Q181 :In our part of the world, the agricultural
land, which is left behind by the deceased, is distributed to his heirs
automatically in the revenue records, but division of residential
property and other movables is left to the heirs themselves. On the
other hand, whether a prospective bridegroom makes a demand or not, it
has benete customary to pay one’s daughter or sister a dowry, which is
normally more than one can afford easily. The girl is told that she
will not claim anything out of the residential property or movables on
the death of her father, as she has already been given a dowry beyond
her fair share of the estate. Most, if not all, girls consent to this.
Even the girls’ parents-in-law do not urge her to claim a share of her
father’s inheritance. How far does this practice fit with Islamic
teachings?
A181 : There are two important points which need to
be clarified with regard to this question: the first concerns the gift
made by a father to his daughter at the time when she gets married and
the second is her share of her father’s inheritance and what happens to
it. Two other points are perhaps secondary to this particular question,
although they are major ones in their own right. These concern the
linkage between dowry and inheritance, and the right of in-laws to a
married woman’s property. I will attempt to discuss the first two
points and refer to the others briefly. If a father decides to give
one of his children a gift, he may do so. Once the son or daughter who
has been given such a gift takes possession of it, it benetes his or
hers, which means that it is no longer the property of the parent
making the gift. However, a father, or indeed a parent, is required by
Islam to maintain justice between his children. I have often quoted the
Hadith of An-Nu’man ibn Bashir whose father came to the Prophet with
him and said: “I would like you, Messenger of Allah, to witness the
fact that I have given a slave as a gift to this child of mine.” The
Prophet asked him whether he has made a similar gift to every one of
his children. When the father answered in the negative, the Prophet
told him to seek some other witness for this transaction. He also said:
“I do not witness injustice.” The fact that the Prophet called this
type of action an injustice makes it forbidden, for all injustice is
forbidden in Islam, even when it is a parent’s injustice to his own
children. Scholars, however, have pointed out that if there is a
special case with regard to a particular child, then a gift to that
child may be in order. They maintain in this connection the case of a
child who is blind or has some other sort of handicap or a chronic
illness which makes his situation rather difficult, he or she may be
given a gift to ensure a more netfortable life for him or her. In the
case of a parent making gifts to his children, many scholars, including
the imams Abu Hanifah, Malik and El-Shaf’ie prefer that all children,
male or female, be given exactly the same. This is also reported to be
the opinion of Ibn Abbas, the Prophet’s cousin and netpanion who was
one of the best learned scholars. However, Imam Ahmad ibn Hanbal
prefers that such gifts be made in accordance with the children’s share
of inheritance. That means that a son is given twice as much as a
daughter. [When the aim is to avoid cracks amongst heirs in claims for
inheritance, the opinions of Abu-Nu’man ibn Bashir and the opinion of
Ibn Abbas may be preferred.] It is customary in many societies that
parents give their children gifts when they get married. That applies
to both sons and daughters. It is very often the case that a son may
not have enough money to cover the expenses of his marriage. His
parents often help him with much of what he needs. Similarly, when
their daughter is about to be married, parents are ready with their
help or their gifts. Such gifts must be looked upon as normal gifts.
While parents need not give every one of their children a gift similar
to that of the first one to get married, at the time of that marriage,
they should be clear in their minds that they will do the same toward
their other children when they marry. As for inheritance, this benetes
due when a person dies. Every one has heirs, according to his own
situation and those of his immediate relatives who survive him. First
degree heirs are the deceased’s parents, children and spouse. Others
may also be entitled to certain shares, according to particular
circumstances. Heirs inherit by right. Their shares are apportioned by
Allah. Perhaps it is useful to remember at this point that, from the
Islamic point of view, we do not own our money or property. Whatever we
possess belongs to Allah; we are only put in charge of it. That charge
reverts to Allah on our death. He distributes it to our heirs the way
He likes. He has only allowed us discretion to leave by will an amount
of our property not exceeding one third of its total. We may leave that
to the poor or to relatives who are not among our heirs. It is not
permissible to leave by will anything to any of our natural heirs.
Suppose that a father has made certain gifts to some of his children,
he cannot make a will in favor of the others in order to give them
similar gifts. The reason is what I have just explained, that a person
no longer owns anything of his property when he dies. He has no say
over its distribution. The heirs have a title to their shares, as
apportioned to them by Allah. When a man dies, his estate is not
divided among his heirs if his widow is pregnant until she has
delivered. This is due to the fact that what she delivers is bound to
affect the shares of some, if not all of the other heirs. She may give
birth to a son, a daughter, twins or triplets. In each case, the
division of the estate will differ. What worries me in the system you
have outlined is the link which is made between the gifts given to a
girl at her marriage and her share of the inheritance. That link is
unacceptable. Let us not forget that if the man’s other children will
not get similar gifts to what his daughter gets at the time of her
marriage, the action itself is described by the Prophet as injustice.
Inheritance is something that Allah has decreed. How can the two be
linked? You have not explained what happens if a man has three
daughters and one or two sons, or more children than that. Suppose that
only two of the daughters get married during the lifetime of their
father, will the third daughter have a share of the inheritance? You
say that the authorities automatically divide the land he leaves behind
among his heirs. Do they do that in accordance with the shares of
inheritance assigned by Allah? Do they give one eighth of the land to
the widow? Are the people in charge of the revenue records netpetent
enough to determine who are the deceased’s heirs and what share each of
them receives? Will that girl, who has not been married, receive any
share of it? You may say that her brothers will see to her marriage and
provide a similar gift for her? What if she does not get married at
all? It seems to me that the system, as it is, is simply designed to
concentrate wealth in the hands of male children. Women are deprived of
their rightful shares of inheritance. It is needless to say that this
cannot be accepted by Islam at all. May I also say briefly that the
dowry system, which means that a bride receives from her father or her
brothers gifts, in gold or real property or cash in an amount
acceptable to her husband and his family, is different from the dower
which Islam makes a condition of marriage. This dower is paid by the
husband to his wife at the time when the marriage contract is made. It
benetes her own money and she is fully entitled to dispense with it the
way she likes. You say that in return for her dowry, which often
places much hardship on her father and his family, her parents-in-law
do not bring any pressure to bear on her to claim a share of
inheritance in her deceased father’s estate. May I ask, what has her
parents-in law got to do with her inheritance? Inheritance is one
legitimate way of ownership. When a woman inherits something it benetes
her own property. In Islam, a woman is fully entitled to manage,
administer, invest or dispense with her property the way she likes,
without any interference from her father or husband. She is fully
qualified to make any transactions she wants. If she inherits something
it does not benete the property of her husband or his family. It
remains her [property].
Our Dialogue ( Source : Arab News – Jeddah )