Denying Sisters Their Inheritance Share is a Major Sin

Ruling on Usurping Daughters/Sisters Inheritance in Islam

Question: What is the ruling regarding those who consume the rights of daughters/sisters in inheritance? If a father transfers property to his sons during his lifetime, are the sisters not entitled to that inheritance? Also, is it permissible to take someone’s wealth without their happiness/consent?

Answer:

Alhamdulillah:

By Allah, this is a very grave mistake that even religious and pious people today have come to consider a trivial matter, and they commit injustice in the division of inheritance. Specifically, daughters/sisters are dismissed by being given a few pennies as dowry or on Eid, etc., and are not given their share in the property. And those poor souls do not ask for their share from their brothers all their lives, thinking that their brothers might get angry or that the doors of their maternal home might be closed to them. Many times, they refuse the share even at the request of the brothers just so their brothers remain happy… and so they receive respect in their parents’ home… But it is not possible that a sister is in need and yet gives up her share willingly from her heart; she does all this only to save her relationship with her maternal family. Has any brother ever made a sacrifice saying, “Come, let me give my share to my sister”? No, this has never happened. So, for God’s sake, I fold my hands and request you: do not break the law made by Allah; give everyone whatever is their due right…

Even before Islam, women were not given rights in inheritance.

As mentioned in a Hadith, the wife of Sa’d bin Rabi’ came to the Messenger of Allah (ﷺ) with her two daughters born of Sa’d and said: “O Messenger of Allah! These are the two daughters of Sa’d bin Rabi’. Their father was martyred while fighting alongside you in the Battle of Uhud. Their uncle has taken their wealth and left nothing for them, and they cannot be married without wealth.” The Prophet (ﷺ) said: “Allah will decide regarding this.” Thus, after this, the verse of inheritance was revealed. Then the Messenger of Allah (ﷺ) sent a command to their uncle saying: “Give the two daughters of Sa’d two-thirds of the wealth, and give their mother one-eighth, and whatever remains is yours.”

Imam Tirmidhi says:

1- This Hadith is Hasan Sahih.

(Sunan Tirmidhi Hadith No: 2092)

(Musnad Ahmed: 3/352, H: 18810)

And Allah Almighty has mentioned the rulings of inheritance in detail in the Quran and has formally appointed a share for women.

Allah Almighty says..!!

أَعـوذُ بِاللهِ مِنَ الشَّيْـطانِ الرَّجيـم

بِسْمِ اللّٰهِ الرَّحْمٰنِ الرَّحِيْمِ

لِلرِّجَالِ نَصِيۡبٌ مِّمَّا تَرَكَ الۡوَالِدٰنِ وَالۡاَقۡرَبُوۡنَ ۖ وَلِلنِّسَآءِ نَصِيۡبٌ مِّمَّا تَرَكَ الۡوَالِدٰنِ وَالۡاَقۡرَبُوۡنَ مِمَّا قَلَّ مِنۡهُ اَوۡ كَثُرَ ‌ؕ نَصِيۡبًا مَّفۡرُوۡضًا ۞

(Surah An-Nisa, Verse 7)

Translation:

For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much - an obligatory share.

Tafseer (Exegesis):

Lir-rijali naseeb: In this verse, a fundamental principle is laid down that in the property left by parents and relatives, whatever its nature may be, just as men have a right, so do women and small children, and even the fetus has a right. The purpose is to refute the pre-Islamic custom of the Arabs, according to which women and children were deprived of the deceased’s estate and property, and only adult sons would seize the property. The context of this verse’s revelation and the determination of shares for men and women are coming in subsequent verses. (Ibn Kathir)

(Tafseer Al-Quran Al-Kareem – Surah No. 4 An-Nisa, Verse 7)

Further, Allah Almighty mentions the division of inheritance:

