How Property Is Distributed In Islam Between The Heirs Law of Inheritance In Islam

How Property Is Distributed In Islam Between The Heirs 

Introductory Remarks 

The law of inheritance in Islam is an important aspect of the Islamic legal system. It lays down the rules and principles for the distribution of a person's assets and property after their death. The law is derived from the Qur'an and the Hadith (sayings and actions of the Prophet Muhammad (peace be upon him)) and is based on the principles of fairness and justice. The inheritance is divided among the heirs of the deceased, including the immediate family members and the extended family members, with a fixed percentage of the inheritance determined by the Qur'an. The law also recognizes the rights of adopted children, illegitimate children, and women in inheritance, ensuring that their rights are protected and that the wealth of the deceased is distributed in a fair and equitable manner.

Sources Of Islamic Law Of inheritance 

Islam lays down a specific law of inheritance, which is based on the principles of fairness and justice. This law is derived from the Qur'an and the Hadith (sayings and actions of the Prophet Muhammad (peace be upon him)).

According to Islamic law, a person's inheritance is divided among their heirs after their death. The heirs are divided into two categories: primary and secondary.

Law Of Inheritance In Islam Refrance From Quran 

"For men is a share of what parents and close relatives leave, and for women is a share of what parents and close relatives leave, be it little or much - an obligatory share." (Qur'an 4:7)

This verse from the Qur'an lays out the principle that men and women are both entitled to a share of inheritance when parents and close relatives pass away. It emphasizes that the inheritance should be divided fairly, regardless of whether the inheritance is large or small. This verse serves as a reminder that Islam recognizes the rights of both men and women in inheritance and that the distribution should be fair and just.

Primary Heirs In Islam

The primary heirs are the immediate family members of the deceased, including the spouse, children, parents, and grandparents. They are entitled to a fixed percentage of the inheritance, which is determined by the Qur'an. For example, the spouse is entitled to one-fourth of the inheritance, while the children are entitled to two-thirds.

Secondary Heirs In Islamic Law of inheritance 

The secondary heirs are the extended family members of the deceased, such as uncles, aunts, and cousins. They are entitled to a smaller percentage of the inheritance, which is determined by the Qur'an.

Incase Their is No Heirs Of a Person 

In cases where the deceased has no primary or secondary heirs, their wealth is distributed among the poor and needy. But in Pakistan such property will be the state property.

What is the Right of Adopted Child or illegitimate Children In Islamic Law of inheritance 

It is important to note that Islamic law also recognizes the rights of adopted children and illegitimate children, who are treated as the biological children of the deceased.

In addition, Islamic law also recognizes the rights of women in inheritance. Women are entitled to a share of the inheritance, and their rights are protected by the Qur'an.

Overall, the law of inheritance in Islam is based on the principles of fairness and justice, ensuring that the rights of all heirs are protected and that the wealth of the deceased is distributed in a fair and equitable manner.

Concluding Remarks

In conclusion, the law of inheritance in Islam plays a crucial role in ensuring that the rights of all heirs are protected and that the wealth of the deceased is distributed in a fair and equitable manner. It is based on the principles of fairness and justice derived from the Qur'an and the Hadith. It also recognizes the rights of adopted children, illegitimate children, and women in inheritance, treating them as equal to the biological heirs. It is important to note that the Islamic law of inheritance is not only a legal system but it also carries moral and social values such as fairness, justice, and compassion. It is a valuable aspect of the Islamic legal system that helps to ensure that the rights of all heirs are respected and that the wealth of the deceased is distributed in a fair and equitable manner.