People entitled to inheritance were briefly mentioned in verse 7 of the previous section which also carries details about some kinds of those so entitled. Also given there are their shares under different circumstances. More details in this connection shall be appearing later towards the end of this Surah. Remaining shares have been identified in ahadith. Muslim jurists have collected and codified all details of the rules of inheritance from the Qur'an and Hadith, giving it the status of a permanent science which, in Islamic terminology, is known as عِلمُ الفرایض ` Ilmul-Fara'id (the Science of the Laws of Inheritance).

The present verse (11) describes shares for children and parents along with some related aspects of inheritance.

INHERITANCE

Preliminary Rights on the Property of the deceased

According to the principles of Islamic law, the expenses incurred on the shrouding and burial of a Muslim deceased should be the first thing to be paid out of the property left behind by him. This should be done in accordance with Shari'ah avoiding the extremes of extravagance or stinginess. After that, his debts should be paid. If the amount of his debts is just equal to the property left by him, or even more than that, then, there will be no distribution of inheritance and no application of any will. And in case there remains some property after paying debts, or if there are no debts, then, subject to any will made by him which should not be a will of sin, then, this ‘will’ should be carried out to the extent of one-third of his remaining property. If someone makes a will for his entire property, it will not take effect. Such ‘will’ shall be considered valid for only one-third of his property. The fact is that making a will for more than one-third of the property is not appropriate; and if it is done with the intention of excluding inheritors, it becomes a sin.

Once the debts are paid and the will has been applied within one-third, the rest of the property should be distributed among the legal heirs, details of which are available in books of فرایض Faraid, the Muslim law of inheritance. Incidentally, if the deceased has made no will, then, following the payment of debts, the whole of the remaining property shall be distributed as inheritance.

The share of children

As it has appeared in the previous section, the distribution of inheritance shall be on the principle of الاقرب فالا قرب (the nearest, then, the nearest). Since the children of the deceased and his parents are the nearest, therefore, they inherit under all conditions. These rela-tions are the nearest and most direct of all relationships that human beings have, others being indirect. So, the Holy Qur'an takes up their shares first and beginning from the share of children, it says:

يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ‌ مِثْلُ حَظِّ الْأُنثَيَيْنِ

Allah directs you concerning your children: for a male there is a share equal to that of two females.

This is a universal rule which entitles boys and girls both as recipients of inheritance, determines the shares of each and, at the same time, unfolds the operative rule in the event the deceased leaves behind both male and female children when their shares in the prop-erty will be distributed in a way that each boy gets twice that of a girl. For instance, if someone leaves behind one boy and two girls, the property will be split in four portions or shares out of which 2/4 will be given to the boy and 1/4 to each girl.

The importance of giving shares to girls

The Holy Qur'an demonstrates visible concern to ensure that girls are given their share when it mentions the share of girls as a basis for determining the share of boys. In other words, instead of saying - ` for two females there is a share equal to that of one male'- it has elected to say: لِلذَّكَرِ‌ مِثْلُ حَظِّ الْأُنثَيَيْنِ (for a male there is a share equal to that of two females.) Those who do not give shares to sisters on the pretext that they have forgone their right are in error, because their sisters usually do not forgo their rights willingly. Done reluctantly, with the knowledge that they are not going to get anything anyway, they think, why create bad blood between brothers and sisters? Such an act of forgiving is not valid under Islamic law. Their claim remains due against brothers - and those who usurp inheritance are terrible sinners. In case minor girls hold shares in such inheritance, not giving them their shares is a sin committed twice by usurping the share of a legal heir and by devouring the property of an orphan.

As part of further explanation later, the share of girls has been described by saying:

فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَ‌كَ

It means that, if there is no male child and there are only girls and they are more than one, then, they shall get two-third of the inherited property in which all girls will be equal sharers. The remaining one-third will go to other rightful heirs of the inheritance, such as the parents of the deceased, wife or husband. Two girls and more than two will all share in the two-third.

The share of 'more than two' girls appears in the Qur'anic verse very clearly فَوْقَ اثْنَتَيْنِ (more than two). However, if there are two girls only, they are governed by the same rule which governs more than two. The proof appears in Hadith:

حدثنا مسدد حدثنا بشر بن المفضل حدثنا عبد اللہ بن محمد بن عقيل عن جابر بن عبد اللہ قال خرجنا مع رسول اللہ صلی اللہ عليه وسلم حتی جٔنا امرأة من الأنصار في الأسواق فجات المرأة بابنتين لها فقالت يا رسول اللہ هاتان بنتا ثابت بن قيس قتل معک يوم أحد وقد استفا عمهما مالهما وميراثهما کله فلم يدع لهما مالا إلا أخذه فما تری يا رسول اللہ فوالله لا تنکحان أبدا إلا ولهما مال فقال رسول اللہ صلی اللہ عليه وسلم يقضي اللہ في ذلک قال ونزلت سورة النسا يوصيکم اللہ في أولادکم الآية فقال رسول اللہ صلی اللہ عليه وسلم ادعوا لي المرأة وصاحبها فقال لعمهما أعطهما الثلثين وأعط أمهما الثمن وما بقي فلک (ابو داؤد کتاب الفرایٔض ، وبمعناہ فی الترمذی ابواب الفرایٔض)

