What One Must Know before Hajj – The Fiqh Provisions of a Pilgrim

There is no doubt that continuous eagerness of the hearts to Hajj is the fruit of the answer of Allah to the call of Ibrahim  may  Allah  exalt  his  mention. Allah Almighty says (what means): {And proclaim to the people the Hajj [pilgrimage]; they will come to you on foot and on every lean camel; they will come from every distant pass.} [Quran 22:27] Jurists stated that the conditions of Hajj are: Islam, full possession of mental faculties, puberty, freedom and ability. The Permanent Committee for Islamic Research and Fataawa in Saudi Arabia explains ability by saying:

Ability regarding Hajj signifies that one has a healthy body; owns a means of transportation with which he can reach the Sacred House of Allah, such as a plane, a car, or a riding animal; has the money to rent one of those means, as the case may be; or owns the provisions that suffice him on his journey till he returns, provided that these provisions should be beyond the expenditures of his dependents till he returns from Hajj; and a woman should be accompanied by her husband or one of her mahram (permanently unmarriageable kin) men during her travel to Hajj or ‘Umrah.

• Borrowing to perform Hajj
  

We often find people borrowing money in order to go for Hajj, and this contradicts the guidance of Islam.
Shaykh Muhammad Salih Al-Munajjid, a Saudi Arabian scholar, said:

Hajj is not obligatory except upon those who are capable. Capacity includes: financial capacity and physical capacity to travel and perform the rituals ... One is not obliged to borrow for Hajj, and it is not recommended to do so. However, if someone does not abide by this and still borrows money, his Hajj is valid, Allah willing.

The eminent scholar Shaykh Ibn Baz  may  Allah  have  mercy  upon  him said about the permissibility of borrowing, "There is no harm in it as long as one can pay back."

Being free from diseases and disabilities that hinder performing the Hajj is one of the conditions of the Hajj. If someone suffers from a chronic disease or a permanent disability; is impaired; or is very old, to the extent that he cannot travel, then Hajj is not obligatory upon him. He who is capable of performing the Hajj with the aid of others is obliged to perform it if there is someone to help him. Whoever suffers from an incurable disability that prevents him from performing the Hajj should authorize someone to perform it on his behalf. However, if someone suffers from a curable disability, then he should wait till he is cured and then perform the Hajj himself; it is not permissible for him to deputize someone to perform it on his behalf.

In some countries, there are financial cooperative societies for the Hajj. Shaykh ‘Atiyyah Saqr  may  Allah  have  mercy  upon  him said about this issue:

Among the forms of borrowing is forming a society or establishing a fund with subscriptions from the members. The sum of these subscriptions is given to some of the members monthly or yearly in order to perform the Hajj. The member should continue paying the subscription to repay his debt. This form of solidarity is permissible.

Trading during the Hajj: Many people believe that one should perform Hajj from his own money and that if he goes for work or trade and performs the Hajj, that this Hajj does not avail him of the obligatory Hajj.

Those who perform Hajj and conduct business, their Hajj is valid, they do not have to repeat it, and it avails them of the obligation. Concerning the reward, the apparent meaning of these texts is that Allah does not deprive them of it. However, one should take the following authentic hadith into consideration: "The reward of deeds depends upon the intentions, and every person will have the reward according to what he has intended." If there are several intentions for one good deed, then the reward may depend upon the prevailing among these intentions. The whole matter belongs to Allah before and after and, indeed, Allah is Knowing of that which is within the breasts.

• Hajj as a grant
  

Dr. Nasr Fareed Wasil, the former Mufti of Egypt, said about Hajj as a grant from a company to its employees or from some of the rich to the poor:

The jurists of Islam unanimously agreed that if the person does not have money, he is not obliged to perform Hajj. If a stranger grants him money in order to perform the Hajj, then, by consensus, he does not have to accept it. If he accepts and performs Hajj, then his Hajj is valid, and this avails him of the obligation. Hajj is always permissible if the money is lawfully earned whether it is the money of the person himself or the money of others that was donated willingly and readily.

• Limiting the numbers of pilgrims
  

Millions of Muslims wish to perform the Hajj to the Sacred House of Allah. However, the Saudi authorities ask every country to send a specific number of pilgrims in order to avoid the evils that may result from receiving an unlimited number of pilgrims. This limitation is permissible according to his eminence Shaykh Al-Qaradhawi, who said:

It is permissible to limit the numbers of pilgrims if this entails benefit and if not limiting it entails evil. We know that there were about 3 million pilgrims in some years. In several years, the people were so crowded in the place of throwing pebbles that hundreds of people died. Therefore, limiting the numbers of pilgrims is a matter of considering public interest that was not specifically addressed by the Islamic texts and of the elimination of means that lead to unfavorable results. This matter was agreed upon by wise Muslims.

