By G .M. Shakir  (Advocate)

The division of property, after the death of a person, among his heirs, is an important branch of law and has almost been dealt by all religions as well as by the laws passed by different states, because this has always been a bone of contention among the heirs. Islam has also made detailed provisions regarding the division of property. These provisions are found in the chapter fourth of the Quran. This branch of law has great importance and is to be acted in letter and spirit. As the violation of the law of inheritance have been held a dangerous sin.

Before the revelation of law of succession, in early period of immigration, the Quran had directed the people to make the Will in favor of their parents and relatives. This direction was also as per the words of Quran obligatory on the Muslims. The verse reads "It is prescribed when death approaches any of you if he leave any goods that he make a bequest to parents and next of kin according to reasonable usage; this is due from the Allah-fearing.2:180. here the making of Will was binding on the people. This direction on the one hand says "it has been written". By describing so such it becomes an obligatory act, which can not be avoided. One instance of using the same word "Kutiba" is for the fasts of Ramzan and there is consensus of opinion that fasts of the Ramzan are of obligatory nature. At the same time the verse declares that making of the Will is a duty on "Mutaqeem". As a general rule each and every Muslim is supposed to be Mutaqi. In fact it is Taqwa which is the aim of the life of a Muslim. So far as the Will is concerned it was binding to be made before the law of succession was given to Muslims. How far is the law regarding succession binding on Muslims is clear from the verses dealing with the succession. These verses make it clear that the law of succession contained in Quran and Hadith is not a mundane act but of religious nature. So one can not amend/ change/ Altar it according to his wishes. Let us take the verse which provided that the share of a male is twice that of the female ( in case of children). it states that doing so is compulsory. Special word of "wasaiat" have been used for this "Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled a portion ordained by Allah and Allah is All-Knowing All-Wise" 4:11. Thus this verse lays down in categorical terms that giving the son twice the daughter is a direction of Allah. Verse further lays down the shares of certain heirs. This is not time to discuss these shares.

However, it is pertinent to mention that the division of the property according to the shares shown in this verse is ordained by Allah. The verse also makes it clear that human beings are not aware as to which of their relatives are more close to them for the purposes of benefit. It is not only this verse but the words which deals with the inheritance of spouses shows that it is the command of Allah. Once it is declared command of almighty it becomes Din and not an act of worldly nature. "A commandment from Allah. Allah is Knower, Indulgent.". In this verse more guidance has been laid down for the distribution of the property of a deceased person and those directions are also to be followed as the command of a Allah because the words "A commandment from Allah. Allah is Knower, Indulgent." have been used in the end of the verse.

For deciding whether act is mundane or of religious nature the consequences of an act are also important. If a person takes water in a cup or bottle. This will not give rise to any punishment similarly, if the land is ploughed by using the traditional method of employing bulls or using a tractor, it is all the same and none can be punished for adopting the traditional or modern means of ploughing. In the same manner, one may graft his trees or not graft, doesn't matter. No punishment will be awarded to him for acting in either way. That being so because these acts are of worldly nature and have nothing to do with the religion of a person. However, the case of not following the law regarding succession stands entire the on different footing. The people who obey this branch t of law have been held entitled to reward and those who violate have been warned of very grave punishment. Besides, the law of succession has been declared limitations of Allah. Chapter four of the Quran reads "Those are limits set by Allah: those who obey Allah and His Apostle will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement. But those who disobey Allah and His Apostle and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment. 4:13-14" once the Quran declares such heinous and humiliating punishment for disobedience and such a reward for obedience , holding the law of succession an act of mundane nature seems completely against the fact.

The first verse which deals with the law of succession also make it completely clear that providing the shares to men and women from the property of the parents and nearer relatives is incumbent. The relevant verse "Unto the men (of a family) belongeth a share of that which parents and near kindred leave, and unto the women a share of that which parents and near kindred leave, whether it be little or much a legal share.4:7".Certain translators have used "a share ordained (by god)" instead of "the legal share". For instance Asad translated it in these words. Whatsoever the translation is, it is clear that the direction is from almighty. Similarly we have directions regarding the property of a Kalalah. "Thus Allah makes His commandments clear to you lest you go astray. Allah has perfect knowledge of everything" 4:176. This is the direction regarding Kalalah .It makes it clear that in case Allah had not made you clear directions regarding Kalalah, you will go astray. In other words it means that acting on the command regarding Kalalah is religion and not mundane act. As the Quran uses the word "astray" when a person treads a wrong path religiously.

Last but not the least important factor to determine whether an act is of religious nature or otherwise is to know how much importance to learning of a particular subject has been given. For instance, offering the prayers is important and learning to offer the prayers has been given much importance. Hajj is an obligatory duty; every effort is made to learn it and to teach it. Reading Quran is worship and we have been time and again directed to learn it. What I mean to say is that once the branch of any type of knowledge is important, importance is given to learning of it. The degree of importance gives the degree of importance to learning. Let us have a look as to what the Prophet (SAW) has said regarding this branch of knowledge. The Prophet (SAW) has given very much importance to learning of this knowledge. It is reported in Mishkat Sherif "Learn Faraiz and teach those to people as I have to leave the world and knowledge will be lifted( taken back) .The time is near when two persons will dispute in the faraiz and problems( arising out of it) but they will not find a person who will inform them of right decision,. In this tradition we have been directed to learn the division of property as after his heavenly abode, it will be difficult to find a person completely knowing the law of inheritance .So we are directed to learn it and teach others. On the other hand .According to Ibni Majah it has been declared half of the knowledge and this will be forgotten .This is the first thing which will be lifted (taken back) from the Ummah. There are some other Ahadith on the importance of knowledge of Law of Succession and learning of it. The Prophet has declared knowledge of three kinds. 1. Quran,2.Sunnah and 3.Faraiz ( division of Property according to justice) .Keeping these and other Ahadith in view Qurtabi has written: " be it known that the knowledge of Faraiz ( division of property ) is a branch of knowledge from the Companions of the Prophet (SAW)They had always kept this in mind but the people have forgotten it in latter period." So this act is from Din and can not be held mundane.