Q. My maternal grandfather died over 20 years ago. He made a will, by which he gave my mother a house while another house was willed to my brother, who was a minor at the time. The house given to my mother was let out, while we lived in the other house: My grandmother, parents, brother, my two sisters and myself. Several years ago the rented house was sold to finance the marriages of the three sisters. Now the other house is being sold and we are told that the proceeds will go to my brother. I wonder whether this is correct. My grandmother is too old and weak. She has no income. Please advise.
Asma
A. The Islamic system of inheritance is different from all other systems. It is fair to all. Its basis is that man does not own what he has; the owner is God, and we all are simply placed in charge of what we have. Our mandate over it is abrogated at the moment of death.
Thus, no one has a say in how his estate is distributed. It is all determined by God who gives fair shares to those who qualify as heirs. These are different from one case to another, depending on which of one’s nearest relatives survive him or her.
Within this context, God has granted us a concession which the Prophet (peace be upon him) describes as an act of charity. It allows us to bequeath by will a portion of our property not exceeding one-third, with the proviso that nothing can be given to anyone who receives a share by the system of inheritance. Thus, no will can be made in favor of one’s parents, children, husband or wife, because these are first degree heirs whose shares are given by God. If they were to receive something by will, this will lead to unfairness, which God does not approve of. What is bequeathed by will should go either to relatives who are not heirs and may be poor and deserving, or to charitable purposes that could earn reward for the person making the will after he or she has died.
Now if we look at this case, we find the man giving one house to his daughter and one to his grandson, leaving other heirs or relatives in the same degree with nothing. This case might have taken place in a country where Islamic law is not implemented, thus allowing the will to stand. Had it been in a Muslim country where the Islamic law of inheritance remains in operation, it would have been pronounced invalid.
The Islamic law of inheritance defines heirs of the first degree who inherit in every case. These are parents and children, as well as the deceased’s spouse, i.e. husband or wife.
This line moves upward to grandparents and their parents, and downward to grandchildren and their children. However, it does not move in either direction unless there are no heirs in the nearer step. Thus, grandchildren do not inherit if their parent, who is the deceased’s son or daughter, is alive. Similarly, a grandfather does not inherit if the deceased’s father is alive. Moreover, a spouse always has a nominated share of inheritance.
In this case, the reader’s maternal grandfather wrote a will that gave his property to some of his heirs, leaving others without anything. How can this be valid? His wife, who is the reader’s grandmother, was left with nothing. Perhaps the man felt that his children would be looking after their mother well. It seems that they did so far, but now that the woman is very old and the house where she is living will be sold, she may be left hard and dry. His daughter, who was given a house, might have received less or more than her share, depending on several factors: was she the only child? Did the man’s property include other substantial assets? His grandson, given the other house, might have been entitled to a share of the property but I cannot determine that without more information.
What I need from the reader is to write again, stating exactly who of the man’s relations were alive at the time of his death. She should mention whether he had other sons and daughters, or may be another wife, and whether he had either or both of his parents alive, and also what brothers and sisters of his were alive at the point of his death. She should also mention when any of these died. Without such information I cannot answer her question.
Fasting by Pregnant and Breast-Feeding Women
Q. You have recently said that women who are pregnant or breast-feeding can be exempted from fasting in Ramadan, and they need only to compensate by feeding a poor person two meals for each day they do not fast. I am attaching a fatwa that is at variance with what you said. Please comment.
(Name and address withheld)
A. I have read this fatwa, and I have been aware of its subject matter for a long time.
There is nothing new in it. It is the standard fatwa compiled by scholars on the basis of what is known of the rulings given by schools of thought. You can see that from the fact that at some instances, the fatwa refers to, or names an early scholar’s view and comments whether it is supported by strong evidence or not.
The easiest thing for a scholar when answering a question is to refer to a standard book and look up the ruling. The role of a scholar, however, is different from that. It is to look at each case and consider the different rulings, giving the one that is easiest for the person putting the question, provided it does not compromise any essential Islamic value. The fatwa you have attached gives detailed views and looks into situations that are difficult for a woman to identify. When faced with such a fatwa, people are confused and will try to seek a different opinion.
I have looked very carefully into the question of pregnant and breast-feeding women with regard to fasting. There are many factors involved into this, which are too detailed to discuss here. I have given the view that is well supported by evidence, easy to understand and implement, and ensures the safety and well being of the woman and her child. This is indeed what serves the purposes and the higher objectives of Islamic law. This is indeed what the Prophet (peace be upon him) has encouraged us to do as he said: “Try to make things easy, not difficult, pleasant not unpleasant.” His wisdom is superior indeed.