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Question: A Hindu
friend of mine has pointed out the following ambiguity in the Qur’anic
verses which mention the law of inheritance. Please help me in removing
his misconception. While alluding to these verses, he writes:
Allah directs you as regards your children’s [inheritance]: to the male a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her, share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the heirs, the mother has a third; if the deceased left brothers the mother has a sixth... (4:11) In what your wives leave, your share is a half, if they leave no child; but if they leave a child, you get a fourth; after payment of legacies and debts. In what you leave, their share is a fourth, if you leave no child; but if you leave a child, they get an eighth… (4:12)
Answer: I am afraid
that your friend has wrongly interpreted the law of inheritance from the
Qur’an. It is this erroneous interpretation which has caused the
apparent anomaly. In this regard, the foremost thing which needs to be
appreciated is that the children of a deceased are the real beneficiaries
of his or her inheritance. This is evident from the fact that their shares
are not mentioned as a fraction of the total inheritance left behind. Rather
they are mentioned in a way which indicates the proportion between the
male children and the female ones. This entails that they shall be handed
their shares in this proportion only after the rest of the inheritance
is distributed in the prescribed way. Consequently, if the deceased only
has female offspring (as in this case), their two-third share will be given
from what remains after the inheritance is distributed among the rest of
the heirs; your friend has made the cardinal mistake of giving this two-third
share from the total inheritance. This of course has resulted in the anomaly
that the shares exceed the available inheritance.
Share of the parents: 1/3 of the total
amount
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