"Allah directs you concerning your children...This is a direction from Allah. Allah is All-Knowing, Forbearing. These are the limits set by Allah." (an-Nisa:11-13)
In general, the teachings of Islam emphasize on fulfilling the rights of all in the different matters of human life. In particular, there is specific mention of fulfilling the rights of heirs, as it is among the greatest rights of a human being. The share received in inheritance is a direct gift from Allah, the Most Kind, in which no human action or effort is involved. Therefore, the share received in inheritance is considered as atyab al-maal, or the purest of wealth.
Whoever disobeys the commands of Allah related to estate distribution deserves His wrath due to several reasons. Firstly, he/she failed to determine the lawful recipient of this divine gift. Thus, by depriving the deserving person, he/she committed oppression. The effects of oppression committed in estate-distribution, remain in the generations to come. The person, who initially failed to determine the distribution shares correctly, bears full responsibility of this injustice. Those whom Allah, the Most Generous, has granted insight in the Deen and concern for the Hereafter, avoid this type of oppression at all costs because once the estate is distributed wrongfully, it is difficult to absolve oneself from its negative effects.
The Three Basic Rights of the Deceased
According to the Islamic law of succession and inheritance, distribution of the estate (property, wealth and personal belongings, etc.) belonging to the deceased will only commence after the following three basic rights are paid in full from the estate:
- Funeral expenses
- Bequests, if any were made to non-heirs, not exceeding one-third of the total estate
SBNY provides an essential service of will preparing consultation and inheritance distribution assistance.