Islamic Inheritance: An Introduction

In the Name of Allah, the Compassionate, the Merciful

Introduction

Islamic Inheritance is one of the principle foundations of Islamic society. Islamic Inheritance is more than simply a different distribution scheme; it is a different way of looking at property. In the United States, the way in which property has been viewed has been fundamental to how society has evolved. While the United States has in many respects progressed from a society where only white men may own property, to one in which people of all colors and genders can own property, Muslims appear to have retrogressed, at least when it comes to a system of inheritance rights that is unmatched anywhere when it comes to fostering family harmony.

Problems with the American system of inheritance

In some ways the perceived strengths of the inheritance system in the United States is also its major weakness. That anyone can pass whatever they want in the manner they want can cause some of the most significant problems. This is because people can be deceived, manipulated or be subjected to passing prejudices and biases that can result in decisions that can cause the overall cohesiveness of families, and therefore societies, to rupture. Decisions made by families or the decision not to act, as well as various gaps in the law that may appear in certain cases, can lead to injustices. This has been acknowledged in American courts for decades.

Why Muslims are behind

Muslims who live outside the United States have not been used to thinking about inheritance, since most Muslim-majority governments address the issue for them. As a result, they typically do not address the problem and allow the default system of inheritance; the surviving spouse gets everything, to play out. Not only does this violate the Shari’ah (Islamic law), it also leads to injustices.

What we assume about you

This series is not an argument for Islamic Inheritance. We do this elsewhere on the website. For this series to have any value to you, the following would be true:

You are a Muslim
Islamic Inheritance is a faridah (religious obligation) and specific shares are ordained in the Qur’an.
Certain individuals have rights to inheritance irrespective of whether you like them, there is no way to disinherit them if you don’t.

What we hope to achieve

This series is a step-by-step process of addressing the most important succession issues; it is based on materials we provide at our workshop on Islamic Inheritance. We will start and end with organizing property, since this is where the process starts and ends. We cannot forget however that part of the process of looking after your affairs and your family is regular vigilance.

We hope that by the end of this course you will have the information needed to begin the process of adopting Islamic Inheritance for your family in the United States. We will also go over related topics including disability and guardianship.

What we will not cover

Common in Estate planning but not addressed in this series (though they will be addressed elsewhere in www.planislam.com) are:

Healthcare decision making.
Burial instructions.
Asset protection.
Planning strategies for the very wealthy.
A wider ranging discussion on exceptions in Islamic Inheritance or detailed rules concerning probate and estate tax. Keep in mind, situations will often be different.

However our failure to address them does not necessarily make them unimportant. Be sure to follow our blog or subscribe to our website to obtain more information about these issues.

Disclaimer

This information is provided to you for educational purposes. It is not intended to be used as legal advice. Furthermore, nothing in these materials is intended to be used, or can be used as tax advice. Nothing can be used to avoid payment of tax or tax penalties pursuant to IRS Circular 230.

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