The people of Jahiliyyah were heirs[498] to each other because of two things: a) Genealogy b) Treaty, contract… As for their inheritance by descent, they did not give inheritance to young children nor to women. They only allowed male relatives who fought on horseback and obtained booty to inherit[499]. As for their inheritance by contract, this was realised in two ways:

1- Agreement: In Jahiliyyah, one person said to another, “My blood is your blood, and my life is your life. You will inherit me and I will inherit you. You will look after me and I will look after you.” If one of them died before the other, the survivor would receive what was stipulated before from the property of the deceased.

2- Adoption… One of the Arabs used to adopt someone else’s son. Thus, this child was attributed to that person, not to his father, and he became the heir of that person. This adoption was one of the types of agreement. When Allaah sent Prophet Muhammad (s.a.s.) as a prophet, at first He left the Arabs in their Jahiliyyah customs and did not touch them. Among the scholars there are those who say: “On the contrary, Allah Almighty left them in their customs and said, ‘We have made heirs for each of them from the estates of their fathers and mothers, and from the estates of their close relatives,'[500] which means that they are heirs to each other by descent. Then Allah Almighty said, “Give to those whom your oaths bind (by contract) their shares” [501], which means that they are heirs to each other by contract. Those who are of the first opinion say that the meaning of Allah Almighty’s saying, “Give to those who are bound by your oaths (by contract) their share” is not a share in property, but rather it means, “Give them their share in helping them, advising them and treating them kindly”. This is the explanation of the reasons why the Arabs in the Jahiliyyah period were heirs to each other.[502]

Daughters, on the other hand, could not inherit. They said, “Those who do not fight with their spears, do not defend their homeland, and do not collect booty cannot inherit.”[503]

ISLAM: Islam has brought order to this corrupt and distorted logic and informs us about the will and its forms, the requirement of a witness, the beneficiaries of the inheritance, the division and the elements to be taken as basis as follows

Making a will: When one of you is about to die, it is an obligation on those who fear Allah to make a will to the mother, father and close relatives in accordance with the traditions, if he leaves behind property (charity)[504].

Having witnesses when making a will: O believers, when one of you is about to die and makes a will, he should have two witnesses from among you whose word is trustworthy.

The will of the deceased concerning his wife: Those of you who die and leave their wives behind, bequeath to them (or leave to their heirs or transfer to their heirs) a sum of money which does not require them to leave the house for a year, and if they leave the house of their own accord, you are not responsible for any legitimate behaviour on their part. Verily, Allah is All-willed and All-wise.”[506]

A will while travelling: …If you meet death while travelling, you should have two of you who are not Muslims as witnesses.[507

Changing the will: Whoever alters this will after hearing it, the sin of the one who altered it is on the neck of the one who altered it. Verily, Allah is All-Hearing, All-Knowing. Whoever reconciles those concerned, fearing that the testator may be mistaken or may sin, he will not sin for that. Verily, Allah is forgiving and merciful.

The rights of men and women in inheritance: In inheritance left by parents and close relatives, men have a share and women have a share. Whether the inheritance is small or large, the man and the woman have their own shares in it.[509]

Compulsion in inheritance: O believers, it is not lawful for you to marry the widows of your relatives by force. Do not pressurise them in order to get back some of the mahr you have given them, unless they have committed a proven indecency. Be kind to them. If you dislike them, know that what you dislike Allah may have made very good for you.”[510]

Inheritance of the rights arising from agreements: We have allotted to every man and woman a share of the inheritance of parents, relatives, and those with whom you have made sworn agreements, so give them their share. Verily, Allah is the witness of all things.[511]

The division of inheritance: In the division of your inheritance, Allah commands you to give twice as much to the male as to the female. If the deceased has more than two daughters, they shall inherit two-thirds of his inheritance, and if he has only one daughter, she shall inherit half of it. If your wives die leaving no children, you shall inherit half of their inheritance after their wills have been fulfilled and their debts have been paid. If your deceased spouses have children, a quarter of their inheritance is yours. These are the limits set by Allah.[512]

The kinsmen are closer to each other in inheritance than the Muhajireen and the Ansar, according to the Book of Allah. Except for a suitable bequest to your friends. This is written in the Book.[513]

It must be divided in accordance with right: “You eat your inheritance without regard to right.”[514]