يُوۡصِيۡكُمُ اللّٰهُ فِىۡۤ اَوۡلَادِكُمۡ‌ ۖ لِلذَّكَرِ مِثۡلُ حَظِّ الۡاُنۡثَيَيۡنِ‌ ۚ فَاِنۡ كُنَّ نِسَآءً فَوۡقَ اثۡنَتَيۡنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ‌ ۚ وَاِنۡ كَانَتۡ وَاحِدَةً فَلَهَا النِّصۡفُ‌ ؕ وَلِاَ بَوَيۡهِ لِكُلِّ وَاحِدٍ مِّنۡهُمَا السُّدُسُ مِمَّا تَرَكَ اِنۡ كَانَ لَهٗ وَلَدٌ ۚ فَاِنۡ لَّمۡ يَكُنۡ لَّهٗ وَلَدٌ وَّوَرِثَهٗۤ اَبَوٰهُ فَلِاُمِّهِ الثُّلُثُ‌ ؕ فَاِنۡ كَانَ لَهٗۤ اِخۡوَةٌ فَلِاُمِّهِ السُّدُسُ مِنۡۢ بَعۡدِ وَصِيَّةٍ يُّوۡصِىۡ بِهَاۤ اَوۡ دَيۡنٍ‌ ؕ اٰبَآؤُكُمۡ وَاَبۡنَآؤُكُمۡ ۚ لَا تَدۡرُوۡنَ اَيُّهُمۡ اَقۡرَبُ لَـكُمۡ نَفۡعًا‌ ؕ فَرِيۡضَةً مِّنَ اللّٰهِ ‌ؕ اِنَّ اللّٰهَ كَانَ عَلِيۡمًا حَكِيۡمًا ۞

(Surah An-Nisa, Verse 11)

Translation:

Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are (only) daughters, two or more, for them is two-thirds of one’s estate. And if there is only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents (alone) inherit from him, then for his mother is one-third. And if he had brothers (or sisters), for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children – you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.

Brief Tafseer:

The meaning is that when both sons and daughters are present among the children, the son will receive double that of the daughter. The reason for giving him two shares is that economic responsibilities are much greater on the man than on the woman. (Take the Mahr, for example, which the man gives and the woman receives; similarly, the woman’s maintenance is also the responsibility of the husband). On this basis, giving the man double the share of the woman is exactly in accordance with justice.

(Qurtubi & Ibn Kathir)

Fa in kunna nisa’an fawqa ithnatayn:

This ruling applies not only to more than two but also to two women, as mentioned in the first benefit of this verse regarding giving two-thirds to the two daughters of Sa’d bin Rabi’ (RA). Furthermore, in the last verse of this Surah, when two sisters are given a two-thirds share, then two daughters should be given it a fortiori (all the more so). Because a daughter is closer to a person than a sister; therefore, we can say that the two-thirds share for two girls is proven by both the Quran and Hadith. (Ibn Kathir)

Wa in kanat wahidatan falaha an-nisf:

From this, it is also known that when half is for one daughter, then for two or more daughters, it should be two-thirds.

Wa li-abawayhi likulli wahidin:

Meaning, in the case of the deceased having children, each of the parents will get one-sixth of the total estate. For example, if the deceased has one daughter and parents, the estate will be divided into six equal parts. The daughter gets three parts (half), the mother gets one part (one-sixth), and the father gets one part (one-sixth) as a fixed share and one part (one-sixth) for being the residuary (Asabah). And if the deceased has two or more daughters, then out of the six parts of the estate, four parts (two-thirds) are for the daughters and one part each (one-sixth) is for the parents. And if there are both sons and daughters along with the parents, then after giving each of the parents a sixth share, whatever remains will be divided such that the son gets two shares and the daughter gets one.

Innallaha kana ‘aleeman hakeema:

Meaning, Allah Almighty has always been All-Knowing and All-Wise. He Himself established this law of inheritance because you do not understand your own profit and loss. If you were to distribute inheritance based on your own judgment, it would be difficult to bring the shares under control/discipline. (Qurtubi, Ibn Kathir)

Shah Abdul Qadir (RA) writes:

“Meaning, human intellect has no entry in these shares; Allah Almighty has appointed them, He is the Wisest of all.” (Muwaddih)

(Tafseer Al-Quran Al-Kareem – Surah No. 4 An-Nisa, Verse 11)

Taking possession of someone’s land is essentially among the major sins; furthermore, it involves severing ties of kinship and oppression against sisters.

Allah Almighty says:

وَلَا تَاۡكُلُوۡٓا اَمۡوَالَـكُمۡ بَيۡنَكُمۡ بِالۡبَاطِلِ وَتُدۡلُوۡا بِهَآ اِلَى الۡحُـکَّامِ لِتَاۡکُلُوۡا فَرِيۡقًا مِّنۡ اَمۡوَالِ النَّاسِ بِالۡاِثۡمِ وَاَنۡـتُمۡ تَعۡلَمُوۡنَ ۞

Translation:

And do not consume one another's wealth unjustly or send it [in bribery] to the rulers in order that [they might aid] you [to] consume a portion of the wealth of the people in sin, while you know [it is unlawful].