• Vaccinating the pilgrims
  

The spread of some contagious diseases makes the authorities take precautions through vaccination and other means. Due to the harm that will afflict the Muslims, it is impermissible for man to travel if he has not taken the required vaccinations when it is most likely that the infection will spread.

If the infection is certain or most likely to happen, then this disease causes the Hajj to be not obligatory upon the sick person till he is cured because the Islamic jurisprudence rule stipulates that the elimination of evil takes precedence over the realization of benefit, especially given that the benefit in Hajj is for the person himself more than for others. Moreover, the evil strikes many others. Since Hajj is not obligatory upon him, I believe that taking the risk of travelling in spite of the probability of infection is prohibited, being either disliked or forbidden, according to the degree of the probability of infection.

This opinion is based upon the incident in which the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) said to a man with leprosy who came to pledge him allegiance: "Go back, for we have accepted your pledge of allegiance." [Muslim] He also said: "Run away from the leper like you run away from a lion." [Al-Bukhari]

Many people ask whether to give precedence to their needs or to Hajj. For example, a person may need a car; so should he then buy the car or perform Hajj

The car, no matter how much a person may need it, is not considered a necessity that justifies delaying the Hajj. The sharia-approved necessity is that which life cannot continue without.

Moreover, whoever gives precedence to and is keen on the obligations of Islam, Allah will grant him the car along with other blessings, Allah willing.
In addition, among the frequently asked questions: should one give precedence to marrying off his children or to performing the Hajj?

Jurists have different opinions concerning this issue. A number of jurists adopt the opinion that he should give precedence to the Hajj because it is obligatory on him, conditional on capacity, and he is capable. On the other hand, others believe that if the son or the daughter needs to get married, then he should give precedence to this based on the fact that Hajj is a deferrable, not an immediate obligation. The latter is the opinion adopted by Dr. Muhammad Al-Mukhtar Al-Mahdi, Professor in Al-Azhar University and President of Al-Jam‘iyyat Ash-Shar‘iyyah (Sharia Associations).

It is not permissible to perform the Hajj with unlawfully earned money. However, jurists judge that this Hajj is valid and availing of the obligation, in spite of the sin therein. According to the fatwas of Dar Al-Ifta’ Al-Misriyyah:

The sharia stated that Hajj is obligatory upon every Muslim who is free, adult, and in full possession of mental faculties and healthy, if he owns the provisions, the means of transportation, the residence and other indispensible affairs along with the expenditures of his dependants till he returns. It is disliked for an indebted person to go for Hajj if he does not have money to repay his debt, unless the creditor grants him permission.

It is a condition that the expenses should be lawfully earned given that Hajj with unlawfully earned money is not accepted although the obligation is fulfilled, even if the money is stolen. There is no contradiction between fulfilling the obligation of Hajj and not accepting it. The slave is not rewarded because Allah does not accept it, but he is not punished with the punishment of the one who failed to perform Hajj (while able to do it) in the hereafter.

He also builds his opinion upon what An-Nawawi  may  Allah  have  mercy  upon  him said: "If one performs Hajj with unlawfully earned money or riding a stolen animal, then he is sinful although his Hajj is valid, and it avails him in our opinion. This opinion was also held by Abu Haneefah, Malik, and Al-‘Abdari, and it was adopted by the majority of the jurists."

Is it obligatory on the father to provide for the Hajj of his son or on the son to provide for the Hajj of his father?

Shaykh Ibn ‘Uthaymeen  may  Allah  have  mercy  upon  him was asked about this, and his answer was:

It is not obligatory because acts of worship are conditional on capacity, and capacity does not come from others. Thus, it is not obligatory upon either of them to do so. However, if the father demands the expenses of Hajj from his financially capable son, then obeying him falls under the ordained dutifulness; thus, it becomes a duty in this respect.

The majority of the scholars view that there should be a mahram man with the woman during the Hajj, except for the Shafi‘i school, which adopts the opinion that it is permissible for women to perform the obligatory Hajj with a group of trustworthy women if the safety of the road is guaranteed.Nevertheless, the husband may not prevent his wife from the obligatory Hajj, as the Permanent Committee for Islamic Research and Fataawa said: "The obligatory Hajj is an obligation whenever the conditions of capacity are met, and they do not include the permission of the husband.

He may not prevent her. Rather, he should cooperate with her in performing this duty."This ruling concerns the obligatory Hajj.On the other hand, he may prevent her from performing a voluntary Hajj if he wishes, as stated by Imam Ibn Qudamah Al-Hanbali, "Concerning the voluntary Hajj, Ibn Al-Munthir reported the consensus on the fact that the husband may prevent his wife from a voluntary Hajj because the right of her husband is a duty that she should not miss for something that is not obligatory upon her."

