Guidance regarding basic Islamic issues that Hazrat Amirul Momineen, Khalifatul Masih Vaa, has given on various occasions in his written correspondence and during MTA programmes is being published officially below for everyone’s benefit.
Do orphaned grandchildren have a right to their grandfather’s inheritance in Islam?
Someone wrote to Hazrat Amirul Momineen, Khalifatul Masih Vaa, stating that a certain man had five sons and one daughter. One son passed away during the man’s lifetime and left behind two children. During his lifetime, the man built houses for his surviving sons, but he did not build anything for the children of his deceased son. He also owned a fifth house, which he bequeathed to his daughter. This is despite the fact that the Holy Prophetsa stated that it is not permissible to make a bequest for an heir. It is further said regarding the children of the deceased son that [according to the sharia] they are not entitled to anything from their paternal grandfather’s estate. The person writing the letter expressed dissatisfaction with this ruling according to Islamic law and requested guidance so that the orphaned paternal grandchildren may not be deprived.
In his letter dated 4 February 2023, Huzur-e-Anwaraa provided the following guidance about this matter:
“Regarding bequests [i.e., wasaya], Islamic teaching is that no one may bequeath to an heir. As the Holy Prophetsa said, ‘Allah has already assigned everyone their rightful share. Therefore, no bequest may be made to an heir.’ (Sunan Abi Dawud, Kitab al-wasaya, Bab ma ja’a fi l-wasiyyati li l-warith) Hence, if anyone makes a bequest for one of their heirs, such a bequest is deemed void and whatever was bequeathed is to be divided among all heirs according to their prescribed Islamic shares.
“Moreover, Islam also teaches that if someone wishes to bestow their property on their children during their lifetime by way of hibah or gift, they must do so equitably. [Note: Hibah or ‘atiyah is a benevolent contract for the unilateral transfer of ownership of an asset from a donor to a recipient without any consideration. —Editor Al Hakam] Hence, Hazrat Nu‘man bin Bashirra narrates that his father granted him a gift and then asked the Holy Prophetsa to witness it. The Prophetsa enquired whether he had granted a similar gift to all his children. When he said he had not, the Holy Prophetsa gave this fundamental instruction: ‘Fear Allah and be just among your children.’ Hence, his father retracted that gift. (Sahih al-Bukhari, Kitab al-hibah, Bab al-ishhadi fi l-hibah) Therefore, for this man to build houses for his sons during his lifetime and not give anything to his daughter is contrary to Islamic teaching. When he chose to gift something to his sons, he ought to have gifted something to his daughter as well.
“As for whether the children of the son who predeceased the father receive any share of his estate, Islamic teaching states that orphaned grandsons and granddaughters do not inherit from their grandfather’s estate. However, if the grandfather deems it necessary, he may give them whatever he wishes during his lifetime. He may also grant them something through a bequest that takes effect after his demise. However, this right rests with the grandfather alone. If he does not do so, then no one else has the authority to give those orphaned grandchildren anything from the deceased’s estate without the heirs’ permission. However, if the grandfather’s heirs themselves wish to give some portion to their orphaned nephews and nieces, there is no objection to that.
