15
The first guiding principle about the division of inheritance is that the share of the male shall be double that of the female, and this is very sound and just. As the Muslim law lays the major burden of the economic responsibility of the family on the male and keeps the female almost free from it, justice demands that her share of inheritance should be less than that of the male.
16
The same applies to the case of two daughters as well. It means that if the deceased leaves no son but only daughters, whether they are two or more, they shall be entitled to two-thirds of the whole inheritance and the remaining one-third shall be divided among the other heirs. As a corollary of this, if the deceased leaves only one son, there is a consensus of opinion that he shall be entitled to the whole of the inheritance in the absence of other heirs and if there are other heirs too, he shall receive the whole of the retraining inheritance after the allotment of their shares.
17
Each of the parents of the deceased shall be entitled to one-sixth of the inheritance, if he leaves behind a child or children whether they are only daughters or only sons or both sons and daughters, or only one son or only one daughter. As regards the remaining two-thirds, it shall be divided among the other heirs.
18
The remaining two-thirds shall be given to the father, if there be no other heir; otherwise the father shall share two-thirds with the other heirs.
19
If the deceased has brothers and sisters, the share of the mother has been reduced froth one-third to one-sixth. This reduced one-sixth will be added to the father's share, for in that case the father's responsibilities are increased. It should be noted that the brothers and sisters of the deceased are not entitled to any share if the parents are alive.
20
The mention of the fulfillment of the will precedes the payment of the debt, for every deceased person may not owe a debt, but he must make his will. As regards the enforcement of the law, the consensus of opinion of the whole Muslim Community is that the payment of debt must have priority over the fulfillment of the will. That is, the debt, if any, must be paid first and then the terms of the will should be enforced and after this the inheritance should be divided. In E.N. 182 of Al-Baqarah, it has been stated that one has the right to bequeath by will one-third of the whole property. This has been permitted to enable a person to leave for a deserving relative or relatives, who are not entitled to inheritance, a part of the property. For instance, if there is an orphan grandson or a grand-daughter, or the widow of a son or an indigent brother or sister, or a brother's widow, or a nephew, or some other relative, who needs help, he may leave a part of the inheritance for such a one by means of his will. One is even allowed to leave by will a share for any deserving person or for public service. In short, the law regulates the distribution of two-thirds (or a little more) of one's inheritance and gives option for the disposal of the remaining (about one-third) by the special circumstances of one's own family., (which obviously vary of each individual). At the same time provision has been made to wrong done by a will to the heirs in any way. The members of the rectify that wrong by mutual consent or take the case to the Muslim will to suit in the case redress any family may judge for redress. For further explanation, see my book: Yatim Potay Ki Warasat.
21
This is the answer to all those foolish people who do not understand the wisdom of the Divine Law of inheritance, and in their folly propose amendments to it in order to make up for "the deficiency" in the Law.