(Surah Al-Baqarah, Verse 188)

Tafseer:

Wa la ta’kulu amwalakum:

Here Allah Almighty has instructed to avoid the forbidden (Haram). Any wealth acquired through unlawful means, even if the owner’s consent is included, is consuming it falsely (unjustly). For example, interest, wages of adultery, fees of a fortune teller, sale of alcohol, etc. In short, all illicit means fall under earning through falsehood.

Consuming unjust wealth also includes consuming the rights of sisters or daughters. For instance, if a person transfers the majority of his property to his sons’ names before dying so that after death the remaining children (daughters) are deprived of inheritance or receive a lesser share… etc., then this wealth given by the father is also obtained through unjust means for the sons, which Allah has declared false and Haram. Even if a court gives someone’s wealth to another, it remains Haram for him. As if a man knows that such land or wealth belongs to such person,1 but he (the owner) has no proof, and “if I file a case, I will succeed in getting a judgment in my favor from the court,” so he takes the case to the ruler. Allah Almighty has forbidden doing so.

(Wa antum ta’lamoon) Meaning, doing this while knowing is extremelyevil.

Umm Salama (RA) narrates that the Messenger of Allah (ﷺ) said: “Remember! I am only a human being, and litigants come to me. Perhaps one of you is more eloquent in presenting his argument than the other, so considering him truthful, I judge in his favor. So, if I judge for him the right of a Muslim, then it is a piece of fire, whether he takes it or leaves it.”

(Sahih Bukhari, Al-Mazalim, Chapter: The sin of the one who quarrels while knowing: Hadith No. 2485)

Some people say that whatever a judge decides in someone’s favor becomes Halal for him, but the falsity of their statement is evident from the verse and Hadith mentioned above.

Despite all these verses and Ahadith, those who do not regard the method prescribed by Allah—even though Allah Almighty has made clear the share of every heir and His command—and then oppose these commands and do not give sisters and daughters their share in inheritance, Allah has announced a painful punishment for such people.

Allah Almighty says:

تِلْكَ حُدُودُ اللَّهِ وَمَنْ يُطِعْ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الأَنْهَارُ خَالِدِينَ فِيهَا وَذَلِكَ الْفَوْزُ الْعَظِيمُ(13)

وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَاراً خَالِداً فِيهَا وَلَهُ عَذَابٌ مُهِينٌ(14)

Translation:

These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment. And whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment.

(Surah An-Nisa: Verses 13, 14)

In the Tafseer of this verse, Shawkani (may Allah have mercy on him) says:

“In this verse, by saying ‘Tilka’ (These), reference is made to the previously mentioned rulings [which include inheritance laws]. Also, they are termed as ‘Hudood’ (Limits) because it is not permissible to transgress them nor is it permissible to cross them.” End quote.

(“Fath al-Qadir” 2/99)

In the Tafseer of this verse, the teacher of scholars, Hafiz Abdul Salam Bhatti Sahib writes:

Tilka Hudoodullah:

Allah Almighty has declared inheritance as the Limits of Allah and promised Paradise and great success for obeying this command, and announced the punishment of eternal Fire and humiliating torment in case of disobedience and trampling upon the Limits of Allah. It is regrettable that even major seemingly pious people do not give sisters their share. Most people try to give the property to sons and deprive daughters. Similarly, if an heir is weak, they do not give him a share of inheritance either. All of them should fear appearing before Allah and His humiliating punishment and eternal Fire.

(Tafseer Al-Quran Al-Kareem)

It is mentioned in the Hadith that:

Saeed bin Zaid (RA) says that the Messenger of Allah (ﷺ) said: “Whoever usurps even a handspan of land unjustly, Allah will place a collar of seven earths around his neck on the Day of Resurrection.”

(Sahih Bukhari Hadith No: 3198)

(Sahih Muslim: Hadith No: 1610)

Similarly, Abu Malik Ashja’i (RA) says that the Prophet (ﷺ) said: (Indeed, the greatest betrayal in the sight of Allah is a yard of land or a house in which two partners share [the total portion], then one of them usurps a yard of land from his partner’s share. If he usurps it, he will be made to wear a collar of seven earths on the Day of Resurrection.)

(Musnad Ahmad Hadith No: 22914)

Ruling on Hadith: Its chain is Hasan due to corroborating narrations.

Abu Humaid Sa’idi (RA) says that the Messenger of Allah (ﷺ) said: (By Allah! None of you takes anything without right except that on the Day of Resurrection he will meet Allah carrying it. So I know that one of you will meet Allah carrying a grumbling camel, a lowing cow, or a bleating goat. Then he (ﷺ) raised his hand until the whiteness of his armpits became visible and said: O Allah! Have I conveyed Your message?!)