Sayyidna Jabir ibn ` Abdullah has reported the following event: "Once we went out with the Messenger of Allah s until we passed by an Ansari woman in the neighbourhood of Aswaf. The woman came along with her two girls and said: 0 Messenger of Allah, these two girls are daughters of Thabit ibn Qays (my husband) who fell a martyr at the battle of Uhud while with you. The uncle of these girls has taken possession of whatever they had of their entire inheritance and has left nothing for them. What do you say' about it, 0 Messenger of Allah? By Allah, these girls can never hope to be taken in marriage by anyone unless they have some assets. Then, the Holy Prophet ﷺ ، said: Allah will decide in this matter.

Sayyidna Jabir says: When this verse of Suratun-un- Nisa يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ was revealed, the Holy Prophet ﷺ said: Call that woman and the man she mentioned (the brother of her deceased husband who had taken possession of his entire property). He said to the uncle of the girls: Give the girls two-thirds of the entire property; their mother, one-eighth and what remains is for you. (Abu Dawud, Kitab al-Fara'id Tirmidhi, Abwab al-Fara'id)

In the case mentioned in the hadith, the Holy Prophet ﷺ gave out two-third to two girls as well, following the very rule of more than two which appears in the verse of the Holy Qur'an under reference.

After that, it was said: وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ. It means: If the deceased left behind one girl only and no other children, then, she will get one-half of what her father or mother have left behind. The rest will go to other inheritors.

The share of parents

The text, moving to the share of the parents of the deceased, mentions three states:

1. Firstly, the deceased may have left behind parents who are still alive, and children too, whether only one boy or girl, in which case, the father and mother will get 1/6 each. The legacy that remains will go to children, wife or husband. There are particular circumstances when some of the remainder returns back to the father which is in addition to the one-sixth fixed for him. In the terminology of علم الفرایٔض ` Ilmu` l-Fara'id (The Science of the Laws of Inheritance), such entitlement is known as the entitlement of تعصیب "Ta'sib (Agnatic kinship).

2. Secondly, under a situation when the deceased has no children, brothers or sisters, but does have parents still living, the mother will get 1/3 of the inherited property while the father will get the remaining two-third. This rule governs a situation when the husband or the wife of the deceased is not alive to share in his inheritance. If the husband or wife is present, their share will be taken out first and from what remains, 1/3 will go to the mother and 2/3 to the father.

3. Thirdly, under a situation when the deceased has no children but does have brothers and sisters whose number is two, whether two brothers or two sisters, or more than two, then, under that situation, the mother will get one-sixth and, if there are no other heirs, the remaining 5/6 will go to the father. As evident, the presence of brothers and sisters has reduced the share of the mother, but the brothers and sisters will get nothing because the father is nearer as compared to brothers and sisters. What remains will go to the father. In this situation, the 'share of the mother has come to 1/6 instead of 1/3. In the terminology of 'Fara'id', this is known as "Hajb al-Nuqsan". The presence of these brothers and sisters causing reduction in the share of parents, irrespective of whether they are real or whether they are from the same father but different mother or whether from the same mother but different father, under all such conditions, their presence will reduce the share of the mother - subject to their being more than one.

The text, after describing the fixed share, says:

آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُ‌ونَ أَيُّهُمْ أَقْرَ‌بُ لَكُمْ نَفْعًا ۚ فَرِ‌يضَةً مِّنَ اللَّـهِ ۗ إِنَّ اللَّـهَ كَانَ عَلِيمًا حَكِيمًا

It means: 'These shares for children and parents have been determined by Allah Almighty Himself in His infinite wisdom because He is Wise and He knows everything. The shares fixed have great considerations behind them. If the distribution of inheritance was left to your opinion, you would have made beneficialness the criterion of such distribution. But, who will be the best to receive or deliver real benefit is something which would have been difficult for you to ascertain with any measure of certainty. Therefore, 'nearness in kinship' was preferred to 'being beneficial' as the criterion of the injunction.

This verse of the Holy Qur'an clearlydeclares that the shares of inheritance determined by Allah ‘Almighty are settled injunctions from Him. Nobody has any right to enforce opinion or to increase or decrease its stipulations. These should be accepted whole-heartedly This command from everyone's Creator and Master is based on what is wise and beneficial for human beings. There is no aspect of benefit outside the expanse of His knowledge and there is no command He gives bereft of some or the other element of wisdom. Man cannot, all by himself, recognize his gain and loss in the real sense. If this question of the distribution of inheritance was left to man's personal opinion, it was certain that man would not have decided correctly because of his limitations in understanding and, as a result of which, lack of moderation and justice would have affected the distribution of inheritance. So, Allah Almighty, in His most exalted majesty, took this responsibility in His hands so that justice and equity reign supreme in the distribution of property and the capital left by the deceased circulates in the hands of competent inheritors in a manner which is just and equitable.