Surat An-Nisa' (11-20)

{يُوصِيكُمُ اللهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنْثَيَيْنِ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ آَبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِنَ اللهِ إِنَّ اللهَ كَانَ عَلِيمًا حَكِيمًا} [النساء: 11]

11- Allah commands you with observing justice with your children at the distribution of inheritance. Males have double share of females as will be mentioned later, so females shall not be deprived of their shares as was done in the Pre-Islamic Period of Ignorance. As for why males have a double share, that is because they are responsible for the expenditure; not women. He is the one who work, earn, engage in trading, and bear the difficulty. Not all that is required from a woman, but she is safeguarded and is commanded to be taking care of, whether at her family or at her husband, or she spends on herself.

If the father died and no heir for him but his offspring, they will split his inheritance; male takes a double share of a female.

If he does not have any males, but he has two daughters or more, they shall have two-thirds of the inheritance.

If he has one daughter, she will have one-half of the inheritance then the rest will be distributed to the nearest male relative.

His parents: each one of them shall have one-sixth of inheritance if the deceased has a child; whether male or female.

If the deceased does not have a child and only his parents inherit him, his mother has one-third and the rest will be the share of his father.

If the deceased does not have a child but have brothers, in addition to, the parents, the mother the brothers shall have one-sixth and the rest will be to the father.

The inheritance shall be distributed after all debts are paid as well as the bequests if he had left any.

There are many details for the previous cases which are mentioned in the chapters of distributing inheritance.

We equated between males and a female in term of taking inheritance and not as has taken place in the Pre-Islamic Period. You do not know the anticipated worldly benefits whether from the parents, the children, therefore, We assigned a fixed portion for this and that and equated between both sexes in the origin of inheritance.

The mentioned details in regard of the distribution of inheritance are obligation from Allah on you. He is the All-Knowing and the All-Wise Who gives each one what he or she deserves and it is not the duty of the people to legislate for themselves or to govern according to their whims. Allah is the One Who gives sustenance and monies and He is the One Who ordains as well as distributes, and He knows the best of their best interests and benefits.

{وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ مِنْ بَعْدِ وَصِيَّةٍ يُوصَى بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ وَصِيَّةً مِنَ اللهِ وَاللهُ عَلِيمٌ حَلِيمٌ} [النساء: 12] 

12– O husbands, you have one-half of what your wives had left if they did not have children.

That will be after paying the debts and bequests out of their inheritance if there is any. 

O husbands, a wife has one-quarter of your inheritance if you do not have children, but if you have children, a wife takes one-eighth of inheritance. 

This is also after paying the debts and the bequests of your inheritance if there is any. 

If a man dies and has no children or parents to inherit from him, but he has a brother or a maternal sister, each one will have one-sixth; the same ruling goes for the deceased woman. If they are more than that, they all shall take one third of inheritance, no matter how many are they. This is also after paying the due debts and bequests. The bequest should be fair and should not deprive the heirs of some of their rights. Therefore, the bequest should not be meant for depriving some of the heirs of their inheritance, increasing or decreasing their shares. 

It should be noted that there is no bequest for an heir and a bequest should not be more than one-third for others than the heirs. 

These obligatory duties are commands from Allah that must be followed. 

Verily, Allah knows the things which harm and know the things which benefit. He is Forbearing, treats them justly, and does not punish them as soon as they commit a mistake, but He respites them and explains to them so that they may understand.

{تِلْكَ حُدُودُ اللهِ وَمَنْ يُطِعِ اللهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الأَنْهَارُ خَالِدِينَ فِيهَا وَذَلِكَ الفَوْزُ العَظِيمُ} [النساء: 13]

13- These obligations and legislation explain the shares of each heir according to their nearness and farness from the dead, and according to their need to him and losing him after death. These are limits set by Allah by His Knowledge and Wisdom to be the decisive arbitrator in the distribution of inheritance, so do not transgress them and act according to them. Indeed, who obeys Allah and His Messenger and acts according His Commands without tricks or cheat, he shall have a good reward from his Lord Who will admit him to a paradise underneath rivers flow, in addition to perpetual living and great success for those who know the seriousness of that Day .

{وَمَنْ يَعْصِ اللهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُهِينٌ} [النساء: 14]

14- As for those who disobey, betray, or act according rules that were not ordained by Allah, and preferred them to those which Allah has ordained, Allah will admit him to a burning fire leading his life there forever. By doing this, he altered what Allah has ordained and he is not content with that the distribution of Allah and shall be torture severely in humiliation.