The permission of the parents is not a condition for the obligatory Hajj, but it is a condition for a voluntary Hajj. Imam An-Nawawi  may  Allah  have  mercy  upon  him said:

They may prevent him from a voluntary Hajj, and they are not sinful for this, but they may not prevent him from the obligatory Hajj, and they are sinful for preventing him. If he performs the Hajj without their permission, then his Hajj is valid in any case, even if he disobeyed them in case of a voluntary Hajj.

It is permissible to give the poor from the money of the zakah to perform the Hajj. This is the opinion of Ibn ‘Umar, as proven by a narration on his authority: "Hajj falls under the category of the Cause of Allah."

This is also the view held by Imam Ibn Taymiyyah  may  Allah  have  mercy  upon  him who said: "One may give money to someone who did not perform the obligatory Hajj because of being poor."

Questions about Black Stone

1- Shaykhul-Islam Ibn Taymiyyah  may  Allah  have  mercy  upon  him said, “No inanimate object can be kissed or given salutations except for the Black Stone.”

2- Kissing the Black Stone is an act of worship that is done by only one person at that moment.

3- Some hadiths stated: The Black Stone was sent down (to earth) from Paradise. But their isnad (chain of narrators) is doubtful.

4- Some hadiths stated: The Black Stone will testify for those who touched it. But their isnad is doubtful.

5- Some hadiths stated: When the Black Stone was sent down (to earth) from Paradise, it was whiter than milk, but the sins of the children of Adam turned it black. But their isnad is doubtful.

6- It is a stone that can neither bring about benefit nor cause harm, as ‘Umar Al-Farooq  may  Allah  be  pleased  with  him said, and it was proven in the two Saheehs [Al-Bukhari and Muslim].

7- While kissing it, one should kindly kiss it and not make a noise (of kissing), as the scholars has stated.

8- It is not permissible for the Muslim to cause crowds and cause annoyance to the Muslims while kissing it. This is the opinion that was adopted by most of the scholars. Ibn ‘Umar  may  Allah  be  pleased  with  him used to kiss it in spite of the crowd.

9- If the Black Stone is stolen (may Allah protect us from this), as it was stolen in the past by the Qaramitah from Ar-Rafidhah, is it permissible to kiss its place?
Answer: It is not permissible to kiss its place, rather, one should say, “Allahu Akbar,” at its place.
10- It was authentically narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) kissed it with his mouth. It was also authentically narrated that he touched it with a crooked staff that he had with him and then kissed the staff, as was reported in Saheeh Muslim.

11- If a person is unable to kiss it with his mouth or touch it with a crooked staff, then he should touch it with his hand and then kiss it.

12- If a person is unable to kiss it with his mouth, touch it with a crooked staff, or with his hand, but he is able to throw a tip of his ihram over the Stone, is it permissible for him to do so?

Answer: It is permissible to do so for it was reported that Ibn ‘Abbas  may  Allah  be  pleased  with  him used to touch the Stone with his clothes and kiss it. [‘Abdul-Razzaq: Musannaf with a Saheeh chain of narrators]

13- Is it permissible to kiss the Black Stone for some reasons other than Hajj and ‘Umrah?

Answer: Scholars hold the opinion that it is not permissible to kiss the Black Stone as long as one is not in ‘Umrah or Hajj. Imam Malik  may  Allah  have  mercy  upon  him allowed this. The matter should be mentioned in some detail. If kissing the Stone is related to acts of worship such as Hajj or ‘Umrah, then it should be as the other matters that are related to acts of worship and it should not be kissed.

However, if kissing the Stone is related to acts of worship and other things such as honoring and loving it, then it may be kissed at times other than those of ‘Umrah and Hajj. It was authentically narrated in Saheeh Muslim that when ‘Umar  may  Allah  be  pleased  with  him kissed it, he said, "I saw the Messenger of Allah  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) having great love for you."

How to Perform Hajj

 There are Three Types of Hajj:

• 1- Hajj At-Tamattu’
• 2- Hajj Al-Qiran
• 3- Hajj Al-Ifraadh
  

Here, we shall talk about Hajj at-Tamattu’ as it is the most recommended one.
In this type of Hajj, one is to perform ‘Umrah during the Hajj months (i.e., Shawwal, Dhul-Qa’dah and the first nine nights of Dhul-Hijjah) and to perform the Hajj in the same year with a sacrifice slaughtered in Mina on the day of ‘Eed Al-Adha (The 10th day of Dhul-Hijjah) or during the days of at-Tashreeq (i.e. the 11th, 12th and 13th of Dhul-Hijjah). The pilgrimage may remove his Ihraam garments and continue his normal activities between ‘Umrah and Hajj. It is necessary to make the Tawaaf and the Sa’y twice, the first time for ‘Umrah and the second time for Hajj.