“Arab Sahib once asked the Promised Messiahas, stating that someone had objected to him, arguing that under the Islamic sharia, no share is allocated in a will for a grandson. If a person has a grandson who is orphaned, then upon the person’s demise, his other sons inherit, but although this orphan is also his son’s progeny, he is left deprived. The Promised Messiahas responded:
“‘It is the grandfather’s prerogative to grant his grandson something in his will if he so wishes – indeed, as much as he wishes. After a father, the sons are made heirs so that proper order is maintained. If the law had not been set out in this manner, order would never have been maintained, for then it would become necessary for the great-grandson to inherit as well and if his lineage continues, then his descendants would also have to be considered heirs. Then, how could the grandfather be held accountable [for following God’s law, given the disorder that would result from changing the system]? This is God’s law and there is no harm in it. Otherwise, since we are all the offspring of Adam, we would all be justified in requesting a portion of the kingdoms of all the rulers who also descend from Adam. But as the lineage goes further down through a son’s descendants, the connection becomes weaker and eventually is merely nominal. God Almighty knew that such weakness arises in lineage and relationship and therefore, He has decreed this law. Indeed, as an act of kind treatment and compassion, God Almighty has instituted another principle in the Holy Quran:
وَإِذَا حَضَرَ الْقِسْمَۃَ أُوْلُوْا الْقُرْبٰی وَالْیَتَامٰی وَالْمَسَاکِیْنُ فَارْزُقُوھُمْ مِّنْہُ وَقُوْلُوْا لَہُمْ قَوْلًا مَّعْرُوْفًا
“‘(That is, when such a division takes place and some relatives, orphans and the needy are present, then give them something as well.) [Surah an-Nisa’, Ch.4: V.9]
“‘Thus, that grandson whose father has passed away is, by virtue of being an orphan, more deserving of this kindness. ‘Orphan’ [yatim] also encompasses others (who have not been assigned a fixed share). God Almighty has not deprived anyone of their right, but as kinship grows distant, so does the right become diminished.’ (Al Badr, No. 10, Vol. 1, 2 January 1903, p. 76)
“The Quranic teachings were revealed by that God whose knowledge is infinite, limitless and encompasses everything. His knowledge extends to the future just as it enfolds every event of the past. God Almighty did not reveal these teachings merely to satisfy any individual; rather, He revealed whatever He deemed essential for the well-being and betterment of humanity. If human intellect fails to discern the wisdom in any aspect of these teachings, that does not indicate any flaw in the teachings; rather, it demonstrates the extremely limited understanding and intellect of humankind.”
What does Islam say about oaths and swearing?
Someone from Canada asked Hazrat Amirul Momineen, Khalifatul Masih Vaa, about the concept of oaths in Islam.
In his letter dated 14 February 2023, Huzur-e-Anwaraa granted the following reply:
“Taking an oath is, in essence, a form of bearing witness to something. One who declares a matter while swearing by Allah is effectively calling Allah Himself to bear witness to the truth of that statement. In refuting the opposing party’s stance on an issue and clarifying the reality and philosophy of oaths, the Promised Messiahas once stated:
“‘It is entirely false that swearing an oath is forbidden in Islam. All righteous Muslims have, in times of need, sworn oaths. The Companionsra also swore oaths when the need arose. Our Holy Messengersa swore oaths on several occasions. Indeed, God Almighty has Himself sworn oaths in the Holy Quran. In the court of the Holy Prophetsa, offenders were made to swear oaths. The Holy Quran plainly mentions oaths. Under Islamic law, if there is no avenue or possibility for any other form of evidence, or the matter is intricate, then reliance is placed on taking an oath.’ (Majmu‘ah-e-Ishtiharat, 2019, Vol. 3, p. 339, footnote)
“However, Islam has forbidden its followers from vain, frivolous and false oaths. As Allah the Exalted states:
لَا یُؤَاخِذُکُمُ اللّٰہُ بِاللَّغۡوِ فِیۡۤ اَیۡمَانِکُمۡ وَلٰکِنۡ یُّؤَاخِذُکُمۡ بِمَا کَسَبَتۡ قُلُوۡبُکُمۡ ؕ وَاللّٰہُ غَفُوۡرٌ حَلِیۡمٌ
“‘Allah will not call you to account for such of your oaths as are vain, but will call you to account for the evil you have deliberately assented to. Allah is Most Forgiving, Forbearing.’ (Surah al-Baqarah, Ch.2: V.226)
“Elucidating this verse, Hazrat Musleh-e-Maudra states:
