Surah an-Nisa' (Women ) 4 : 7

Overview (Verses 7 - 8)

Inheritance: A Fair System of Social Security
 
Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind; whether it be little or much. It is an apportioned share. (Verse 7)
 
In the days of jāhiliyyah, or ignorance, in pre-Islamic Arabia, no share of inheritance was given to females, and little, if any, was given to young boys. The reason being that neither group could fight against any aggressor. God’s law, on the other hand, made inheritance due to all kinsfolk, according to their degree of kinship and their shares, which will be detailed later. It is the view of Islam that members of the same family should help and look after one another. Everyone is required to look after his relatives when they are in need, and to share their liability in paying compensation in cases of causing death to or inflicting injury or bodily harm on others. Hence, it is only right that relatives should inherit each other, when they leave behind some property, according to their respective kinship. This gives practical effect to the rule that: “gain is commensurate with liability”. Islam is a complete and perfectly coherent system. This is reflected most clearly in the distribution of rights and obligations.
 
This is the general rule of inheritance. Some people may question the concept of inheritance, but this only betrays their rudeness towards God, their ignorance of human nature and the requirements of practical life.
 
It is enough to understand the principles which form the Islamic social system to put an end to such futile arguments. The basic characteristic of this system is mutual care. In order to give mutual care a sound basis, Islam builds its structure on a solid foundation of natural human inclinations that have a basic role to fulfil in human life.
 
Family ties are genuine and natural. They have not been invented by any generation of humanity, nor indeed by the cumulative wisdom of all generations. These ties have a profound effect on human life, its preservation and betterment. No argument against the seriousness of these ties and their effect is worth any consideration. In view of this, Islam makes mutual care within the family the cornerstone of its system of social care and security. Inheritance is one aspect of that. It is also an essential element of the Islamic economic system.
 
Should this provision fall short of looking after all cases which need help, the next step, which is care within the local community, will complement it. If this also falls short, then the Islamic state will look after all those who need care after the family and the local community have fulfilled their duties. In this way, the burden is not thrown totally on the shoulders of the state. The reason being that care within the family or the local community is bound to create feelings of compassion which, in turn, promote co-operation in a most natural way. Moreover, these feelings of compassion constitute a net gain for humanity which cannot be dismissed by any person who has the interests of humanity at heart. Furthermore, family care in particular is bound to leave certain effects that are in harmony with human nature. When a person realises that the effort he exerts to improve his situation will also benefit his relatives, especially his offspring, he will have the motive to double his efforts. His increased productivity benefits the community indirectly. Islam does not create barriers between the individual and the community. Whatever an individual owns belongs to the community as a whole when it needs it.
 
This last rule is enough to make invalid all superficial objections to inheritance, which argue that inheritance gives money to people who have not worked or made an effort for it. The fact is that an heir is an extension of the person from whom he inherits. From another point of view, an heir is the very person to look after his relatives, should he be well off and they be in need. Moreover, all property belongs to the community when it needs it, on the basis of the rules of Islamic social security.
 
Furthermore, the relationship between testator and heir, especially offspring, is not confined to money and property alone. Relatives, both immediate and extended, also pass on their good and bad tendencies, susceptibility to certain illnesses, physical features, intelligence or the lack of it, and so on. All these inherited aspects stay with those who receive them throughout their lives. They cannot get rid of them, no matter how hard they try. It is only fair, then, that they should also inherit property when they cannot avoid, even with the help of the state and all its power, inheriting illness, evil tendencies and stupidity.
 
For all these practical and natural aspects of human life, and for many other social interests, God has laid down the general rule of inheritance: “Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind; whether it be little or much. It is an apportioned share.” (Verse 7) This is the general principle by which Islam gave women, fourteen centuries ago, the same rights as men to have a share of inheritance and by which it has preserved the rights of youngsters who were treated unfairly during the days of ignorance. Ignorant society looked at individuals according to their value in war and productivity. Islam, which is a Divine code of living, looks first at the human value of man. This is his intrinsic value of which he cannot be deprived. His duties and obligations within the family and the community take a secondary position.
 
Under the Islamic system of inheritance, some relatives take precedence over others. This means that certain relatives do not inherit anything because those who are nearer of kin to the deceased take precedence over them. Hence, the sūrah states that if such relatives attend the division of inheritance, they may have an unspecified share by way of compensation; so that they do not feel deprived when they see the division which otherwise may have given them a share. This helps to promote family ties, bringing relatives closer together. The same verse also states that orphans and needy people also have a similar claim: “When other kinsfolk, orphans and needy persons are present at the distribution of inheritance, give them something out of it, and speak to them in a kindly way.” (Verse 8)
 
Different opinions have been reported as being expressed by early Muslim scholars regarding this verse. One opinion states that it was abrogated by those verses which detail the inheritance shares. Another considers that this verse has definitive import. Some say that its message is obligatory while others consider it as only recommended, if the heirs agree to implement it. We do not, however, find any evidence to support the view that it was abrogated. We feel that it provides a definitive ruling which must be implemented in those cases we have already mentioned. Our view is based on the fact that the verse is expressed in general terms, and that Islam promotes mutual care within society. This is different from the specified shares of inheritance which are outlined later in the sūrah.