The different steps of the Hajj Journey are described below:

• Ihraam:
  

Ihraam is the intention of the person willing to perform all rites of ‘Umrah, Hajj or both when he arrives at the Meeqaat. Each direction coming into Makkah has its own Meeqaat. It is recommended that the one who intends to perform Hajj makes Ghusl (a shower with the intention to purify one’s self and to be ready for Hajj), perfumes his body, but not his garments, and puts on a two-piece garment with no headgear. The garments should be of seamless cloth. One piece to cover the upper part of the body, and the second to cover the lower part. For a woman the Ihraam is the same except that she can wear any kind of wide garments, and should not use perfumes at all and her dress should cover the whole body decently, leaving the hands and the face uncovered. The pilgrim should say the intention according to the type of Hajj. For Hajj At-Tamattu’ one should say:

“Labbayka Allahumma ‘Umrah,” which means, “O Allah I answered your call to perform “Umrah.” It is recommended to repeat the well-known supplication of Hajj, called Talbiyah, as frequently as possible from the time of Ihraam till the time of the first stoning of Jamrat Al-Aqabah in Mina on the tenth day of Dhul-Hijjah.

Men are recommended to utter the Talbiyah aloud while women are to say it quietly. This Talbiyah is the following:

“Labbayka Allahumma labbayk. Labbayka laa Shareeka laka labbayk. Inna al-Hamda wan-ni’mata laka wal-mulk. Laa Shareeka lak.”

“Here I am at Your service. O my Lord, Here I am. No partner You have. Here I am. Truly, the praise and the provisions are Yours, and so is the dominion. No partner You have.”

• Tawaaf:
  

When a Muslim arrives in Makkah, he should make Tawaaf around the Ka’bah, as a gesture of greeting Al-Masjid Al Haraam. This is done by circling the Ka’bah seven times in the counterclockwise direction, starting from the black stone with Takbeer and ending each circle at the black stone with Takbeer, keeping the Ka’bah to one’s left.

Then the pilgrim goes to Maqam Ibraaheem (Ibraaheem’s station), and performs two Rak’ah behind it, (close to it if possible), but away from the path of the people making Tawaaf. In all cases one should be facing the Ka’bah when praying behind Maqaam Ibraaheem.

The next rite is to make Sa’y between Safa and Marwah. The pilgrim starts Sa’y by ascending the Safa. While facing the direction of the Ka’ba he praises Allah, raises his hands and says Takbeer “Allah-u-Akbar” three times, then makes supplication to Allah. Then the pilgrim descends from the Safa and heads towards the Marwah.

One should increase the pace between the clearly marked green posts, but should walk at a normal pace before and after them. When the pilgrim reaches the Marwah, he should ascend it, praise Allah and do as he did at the Safa. This is considered one round and so is the other way from the Marwah to the Safa. A total of seven rounds are required to perform the Sa’y.

• Shaving the Head or Trimming the Hair:
  

After Sa’y, the Muslim ends his ‘Umrah rites by shaving his head or trimming his hair (women should cut a finger tip’s length from their hair). At this stage, the prohibitions pertaining to the state of Ihraam are lifted and one can resume his normal life.

There are no required supplications for Tawaaf or for Sa’y. It is up to the worshipper to praise Allah or to supplicate Him with any acceptable supplication or to recite verses of the Quran.

There are no many specific supplications that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) used to recite during the rites.

A Pilgrim performing Hajj At-Tamattu’ should intend Ihraam, from the place where he is staying, on the eighth of Dhul-Hijjah, which is the Tarwiah Day, and it is better to leave for Mina in the morning. In Mina, the pilgrims pray Dhuhr, ‘Asr, Maghrib and ‘Ishaa’ of the 8th day of Dhul-Hijjah and Fajr of the 9th day of Dhul-Hijjah (‘Arafah Day). Dhuhr, ‘Asr and ‘Ishaa’ are each shortened to two Rak’ah only, but are not combined.

The pilgrims remain in Mina until sunrise of the 9th day of Dhul-Hijjah and then leave for ‘Arafat.

• Departure to ‘Arafat:
  

On the 9th day of Dhul-Hijjah, the Day of ‘Arafah, the pilgrims stay in Arafat until sunset. It is preferable to pray Dhuhr and ‘Asr at ‘Arafat, shortened and combined during the time of Dhuhr to save the rest of the day for glorifying Allah and for supplication asking forgiveness. A pilgrim should make sure that he is within the boundaries of Arafat, not necessarily standing on the mountain of ‘Arafah, he should also be sure that he has spent any part of the night –even a few minutes- within ‘Arafat. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) said: “I stood here on this rocky hill and all ‘Arafat is a standing place.” [Muslim] One should keep reciting Talbiyah, glorifying Allah the Greatest and repeating supplication.