“‘By a vain [or laghw] oath is meant one uttered merely out of habit, for instance when some people have this habit of saying wallahi or billahi without thinking; or an oath taken with the conviction that it is true, whereas in reality, this conviction is mistaken; or when, in extreme anger, one swears an oath without being fully conscious; or when, under the sway of a fleeting passion, one swears to use of that which is unlawful or to abandon an obligatory [i.e., fardh or wajib] act. All such oaths are vain and there is no expiation [or kaffarah] for breaking them. Rather, one is commanded to repent and seek forgiveness for having taken them, because they conflict with the injunction هُمْ عَنِ اللَّغْوِ مُعْرِضُونَ [‘Who shun all that which is vain.’ (Surah al-Mu’minun, Ch.23: V.4)] Consequently, the one who takes them is at fault or sinful and should repent and express remorse, rather than offer any expiation for breaking them. This is the meaning conveyed by the words لَا یُؤَاخِذُکُمْ [‘He will not call you to account.’ (Surah al-Baqarah, Ch.2: V.226)] Hence, if such an oath is taken in the heat of the moment, there is no sin. However, if it is taken deliberately, then it becomes a sin.’ (Tafsir-e-Saghir, p. 53, commentary under Surah al-Baqarah, V. 226)
“On the other hand, if a person takes a serious oath and then breaks it, they must offer expiation. The Holy Quran explains:
“‘The expiation of such breach is the feeding of ten poor persons with such average food as you eat yourselves, or providing clothing for them, or procuring the freedom of one held in bondage. Whoso lacks the means shall fast for three days.’ (Surah al-Ma’idah, Ch.5: V.90)
“The Holy Prophetsa issued severe warnings against false oaths. Thus, he counted it among the three gravest sins to take a false oath. (Sahih al-Bukhari, Kitab al-ayman wa n-nudhur, Bab al-yamini l-ghamus) Moreover, he said that whosoever attempts to seize another’s right by means of a false oath shall meet Allah the Almighty while He is greatly displeased with that person. (Sahih al-Bukhari, Kitab al-ayman wa n-nudhur, Bab ‘ahdillahi ’azza wa jall) In another hadith, he states that Allah the Almighty will forbid such a person from entering Paradise and decree the Fire of Hell to be their lot. (Sunan Ibn Majah, Kitab al-ahkam, Bab mun halafa ‘ala yaminin fajiratin liyaqtati‘a biha mala)
“Hence, a person may swear by Allah the Almighty when necessary, but it is never permissible for anyone to swear by anything or anyone other than Allah. Accordingly, the Holy Prophetsa said, ‘Allah forbids you from swearing by your forefathers. Whoever must swear an oath should swear by Allah alone or remain silent.’ (Sahih al-Bukhari, Kitab al-ayman wa n-nudhur, Bab la tahlifu bi abai‘kum) He further stated that one should not swear by one’s father, mother or anything else besides Allah; rather, swear only by Allah and swear by Allah only when speaking the truth. (Sunan Abi Dawud, Kitab al-aymani wa n-nudhur, Bab fi karahiyyati l-halfi bi l-aba’)
“The Holy Quran also mentions the oaths of Allah the Almighty, wherein He swears by many things in addition to Himself. The Promised Messiahas, in explaining the difference between the oaths of Allah and those of human beings, as well as the wisdom behind Allah’s swearing by certain things, states:
“‘It must be thoroughly understood that to draw an analogy between the oaths of Allah, His Majesty and Glory be exalted and those of humankind is a flawed comparison. The reason for God Almighty’s prohibition of humans swearing by aught other than Him lies in [the very nature of oath-taking]: When a person swears an oath, they intend to establish the object of their oath as a surrogate for an eyewitness, one who, through direct personal knowledge, could either corroborate or refute their assertion. For, upon reflection, the intrinsic essence of an oath is indeed testimony. When humans find themselves incapable of furnishing ordinary witnesses, they are compelled to resort to an oath, seeking to derive the benefit afforded by the testimony of an ocular witness. Yet, to posit or believe that any being other than God Almighty is omnipresent, all-seeing, capable of verifying or denying, dispensing punishment, or possessing any such power, is a manifest declaration of disbelief. Hence, in all of God’s Books, the precept is unequivocally given that one must never swear by aught other than God.
“‘It is patently clear that the oaths of God Almighty cannot be equated with those of human beings, for God is not subject to the contingencies that compel humans to resort to oaths. Rather, His swearing partakes of a distinct character, befitting His divine majesty and consonant with His established natural order. His purpose is to adduce the self-evident truths of the Book of Nature as evidence to illuminate the subtle mysteries of the Divine Law.
