Zaid bin Haritha (RA) and referred to him as “Zaid bin Muhammad.” However, this practice was later abrogated by the revelation in Surah Al-Ahzab (33:4-5), which stated that adopted children could not inherit from their adoptive parents.
3. Al-Halaf (Alliance or Oath of Brotherhood)
In some tribes, alliances or oaths of brotherhood (halaf) were formed, where two individuals would swear an oath of mutual support, and upon the death of one, the other would inherit a portion of their property. After the revelation of Surah Al-Anfal (8:75), this practice of inheritance based on alliances was also abolished.
These were the inheritance practices prevalent in pre-Islamic Arabia. It is clear from this comparison that the Islamic inheritance system introduced fairness and justice, giving rights to women, weaker individuals, and others who were previously denied their rightful share of inheritance. Through divine guidance, Islam established an inheritance system that ensured justice and equity for all, regardless of gender or social status.
REFERENCE:
Urdu Book: “Islam Ka Qanoon-e-Warasaat” of Salah Uddin Haider Lakhwi.
English translated by : Umme Abdul Rahman
Review by : Professor Sheikh Bilal.