the lectures of Nokounam, may his secret be sanctified (Session 946)
The Holy Qur'an, as the divine book of guidance, presents systems for regulating human affairs with profound and wise discourse, one of the most important of which is the inheritance system. This system, crystallised in the luminous verses of Surah An-Nis, not only delineates a framework for the equitable distribution of wealth after the demise of individuals but also reflects divine wisdom in establishing social and economic balance. This treatise, by contemplating verse twelve of Surah An-Nis, examines the inheritance rulings, their related social transformations, and the necessity for revising these rulings in light of the changes of the era. Its objective is to illuminate, with a deep and multifaceted approach, the jurisprudential, social, and philosophical dimensions of these verses for the readers and to open a path towards a more precise understanding of divine wisdom.
The inheritance system in the Holy Qur'an is founded upon the principle of "lil-dhakari mithlu hazzil-unsatayn" (to the male [belongs] the equivalent of the portion of two females). This principle, stated in verse eleven of Surah An-Nis, provides a general framework for the distribution of assets among heirs. Historically contextualised, this system was designed to maintain a balance between the social and economic roles of men and women. Nevertheless, social developments and changes in circumstances raise the possibility of revising this system, for every ruling is contingent upon its subject, and with the alteration of the subject, the ruling also changes.
وَ لَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ ۖ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَو دَيْنٍ ۚ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ ۚ مِن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَو دَيْنٍ ۗ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ ۚ فَإِن كَانُوا أَكْثَرَ مِنْ ذَلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ ۚ مِن بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ ۚ وَصِيَّةً مِنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَلِيمٌ
And for you is half of what your spouses leave behind if they have no child; but if they have a child, then for you is a quarter of what they leave behind, after any bequest they make or debt; and for the spouses is a quarter of what you leave behind if you have no child; but if you have a child, then for them is an eighth of what you leave behind, after any bequest you make or debt. And if a man or a woman bequeaths (property) as residuary and has a brother or sister, then each one of them has a sixth. But if there are more than that, they share a third, after any bequest made or debt, not causing harm. This is a commandment from Allah, and Allah is Knowing and Forbearing.
Verse twelve of Surah An-Nis articulates the inheritance rulings for spouses with precision and clarity. If the deceased spouse has no child, half of the estate is allotted to the surviving husband; however, if there is a child, this share diminishes to a quarter. This reduction indicates the prioritisation of children within the inheritance system, which, from a jurisprudential perspective, aids in preserving the rights of future generations. For wives, in the absence of children, a quarter of the estate and, in the presence of children, an eighth is apportioned individually to each spouse. This ruling is applied per individual, irrespective of the number of spouses, to ensure justice among them.
The Holy Qur'an emphasises the execution of bequests (up to one-third of the estate) and settlement of the deceaseds debts prior to inheritance distribution. This priority reflects divine concern for upholding financial and ethical obligations. Bequests, which may include allocation of part of the estate to charitable causes or specific individuals, must be "non-detrimental"meaning they must not harm the heirs or facilitate unlawful acts such as gambling or wastefulness.
In situations where the deceased has neither children nor parents (Kallah), inheritance is transferred to other relatives such as brothers or sisters. If there is only one brother or sister, each receives one-sixth of the estate; but if there are multiple siblings, they collectively share one-third. This system preserves justice among more distant relatives and demonstrates the comprehensiveness of the Holy Qur'an in regulating all possible scenarios.
The inheritance system in the Holy Qur'an, centred on the principle "to the male the equivalent of the portion of two females", offers a just framework for the distribution of wealth. This system, by prioritising bequests and debts as well as addressing specific cases such as Kallah, establishes justice among heirs. However, social transformations and evolving gender roles necessitate a reassessment of these rulings, which will be examined in subsequent sections.
One of the most significant social changes impacting inheritance rulings is the shift in womens roles from domestic to social and managerial positions. Historically, women primarily engaged within the household framework; today, their presence in public spheresranging from management to social demonstrationsis prominent. Laws enacted in some societies, such as the allocation of forty per cent of managerial positions to women, have not yet achieved full equality but represent steps towards change.
With women's exit from domestic confines, challenges such as female oppression and insecurity have increased in modern societies. These issues, widely observed in some regions, indicate the inefficacy of both traditional and modern protective systems. Islam, within its historical context, advocated domestic protection for women, but this approach appears inadequate in the contemporary world where women participate actively in public spaces. This necessitates modern jurisprudential ijtihd to design new protective systems.
Despite efforts to reduce insecurity and support women's rights, modern laws have proven insufficient against moral and social corruption. This inefficiency reflects the complexity of social challenges and underscores the need for a multifaceted approach combining jurisprudence, sociology, and psychology.
Social transformations, especially the changing roles of women, challenge inheritance rulings and protective systems. These changes highlight the necessity for jurisprudential revision employing modern sciences. Islamic jurisprudence must, through dynamic and scientific ijtihd, offer a novel system of protection and justice responsive to the demands of the age.
The Holy Qur'an, in verse twelve of Surah An-Nis, introduces inheritance rulings as "udd Allh" (limits prescribed by Allah). These limits not only guarantee social order but also mirror the overall order of creation. The natural order, such as the delicate settling of snow or geological transformations converting seas into mountains and mountains into seas, reveals divine wisdom.
The Qur'ans depiction of "Gardens beneath which rivers flow" portrays a paradise free from pests. Unlike worldly gardens where subterranean moisture penetrates hundreds of metres and may generate pests like mosquitoes, these rivers are described as flowing beneath transparent coverings that prevent moisture from reaching the surface and causing harm. This depiction indicates a scientific and aesthetic order within divine creation.
Despite scientific progress, humanity comprehends only a minute fraction of creations mysteries. The Qur'an states, "And you have not been given of knowledge except a little." This limitation necessitates humility before divine grandeur.
The Qur'anic verses, by portraying the order of creation and divine limits, invite humanity to reflect upon divine wisdom. The dual reality of limited human knowledge and the astonishing order of creation guides humans toward love and humility before God. These reflections form the foundation for a deeper understanding of divine rulings, including the inheritance system.
Historically, religious knowledge has sometimes failed to convey scientific truths due to simplification or social pressures. Beliefs such as the denial of moon landings or Earth's gravity exemplify such limitations. Rooted in scientific ignorance, these beliefs have trivialised religion and hindered its development.
Traditional texts, such as Tawd Mufaal, once aligned with contemporary scientific knowledge, now appear ineffective due to scientific inaccuracies. This reality underscores the necessity to reassess religious texts using modern sciences.
To preserve credibility and efficacy, religious knowledge requires reassessment and alignment with modern sciences. This process not only removes superstition but also leads to a deeper and more practical comprehension of the Qur'anic verses.
The interpretation of verse twelve of Surah An-Nis presents the inheritance system as part of Allahs prescribed limits that establish justice and balance within society. Historically, this system responded to social needs; however, modern developments, such as the changing roles of women and rising insecurity, necessitate a reassessment of its rulings. The order of creation, from paradisiacal rivers to the settling of snow, reveals divine wisdom and calls for humility before Gods grandeur. Religious knowledge, to meet the demands of the present era, must amalgamate with modern sciences to eradicate superstition and pave the way for a deeper understanding of the Holy Qur'an. This treatise, by contemplating these dimensions, endeavours to represent divine wisdom in the global age.
Supervised by Sadegh Khademi