It is also reported that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) used to say the following supplication: “There is no deity worthy of worship except Allah, the one without a partner. The dominion and the praise are His and He is powerful over everything.” Anas ibn Maalik was asked once how he and his friends used to spend their time while walking from Mina to ‘Arafat in the company of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ). Anas said: “Some of us used to cry out Talbiyah, others used to glorify Allah the Greatest and the rest used to repeat supplications. Each one of us was free to worship Allah in the way he likes without prejudice or renunciation of his right.” [Al-Bukhari]

In the vast plain of Arafat, tears are shed, sins are washed and faults are redressed for those who ask Allah for forgiveness and offer sincere repentance for their wrong doings in the past. Happy is the person who receives the Mercy and Pleasure of Allah on that particular day.

Soon after sunset on the day of ‘Arafah, the pilgrims leave for Muzdalifah quietly and reverently in compliance with the advice of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) who said when he noticed people walking without calmness: “O people! Be quiet, hastening is not a sign of righteousness.” [Al-Bukhari]

To follow the example of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) keep reciting the Talbiyah, glorifying Allah the Greatest and mentioning the name of Allah until the time of stoning Jamrat Al-'Aqabah, Al-Jamrat-al-Kubra (a stone pillar in Mina). In Muzdalifah, the pilgrim performs Maghrib and ‘Ishaa’ prayers combined, shortening the ‘Ishaa’ prayer to two Rak’ah. Pilgrims stay overnight in Muzdalifah to perform the Fajr prayer and wait until the brightness of the morning is widespread before they leave for Mina passing through the sacred Mash’ar Al-Haram valley. Women and weak individuals are allowed to proceed to Mina at any time after midnight to avoid the crowd.

When the pilgrims arrive in Mina, they go to Jamrat ‘Al-‘Aqabah where they stone it with seven pebbles glorifying Allah “Allah-u-Akbar” at each throw and calling on him to accept their Hajj.

The time of stoning Jamrat ‘Al-‘Aqabah is after sunrise. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) threw the pebbles late in the morning and permitted the weak people to stone after leaving Muzdalifah after midnight. The size of the pebbles should not be more than that of a pea as described by the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) who warned against exaggeration. The pebbles can be picked up either in Muzdalifah or in Mina.

• Slaughter of Sacrifice:
  

After stoning Jamrat ‘Al-‘Aqabah, the pilgrim goes to slaughter his sacrifice either personally or through the appointment of somebody else to do it on his behalf. A pilgrim should slaughter either a sheep, or share a cow or a camel with six others.

The final rite on the tenth day after offering one’s sacrifice is to shave his head or to cut some of the hair. Shaving the head is, however preferable for it was reported that the Prophet prayed three times for those who shaved their heads, when he said in the meaning of: “May Allah’s Mercy be upon those who shaved their heads.” [Al-Bukhari and Muslim] For women, the length of hair to be cut is that of a fingertip.

The stoning of Jamrat Al-'Aqabah and the shaving of head or the trimming of hair symbolizes the end of the first phase of the state of Ihraam and the lifting of its restrictions except for sexual intercourse with one’s spouse. Stoning Jamrat Al-'Aqabah, slaughtering the sacrifice and shaving the head or cutting part of the hair are preferred to be in this order, as it is the order that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) did them. However, if they are done in any order, there is no harm in that.

• Tawaaf Al-Ifaadhah:
  

Tawaaf Al-Ifaadhah is a fundamental rite of Hajj. The pilgrim makes Tawaaf Al-Ifaadhah by visiting Al-Masjid Al-Haraam and circling the Ka’bah seven times and praying two Rak’ah behind Maqaam Ibraaheem if possible and without causing any harm to Muslims. Then the pilgrim should make Sa’y between the Safa and the Marwah. After Tawaaf Al-Ifaadhah the state of Ihraam is completely ended and all restrictions are lifted including sexual intercourse with one’s spouse. Tawaaf Al-Ifaadhah can be delayed until the days spent in Mina are over.

The pilgrim should return to Mina and spend there the days of Tashreeq (i.e., the 11th 12th and 13th days of Dhul-Hijjah).

During each day, and after Dhuhr prayer until the midnight, the pilgrim stones the three stone pillars called “Jamrat”: The smaller, the medium and Jamrat ‘Al-‘Aqabah, glorifying Allah “Allah-u-Akbar" with each throw of the seven pebbles stoned at each pillar.

These pebbles are picked up in Mina. A pilgrim may leave Mina to Makkah on the 13th of Dhul-Hijjah or on the 12th if he wishes, there is no blame on him if he chooses the latter, but he has to leave before sunset if not he must stay in Mina till he throws the pebbles the next day (13th).