It should be given to orphans and the poor: If distant relatives, orphans and the poor are present during the division of the inheritance, give something to them and say kind words to them.[515]

Nowadays: All the blessings bestowed on mankind are inherited by him as a result of the death of the earth. The earth dies by giving its blessings and resurrects again to fulfil its duty. This resurrection is for the service[516] that the earth has made available to its heir. The living beings who inherit the existence of the earth are the heirs assigned to it. The body of all heirs is also a trust bequeathed to the earth. How the inheritance is consumed is also the order of the testator. Most of the people do not think about the products that come out of the earth, nor do they think about what will cause them to be questioned when they will enter it. Those who accept death as a game and life as a reality also aim at the pleasure they will get by consuming. However, this is not the truth. Life itself is a game, and death is the absolute reality. This situation is reported in the Holy Qur’an as follows.

Allah (swt) says:

Know that the life of this world is but play, amusement, adornment and ostentation, boasting against one another, and a race to multiply wealth and children. This life is like the abundant rain whose crops and plants make the farmer happy. But after a while you see this vegetation turning yellow. Then it turns into grass crumbs. In the Hereafter there is a severe punishment on the one hand and Allah’s forgiveness and pleasure on the other. The life of this world is nothing but a deceitful pleasure.[517]

Inheritance, like this, is a balance sheet[518] that shows whether one sees one’s own reality as life or death. If a person knows that he will enter the earth but sees inheritance as a game played on what is left by the one who enters the earth, the truth for him is only life. If he recognises the dead as an example and divides the inheritance according to the rules determined by the one who killed him, he considers death to be the truth; the existence of property has been blessed. For this reason, life must be played by the rules of the one who brings the living out of every dead and the dead out of every living.

Although Allah (swt) has emphasised the issue of inheritance division so much, we see all the customs of jahiliyyah today. Almost nowhere in the world today is the division of inheritance done by Muslims in the manner prescribed by the Holy Qur’an. It is divided according to the initiative of the elders of the family or according to customs. This unfair division leads to resentment or quarrels and then to envy within the family. In some places, we constantly hear that a cat or a dog is appointed as heir.

As in the Jahiliyyah, we also see that most of the daughters who are heirs are not given property as a result of inheritance, and that adopted children are accepted as heirs, and are treated completely as natural children and receive the same share of the property. The Holy Qur’an says in this regard:

Allah has not recognised your adopted children as your own sons. These are idle words which you utter in your tongues. Allah speaks the truth; He guides to the right path.

“Accordingly, adopting another person’s child does not create rights and duties like a natural child. The adopter is not liable for maintenance and education expenses. Since there is no kinship between them, there is no obstacle to marriage. Inheritance does not take place. However, if a person testifies to a child of unknown parentage, saying, “This is my son or daughter,” whether the child confirms it or not, his parentage will be established and inheritance will take place between them. On the other hand, filial and milk kinship are different from each other. Milk kinship occurs when a woman breastfeeds a child of breastfeeding age who does not belong to her, and the obstacles to marriage arise, just like a natural child. A found child is not considered like a natural child.”[520]

[498] The heir is the one who inherits

[499] Owner, possessor

[500] Surah al-Nisa, Verse 33

[501] Surat al-Nisa, Verse 33

[502] Fakhr al-Dīn al-Rāzi, Tafsir al-Kabir Mefātihu’l-Ghayb, Akçağ Publications: 7/377-378

[503] Ibn Habib, Muhabbar, p. 324.

[504] Surat al-Baqarah, Verse 180

[505] Surat al-Ma’idah, 106. Verse

[506] Surat al-Baqarah, Verse 240

[507] Surat al-Ma’idah, 106. Verse

[508] Surat al-Baqarah, Verses 181-182

[Surah al-Nisa, Verse 7

[510] Surat al-Nisa, Verse 19

[511] Surat al-Nisa, Verse 33

[512] Surat al-Nisa, Verses 11-13

[513] Surat al-Ahzab, Verse 6

[514] Surat al-Fajr, Verse 19

[515] Surat al-Nisa, Verse 8

[516] Ready to do a job

[517] Surat al-Hadid, Verse 20

[518] Total, summary.

[519] Surat al-Ahzab, Verse 4

[520] Elmalılı, Hak Dini Qur’an Dili, v, 3869-3900; Mehmed Zihni, Nimet-i Islam, Istanbul 1316 h. Part 3, 271, 273