(Sahih Bukhari Hadith No: 6636)

Those to whom these Ahadith apply include all those people who have unjustly occupied anyone’s land or any person who usurped the right of daughters or sisters by not giving them their inheritance; they are all included in this.

And furthermore, taking and possessing someone else’s property through oppression and excess is called ‘Ghusb’ (usurpation), and there is a consensus (Ijma) of Muslims on Ghusb being Haram.

Because Allah Subhana wa Ta’ala says:

“And do not consume one another’s wealth unjustly.”

And Ghusb is a greater oppression than consuming wealth through false means.

(Surah Baqarah – 188)

And then there is the saying of the Noble Prophet (ﷺ):

(Indeed, your blood, your wealth, and your honor are Haram upon you [i.e., upon one another].)

(Sahih Bukhari Hadith No: 6043)

And in another Hadith, the Prophet (ﷺ) said:

لا يَحِلُّ مالُ امرِيءٍ مُسلمٍ إلّا بِطِيبِ نفسٍ مِنهُ

“It is not lawful to take the wealth of a Muslim except with his wholehearted willingness.”

(Sahih Al-Jami’ Hadith No: 7662)

Narrated by Abu Humaid Sa’idi (RA) that the Messenger of Allah (ﷺ) said: It is not lawful for a man to take the stick of his brother without his consent. The reason for this command is that Allah Almighty has strictly forbidden the wealth of a Muslim upon another Muslim. Sayyiduna Abu Humaid Sa’idi (RA) narrates another tradition that the Prophet (ﷺ) said: It is not lawful for a man to take his brother’s stick without his consent. The reason for this instruction is that the Messenger of Allah (ﷺ) has strictly declared the wealth of a Muslim Haram upon another Muslim.

(Musnad Ahmad Hadith No: 23605)

(Sahih Ibn Hibban, Hadith No: 5978)

When taking an ordinary thing like a stick is not permissible without the owner’s happiness, then how can taking inheritance or land be permissible?

Remember, simply giving permission is not discussed here, but permission with the happiness of the heart. If a person gives you a car upon asking but his mood is off, and he gives it unwillingly, then in such a case, even borrowing something from someone is not permissible. So, how can it be permissible for someone to take another’s wealth or land without their heartfelt permission?

Therefore, it is necessary and binding upon those who usurp the property of sisters and daughters that they repent before Allah, return the usurped land/property to its original heirs, and seek their forgiveness and pardon.¹⁴¹⁵

The Prophetic saying (ﷺ) is:

(Whoever has committed an act of oppression against his brother, let him seek his pardon today before there are no Dinars or Dirhams (i.e., on the Day of Judgment). If he has good deeds, they will be taken and given to the oppressed, and if he has no good deeds, the sins of the oppressed will be taken and cast upon him, and then he will be thrown into Hell.)

(Sahih Bukhari Hadith No: 6534)21

And if the father transferred the land/property to the sons’ names before dying so that the daughters would not receive inheritance²then this is totally his mistake. This action was not permissible for him because Allah has kept a right for daughters as well. And it is quite possible that he continues to receive punishment for his injustice until the children correct their parents’ mistake. This is because the Shariah has given the woman half in inheritance, but if parents give a gift during their lifetime, it is obligatory (Wajib) for them to observe equality among children; whether it is a daughter or a son, it is necessary to give equally to everyone.

Nu’man bin Bashir (RA) says:

He was speaking on the pulpit that my father gave me a gift, so ‘Amra bint Rawaha (RA) (Nu’man’s mother) said that I will not be satisfied until you make the Messenger of Allah (ﷺ) a witness to this. So (appearing before him), he submitted that I have given a gift to my son from ‘Amra bint Rawaha, so she said that I should make you a witness to it first. He (ﷺ) asked: “Have you given a gift like this to all your children?” He replied: “No.” Upon this, He (ﷺ) said: “Fear Allah and maintain justice among your children.” So he returned and took back the gift.

(Sahih Bukhari Hadith No: 2587)

Therefore, children should return their sisters’ rights to them to save themselves and their parents from punishment and severity, and also seek forgiveness from them and from Allah for their own and their parents’ mistake. Indeed, Allah is Forgiving and Merciful, the One who Pardons. Do not ruin your Hereafter for the temporary wealth of this world.

(And Allah knows best the truth)

Reference: https://alfurqan.info/problems/1010