“‘This objective aligns with a certain aspect of oath-taking, namely that just as one who swears by God intends to present Him as a witness to an event, so too do certain manifest acts of God serve as witnesses to His more concealed operations. Thus, throughout the Noble Quran, He presents His evident acts by means of oaths to substantiate His transcendent operations. This cannot be construed as swearing by something other than God, for, in truth, He swears by His own acts, not by an extrinsic entity. His acts are not separate from His essence. For instance, when He swears by the heavens or the stars, it is not with the intention of swearing by something independent [of His will]; rather, it is to present the testimony of the wisdom and craftsmanship wrought by His own hand in the heavens and stars to elucidate some of His hidden designs.
“‘Thus, the oaths of God recorded in the Noble Quran are replete with profound mysteries of gnosis [ma‘rifat]. As previously stated, the expression of these mysteries in the form of oaths is intended to convey that an oath is, in essence, a form of testimony, serving as a substitute for an eyewitness. Similarly, some of God Almighty’s manifest acts serve as evidence for certain other acts.
“‘Therefore, in the form of an oath, Allah Almighty presents the testimony of the self-evident truths of His law of nature to unravel certain subtleties in His spiritual law, so that the Divine Law of Nature, which is His practical Book, might bear witness to His revealed Book and so that the consonance of His word and deed might furnish sincere seekers with deeper gnosis, tranquillity and certitude. Indeed, it is Allah’s established practice throughout the Noble Quran to present the phenomena of His natural order, which are methodically governed and systematically ordered within His creation, as evidence to elucidate His Divine Revealed Teachings, so that humanity may be reminded that this Divine Law and this Teaching originate from the One Unique Divine Essence, whose works bear absolute conformity with His words. For indeed, the concurrence of one’s words with one’s deeds is irrefutable proof that their words originate from the same source as their deeds.’ (A’inah-e-Kamalat-e-Islam, Ruhani Khazain, Vol. 5, pp. 95-98, footnote)
“Hazrat Khalifatul Masih Ira, while expounding upon the wisdom of oaths, states:
“‘Wherever oaths are mentioned in the Holy Quran, God Almighty has placed profound wisdom deep within them. This wisdom is for the unlearned, the learned, the mystics – in short, for everyone – and these oaths are advantageous for all. It is ingrained in the very nature of common people and especially in the hearts of the Arabs, that whoever takes false oaths becomes ruined, humiliated, unsuccessful and disappointed.
“‘On one hand, the polytheists of Arabia considered the Holy Prophetsa to be an infidel and on the other hand, they heard these oaths from his utterances. This demonstrates that had he been a liar in uttering these oaths, he would certainly have faced destruction, but as the successes of the Holy Prophetsa were advancing day by day, this established his veracity.
“‘Philosophers derived benefit from these oaths in that wherever oaths are mentioned in the Holy Quran, there is certainly a philosophical basis deep within them. In this instance of ‘فَلَا اُقْسِمُ’ [‘But nay, I swear…’ (Surah al-Haqqah, Ch. 69: V.41)], the point being made is to consider what sort of people from amongst the Arabs and of what temperament, were joining the Holy Prophetsa and how people were gathering under the banner of the Holy Prophetsa.
“‘Allah the Exalted states: ‘Have you not beheld that effective individuals from amongst you continue to flock to him? Is he achieving triumph, or not? This stands as evidence that ‘إِنَّهُ لَقَوْلُ رَسُولٍ كَرِيمٍ’ – ‘That the Quran is surely the Word brought by a noble Messenger.’’ [Ibid., V. 41]
“‘An oath serves as a testimony and the Holy Quran’s oaths are evidence for the matters concerning which they are sworn. From the realm of the visible and witnessed world and the realm of the unseen world – in short, by means of all things – this testimony is advanced: that this Prophetsa is a veracious Messenger.” (Haqaiq-ul-Furqan, Vol. 4, p. 202)”
(Compiled by Zaheer Ahmad Khan, Head of Records Department, Private Secretariat, London. Translated by Al Hakam.)