• Farewell Tawaaf
  

Farewell Tawaaf is the final rite of Hajj. It is to make another Tawaaf around the Ka’bah. Ibn Abbaas said: “The people were ordered to perform the Tawaaf around the Ka’bah as the last thing before leaving Makkah, except the menstruating women who were excused.” [Bukhari]

Causes of Inheritance

Inheritance in the Islamic Sharee‘ah (legislation) has three causes:

• First cause: Marriage

 Ünder Sharee‘ah, marriage refers to the valid marital contract -- even in the absence of meeting in seclusion between the spouses or sexual intercourse between them. Both spouses inherit from each other, so long as the marital contract is in effect between them. For example, if a man divorces his wife and her ‘Iddah 

(post-marriage waiting period) elapses, then there would be no mutual inheritance between them, due to the termination of 
the marriage, which is the cause of inheritance.
However, if he divorces her during his fatal sickness and is accused of having done so with the intention of preventing her from inheritance, in this case, she inherits (her share of) his property even (if he dies) after the conclusion of her ‘Iddah, and even if she gets married to 

another person according to the opinion of some scholars of Fiqh (Islamic jurisprudence), by way of opposing the wrongful husband and nullifying his purpose.
Second cause: Walaa’ (allegiance of an ex-slave to his ex-master)
This is a kind of kinship. If a master frees his slave, a kind of relation called Walaa’ (allegiance) starts to exist between them. It is a favor done by the master to his slave out of his bounty, whereby he brings him out of slavery to freedom.

• Third cause: Real Kinship

Kinship is a connection between two persons by virtue of birth, be it a close or far connection. Évery man or woman with whom one has a connection by birth, no matter how close or far, whether from the side of the father or from the side of the mother, or from the side of both together, is one's kin. This is the strongest cause of inheritance.
The heirs from among the kith and kin are divided into three divisions:
 
1-The ascendants: The deceased's father, grandfather (the father’s father), up to all levels of similar relationships from the side of the father; and the deceased's mother, and grandmother being related to him/her through a male or a female heir.
 
2-The descendants: The deceased's sons and sons of his son down to all levels, and his son's daughter down to all levels of her father.
 
3-Non-ascendant /descendant relations: They are the deceased's siblings;whether they are full or half-brothers or sisters, the male children of his/her full brothers and half-brothers from the side of the father, his paternal uncles who are his father's full brothers, or half-brothers from the side of the father up to all levels, the paternal cousins down to all levels.
These are the three causes of inheritance agreed upon among scholars.

They deserve, in the presence of a sound mind and disposition, to be causes of inheritance. There are other causes which are subject to dispute, as to whether or not they are regarded as causes of inheritance, like Bayt Al-Maal of the Muslims (Muslim treasury), the kith and kin who are not heirs, etc.

Impediments of Inheritance

Just as there are causes by virtue of which two persons can inherit from each other, there are also impediments that could hinder inheritance between them. Those impediments might be summed up as follows:

• First impediment: Difference in religion

If the deceased follows a religion and the heir follows another religion, the difference in religion between two persons impedes them from inheriting from each other. Such difference in religion takes several forms including:

The deceased is a Muslim and the heir is a disbeliever, say a Jew, a Christian or belonging to any religion of disbelief. In this case, the disbeliever does not inherit from his Muslim relative. There is no difference of opinion over this fact among scholars in general, due to the following Hadeeth (narration): "No Muslim inherits from a disbeliever and no disbeliever 

• inherits from a Muslim."

The deceased is a disbeliever and the heir is a Muslim. In this case, the Muslim should not inherit (from the property of) his disbelieving relative, according to the opinion of the majority of scholars, who base their opinion on the previous Hadeeth.
The deceased is a disbeliever, belonging to a particular religion, and the heir is also a 

disbeliever, but belonging to another religion. In this case, they should not inherit from each other, due to the Hadeeth: "No people belonging to two different religions should inherit from each other."
There are, indeed, juristic differences as to the classification of religion. According to some scholars, disbelief as a whole is regarded as one religion; and according to others, there are three religions (apart from Islam): Judaism is a religion, Christianity is a religion and all other religions are regarded as one religion.

• Second impediment: Killing

Killing is to commit an act that terminates the life of another person. It means that the murderer never inherits from the murdered person. If a son kills his father, he will not be entitled to inherit his property.
It is well known that killing is of different kinds: for instance, the murder with no just cause, the intentional killing, semi-intentional killing, killing by mistake; and killing with just cause (like killing in implementation of legal retribution). However, scholars agree on the fact that 

murder is among the impediments of inheritance, due to the Hadeeth: "The killer has nothing to inherit, and if he (the deceased) has no heir, his heir should be the closest relative to him. The killer inherits nothing." [Abu Daawood]
However, there is a difference of opinion among the scholars of Fiqh (Islamic jurisprudence) as to whether or not some forms of killing could impede the killer from inheriting.

