10-03-2004, 06:25 PM
Bismillaahi walhamdulillaahi wassalaatu wassalaamu ‘alaa rasoolillaahi
Assalaamu `Alaykum wa Rahmatullaahi wa Barakaatuhu
Teachings of the Qur`aan
An-Nisaa
Soorah 4
Aayat 5-14
by Ayub A. Hamid
After taking care of providing a stable family environment for orphans, a principle was laid down applicable generally to all situations, but specifically to the matters dealing with the affairs of orphans. The command to pay orphans their assets could have been misconstrued to mean that the payment should be made even if the payee is not capable of handling it. The next verse clarifies this aspect, but as a general rule that is applicable to all assets belonging to Muslims. The style of the verse conveys the message that the protection of a Muslim’s resources is a shared responsibility of all Muslims. So, people were told:
5And do not give to the weak of understanding the charge of your assets which Allaah has made for you a means of support, but feed and clothe them therewith, and speak to them words of kindness and honest advice.
Hence, whether the assets and resources belong to a person or a community, Muslims have the responsibility to ensure that they are given in control of only those who can ensure their proper, efficient and responsible usage. After this general direction that applies to orphans as much as it applies to the custody of assets in general, the next verse lays down the guidelines for:
Assessing if the orphans are ready to take over the charge of their assets; responsible and reasonable level of spending on their needs from their assets; and, remuneration for the guardian for the services rendered:
6And test the orphans until they attain puberty; then if you find in them maturity of intellect, hand over their property to them, and do not consume it extravagantly and hastily, in anticipation of their growing up; and whoever is rich, let him abstain altogether, and whoever is poor, let him take a reasonable remuneration; then when you hand over to them their assets, do it in front of witnesses; and Allaah is enough as a Reckoner.
The next section deals with matters relating to inheritance. It starts with taking a revolutionary step by granting women a legitimate share in inheritance, unheard of in any religious literature and 1,400 hundred years ahead of any secular law. It obligates that regardless of how little the quantity or value of the assets left by the deceased is, it must be distributed among all male and female heirs according to the prescribed portions. However, heirs should be kind and charitable to the poor, orphans and relatives who may be present at the time of distribution, but are not eligible for inheritance. Then, after making emotional appeals and giving serious warnings to executors to be extremely careful in protecting the interests of the orphans, the detailed rules for the distribution of inheritance have been given.
7 Men shall have a portion of what the parents and the near relatives leave, and women shall have a portion of what the parents and the near relatives leave, whether it is from little or much - a prescribed portion. 8And if at the time of division, other relatives or orphans or poor are present, give them something out of it and speak to them politely. 9And let the executors have the same fear in their minds as they would have for their own children if they had left a helpless family behind; so they should be careful of their duty to Allaah and speak right words. 10As for those who swallow the property of the orphans unjustly, surely they only swallow fire into their bellies and they shall enter Blazing Fire.
While reading the succeeding verses about inheritance, some facts about the Islamic social and family set-up must be kept in mind. In the Islamic system, the man has been charged with the full responsibility for fulfilling the financial needs of the family and maintenance of the children. Even if a wife is wealthy and has a regular income, the husband remains obligated to provide for her and their children’s basic needs. She is not required to contribute even a penny, unless she spends it on her own good pleasure. Similarly, looking after the parents’ needs or the needs of unmarried (single, widowed or divorced) sisters or daughters is the responsibility of a man. This burden of responsibility has been kept in mind while prescribing portions of inheritance.
11Allaah directs you concerning your children: To a son the equal of the portion of two daughters; then if there are only two or more daughters, they shall have two-thirds of what the deceased has left, and if there is one, she shall have the half. As for his parents, each of them shall have the sixth of what he has left if he has a child, but if he has no child and only his two parents inherit him, then his mother shall have the third; but if he has siblings, then his mother shall have the sixth -- the distribution in all cases to be after the payment of any bequest he may have made or a debt. You do not know who of your parents and your children is the nearer to you in usefulness; these are prescribed portions ordained by Allaah, Surely Allaah is Knowing, Wise. 12And to you belongs half of what your wives leave if they have no child, but if they have a child, then your share shall be a fourth of what they leave after payment of any bequest they may have made or a debt; and they shall have the fourth of what you leave if you have no child, but if you have a child, then they shall get the eighth of what you leave after payment of any bequest you may have made or a debt. And if a man or a woman leaves property to be inherited but has neither ascendants nor descendants, but has a half brother[1] or a half sister, then each of the two gets the sixth, but if they are more than two, they shall be sharers in the third after payment of any bequest that may have been made or a debt – without jeopardizing anyone’s interest. This is a commandment from Allaah, and Allaah is Knowing, Forbearing. 13These are limits set by Allaah, and whoever obeys Allaah and His Messenger, He will admit him to gardens beneath which rivers flow, to abide in them forever; and this is the great success. 14And whoever disobeys Allaah and His Messenger and transgresses His limits, He will throw him into Fire to dwell in it forever, and he shall have a humiliating punishment.
This concludes the reforms concerning the division of inheritance, except for one provision that is given at the end of this Soorah.
As is clear from the wording, these are not mere suggestions, but very specific commands to be followed without any exceptions. No believer has any right to change the portions for anyone mentioned in these verses. These are based on the ultimate knowledge and wisdom of Allaah Subhaanahu Wa Ta'aala. Any variation to these portions or any bequest to give more or less to anyone named in these verses is tantamount to improving upon Allaah’s decision. In an Islamic society, such a legacy would be invalid and considered a serious disobedience of Allaah’s commands that would invoke a severe humiliating punishment from Allaah forever in the Hereafter.
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[1] A brother or sister that has only a mother in common with the deceased.
Next: Verses 15 - 22
Copyright ©2003, Ayub A. Hamid
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