{وَاللَّاتِي يَأْتِينَ الفَاحِشَةَ مِنْ نِسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِنْكُمْ فَإِنْ شَهِدُوا فَأَمْسِكُوهُنَّ فِي البُيُوتِ حَتَّى يَتَوَفَّاهُنَّ المَوْتُ أَوْ يَجْعَلَ اللهُ لَهُنَّ سَبِيلًا} [النساء: 15]

15- As for women who commit adultery, four witnesses should be brought to witness against. If witnesses were brought, those women shall be locked in a house and they will not be allowed to go out until they wish or wait for a way out.

The way out is the abrogation to this ruling because that ruling was revealed in the beginning of Islam, then abrogated to be stoning for the married person and lashing for the unmarried.

{وَاللَّذَانِ يَأْتِيَانِهَا مِنْكُمْ فَآَذُوهُمَا فَإِنْ تَابَا وَأَصْلَحَا فَأَعْرِضُوا عَنْهُمَا إِنَّ اللهَ كَانَ تَوَّابًا رَحِيمًا} [النساء: 16]

16- As for the two men who commit adultery with each other, harm them by insult, facial expression, and hitting with shoes.

If they quit their sin, did not commit it again, their behaviors became good as well as their deeds, leave them and do not be harsh on them because Allah accepts the repentance of those who repent. Indeed, Allah is Oft Forgiving and full of mercy toward His Believing Servants.

Later on, the Sunnah explained their ruling in the saying of the Prophet (peace be upon him): "If you find anyone doing as Lot's people did, kill the one who does it, and the one to whom it is done."According to the authentic Hadith that was reported by the Four Compilers of Hadith and others .

{إِنَّمَا التَّوْبَةُ عَلَى اللهِ لِلَّذِينَ يَعْمَلُونَ السُّوءَ بِجَهَالَةٍ ثُمَّ يَتُوبُونَ مِنْ قَرِيبٍ فَأُولَئِكَ يَتُوبُ اللهُ عَلَيْهِمْ وَكَانَ اللهُ عَلِيمًا حَكِيمًا} [النساء: 17]

17- Allah accepts repentance from those who commit sins ignorantly. Allah named those who commit sins "ignorant" because he or she commits it while he knows its bad consequences. If those wrong doers repent before the agonies of death approach, Allah will accept their repentance because Allah knows His Creatures and Wise in all that He does.

{وَلَيْسَتِ التَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ السَّيِّئَاتِ حَتَّى إِذَا حَضَرَ أَحَدَهُمُ المَوْتُ قَالَ إِنِّي تُبْتُ الآَنَ وَلَا الَّذِينَ يَمُوتُونَ وَهُمْ كُفَّارٌ أُولَئِكَ أَعْتَدْنَا لَهُمْ عَذَابًا أَلِيمًا} [النساء: 18]

18- Repentance shall not be accepted from those who commit sins and when death approaches their throats, they say: Now I shall repent. The same ruling goes for the infidels who die while believing in their disbelief: their regret and repentance will not avail them. For those we prepared a painful, severe, and everlasting torment.

{يَا أَيُّهَا الَّذِينَ آَمَنُوا لَا يَحِلُّ لَكُمْ أَنْ تَرِثُوا النِّسَاءَ كَرْهًا وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آَتَيْتُمُوهُنَّ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ وَعَاشِرُوهُنَّ بِالمَعْرُوفِ فَإِنْ كَرِهْتُمُوهُنَّ فَعَسَى أَنْ تَكْرَهُوا شَيْئًا وَيَجْعَلَ اللهُ فِيهِ خَيْرًا كَثِيرًا} [النساء: 19]

19- O believers, it is not lawful for you to inherit women as you inherit funds. It is not lawful for you to treat them badly, confine them, and prevent them from marriage until they pay you the dower or part of the dower which they gave you, except if they commit an adultery. Then, it is permissible for you to confine them to ransom themselves with money. Fahishah is adultery, cruelty, bad manners, harm, bad words…etc. 

Say to them nice words, comfort them, treat kindly with them, and spend on them. If you fed up with them without harming you, be patient, perhaps there would be good inside the things you hate such as pious children and good reward in the Hereafter as a retribution for your patience. 

It is reported in the authentic Hadith: "A believing man should not hate a believing woman because if he finds in her a manner that he does not like, he will find in her another good manner that pleases him."

{وَإِنْ أَرَدْتُمُ اسْتِبْدَالَ زَوْجٍ مَكَانَ زَوْجٍ وَآَتَيْتُمْ إِحْدَاهُنَّ قِنْطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًا أَتَأْخُذُونَهُ بُهْتَانًا وَإِثْمًا مُبِينًا} [النساء: 20]

20- If you want to divorce your wives and marry another woman, and you paid them an expensive dowry, do not take something from it; would you take it unjustly and falsely!