Head of Islamic Verdict Body (Mufti) In Egypt & Most Islamic Countries



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. Sheikh “Muhammad Abduh” (1849-1905) the Head of the Islamic Verdict body (mufti) in Egypt & most Islamic countries in his time cited & commented on Quran inheritance verses as follows ;

1)      Allah states that the deceased wealth is to be distributed as per Shariah only after the deceased will is implemented , see in Q4;11

لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ

translation “for the male, what is equal to the share of two females” ———- , but this is only conditional to & after the implementation of the deceased will as in the same verse Q4;11

مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ

translation “after any bequest he [may have] made or debt. “———– . As stated the bequeather has the right to distribute his wealth between his heirs in a way he deems fair & just , for example if his mother is widow or divorced or sick & has no financial source , then he may allocate her an extra amount , same to his daughter especially if he deems that her brother will not support her if she needed so . Also if he has a disabled son or daughter who cannot make his/her own living & needs extra money for his/her medication, then he can allocate extra amount for this heir….etc .

2)      Allah mentioned the inclusion of  parents & relatives  in the  bequeather will . See Q2;180

إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْأَقْرَبِينَ بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُتَّقِينَ ﴿١٨٠

translation” when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable – a duty upon the righteous.” ——–..Allah also says that the will should be respected & not altered & whoever lies about it or alters it then he is a sinful Q2;181

فَمَن بَدَّلَهُ بَعْدَ مَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ ۚ إِنَّ اللَّـهَ سَمِيعٌ عَلِيمٌ,

translation “Then whoever alters the bequest after he has heard it – the sin is only upon those who have altered it. Indeed, Allah is Hearing and Knowing.”—-

3)      Allah then informs that if the redistribution of the wealth was made in a way that is clearly unjust between the heirs either deliberately or by mistake & that was deemed to  may cause grudge & enmity between the inheriting siblings & relatives , then a reconciliation can be made between the heirs if they agree to it & Allah will forgive the act of altering the deceased will as long as it is agreed by the heirs . Q2;182

فَمَنْ خَافَ مِن مُّوصٍ جَنَفًا أَوْ إِثْمًا فَأَصْلَحَ بَيْنَهُمْ فَلَا إِثْمَ عَلَيْهِ ۚ إِنَّ اللَّـهَ غَفُورٌ رَّحِيمٌ

translation ‘But if one fears from the bequeather deliberate injustice or erroneous sin and mediate for reconciles between them(the heirs), ,then there is no sin upon him. Indeed, Allah is Forgiving and Merciful”

4)      It is worth telling that it has been deemed by many scholars that so as to maintain justice between the heirs then the will need not exceed the third of the wealth based on a saying thought to be heard by the Prophet, however Quran did not sate a limit for the will. About the so-called hadith that says that the legal heirs cannot be included in the will, the Sheikh replied that this is a non-credible hadith  & contradictory to Quran & the heirs can be included in the will as stated in Quran .