• Third impediment: Slavery

It is the state of being a slave to another. The slave never inherits the property of the free man, since the slave does not possess property.

Justice and Merits of Islam in the Distribution of Inheritance

People in the time of Jaahiliyyah (pre-Islamic period of ignorance) used to assign the inheritance of the deceased to the eldest among his sons, excluding his young children, and women relatives like daughters, wives, mothers and sisters; or give it to his brother or paternal uncle, under the pretext that the children and women were too powerless to protect the sanctities that should be protected,

 take retaliation, gain booty (from wars) and fight the
enemies. However, Allah The Almighty invalidated this pre-Islamic custom, and assigned to women and children a share of the inheritance of the deceased, and made their share an obligatory right, no matter how little or much the inheritance might be, as shown in His statement (which means):

{For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much -- an obligatory share
{Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. 

And if there is only one, for her is half.
He Says about the inheritance of the mother (what means):
 {But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth.} [Quran 4:11]
About the share of the wife, He Says (what means):
 {And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave.


Allah The Almighty accorded inheritance for women in the following way:
One daughter gets half the inheritance
Two or more daughters get two-thirds the inheritance
The mother gets one-third or one-sixth of the inheritance
 The wife gets one-fourth or one-eighth of the inheritance
The half-sister from the side of the mother gets one-sixth
The full sister or the half-sister from the side of the father gets half the inheritance, or half the share of her brother.
 
It must be borne in mind that all of this is accorded them as their right, when they received nothing in the pre-Islamic days of Jaahiliyyah.
Contrast this with the modern era of Jaahiliyyah, which is no better than the ancient Jaahiliyyah in many of its aspects, which gives room to deprive men, women and children of their rightful inheritance, and instead allows the owner of the inheritance to assign his property, which Allah The Almighty made a means of people's sustenance, to animals.
 
The system of inheritance set by Islam is distinguished from all modern human laws of inheritance in that Islam adopts a moderate attitude -- between Communist socialism on one extreme, and capitalism and other similar doctrines that call for complete freedom of a person to dispose of his wealth according to his own whims on the other extreme. Communist socialism, as outlined by Karl Marx, rejects the principle of inheritance, and regards it as an erroneous act that opposes the principles of justice. Thus, it gives nothing to 

the deceased's offspring or next of kin.
Capitalism and its corresponding economic systems, on the contrary, give the owner the full freedom to dispose of his property as he likes. He has the right to deprive all his kith and kin of his inheritance and bequeath it to a stranger, say, a friend or an employee. A man or a woman, in Western societies, even has the right to bequeath the whole or some of his/her 

property to a dog or a cat!
According to the Islamic system, inheritance is obligatory for both the owner of the property and the heir as well. The owner has no right to prevent any of his heirs from receiving his inheritance; and the heir gets his share, with no need for a court judgment. In some systems, the law affirms inheritance only with a court judgment, since in their sight, it is optional and not compulsory to bequeath and receive inheritance.
 
The Islamic system limits the right of inheritance within the sphere of the family. It requires a sound relationship through blood or marital relation, and since Walaa’ (allegiance of an ex-slave to his ex-masters) resembles kinship, it was joined with the categories of kinship. In this way, neither an adopted child, nor a child born out of wedlock has the right to inheritance. Within the limits of the family, the closest of kin, under Islam, is given preference, followed by the next of kin to the deceased.
 
However, in the other systems, the case is quite different. According to the Jews, for example, the heirs are the male sons, and the share of the eldest is equal to the share of two brothers, whether the child is legitimate or illegitimate. Moreover, the eldest son is not deprived of his share even if he is born from an illegitimate marriage.
According to the Western system, a stranger -- like a friend or an employee – is eligible to receive inheritance, and the same applies to the child born out of wedlock.
 
The Islamic system assigns to the young child a share from the inheritance of his father equal to that of his eldest brother. Thus, there is no differentiation between the fetus in the mother's womb and the eldest son in a big family. The Islamic system also does not differentiate between the eldest son and his brothers, as is the case in the corrupted Jewish canon, and the British law. That is because the young children might be in need of money to build their lives, and to meet their living expenses, more than their older brothers who can work and gather for themselves independent property.
 
The Islamic system also assigns a share of the inheritance to women. The mother, wife, daughter, son's daughter, sister, and other women relatives, have definite shares in the inheritance of the deceased, to ensure them an honorable life, free from the humiliation of destitution and mortification of poverty, unlike some systems that deprive the women of inheritance under all circumstances. Some laws previously deprived the wife of inheritance, and she was not given any share in it. In the past, the Jews did not give women any portion of the inheritance.
 
The Islamic system has made 'need' the basic criterion for preference in inheritance. The deceased person’s children need his money more than his father because they are likely to face greater difficulty in fulfilling their requirements, being young and at a stage where they are beginning their life, unlike their grandfather. Moreover, the duties and obligations of the 

son under the Sharee‘ah (legislation) of Islam are more than those of his sister. He is the one required to provide for himself once he reaches the age of maturity, and he is also required to pay his wife her dowry, provide for her and for the children. He is responsible for the expenses of education, medical treatment, clothing…etc. In addition to this, he is required to provide for his father or relatives if they are poor. However, the girl is more likely to have someone to provide for her, and  not the other way round, since she will get married 

and will be the responsibility of her husband.
These are some of the merits that distinguish the inheritance system in Islam from the old and contemporary laws that were legislated by human beings and that keep changing every now and then.

Refutation of Allegations Raised about the Distribution of Inheritance in Islam

The enemies of Islam have been trying to find fault with the Quran through the verses of inheritance for several centuries. They allege that the Noble Quran gives the female in general, and the wife in particular, half of what it gives to the male in general and the husband in particular, thereby usurping the right of the woman and dealing with her wrongfully. In reply to this malicious allegation we say:

First:The claim that in Islam, the share given from the inheritance to a woman is less than the man, is invalid. Indeed, there are four cases in connection with inheritance where the female's share is equal to or even greater than the male's:
 
1.The first case: When the woman's share is equal to the man's, as it is in the (half) brothers and sisters from the side of the mother, each of whom takes one-sixth, whether they are male or a female, and a group (of more than two) share the third equally, in which the female's share is like the male's.
 
2.The second case: When only the female is the heir, and a cause of preventing the male from inheritance. A typical example is a man/woman who dies and leaves a daughter, a full sister, and a half-brother from the side of the father. The daughter takes half the inheritance, and the full sister the other half, and nothing is given to the half-brother from the side of the father, since he is prevented by the existence of a full sister, although he is a male and she is a female.
 
3.The third case: When a female takes more than what the male takes, such as, when a person dies and leaves a full sister or a half-sister from the side of the father; a mother, a paternal uncle or a half-brother from the side of the mother. In this case, the full sister takes half of the inheritance, the mother the third and the remaining sixth is taken by the paternal uncle or the half-brother from the side of the mother. Although in this case both the sister and the mother are females, the share of each is greater than the male's, i.e., that of the paternal uncle or the half-brother from the side of the mother.
 
4.The fourth case: When a female takes half of what the male takes; this happens in many instances, such as when the inheritors include a daughter along with a son; a son's daughter along with a son's son; a full sister along with a full brother; a half-sister from the side of the father along with a half-brother from the side of the father; the wife's share compared with the husband's: each female in those cases takes half of what the male takes.
What is the wisdom that lies behind this? Does this preference go back to gender or is there another reason lying behind the preference? In reply to these questions, let us say: This preference does not go back to gender, since there are some cases in which the female’s share of inheritance is equal to the male's, and other cases in which her share is greater than the male's, and many cases in which she prevents him from inheritance, as we have previously seen.

Whoever thinks that the shares of the male and female heirs in the Quran are established only on the basis of the difference of gender, i.e., masculinity and femininity, has indeed fallen short of understanding the Quran. That is because the Noble Quran has distributed the shares of heirs on the basis of three criteria:
The degree of kinship between the heirs -- be they males or females -- and the deceased person: The closer the relation between them, the greater the share of inheritance is, regardless of the gender of the heirs.
 
The position of the generation of heirs in the sequence of generations: The young generation, who are at the beginning of their life and getting ready to receive its burdens, have shares of inheritance that are greater than the older generations that are at the end of their life and getting ready to relieve themselves of its burdens, regardless of the gender of the heirs. The daughter of the deceased inherits more than his mother, and both are females; and the daughter inherits more than the deceased's father (i.e., her grandfather), even if she is still an infant and has not seen her father, and even if the father (i.e., her grandfather) is the source of the wealth of the son (her father), from which the daughter alone takes the half. In a similar context, the son inherits more than the father, given that both are males.
 
The financial obligation enjoined by the Islamic Sharee‘ah (legislation) upon the heir: That is the only criterion which raises the difference of gender between the male and the female. However, this difference inflicts neither oppression nor injustice upon the female. On the contrary, it may be that the opposite is true. If the heirs are equal in the degree of kinship, and the position in the sequence of generations, e.g. the deceased's children of males and females, the disparity of financial obligation often is responsible for the disparity of shares of inheritance.
 
This is why this disparity between the male and the female has not been made general to all the heirs (in all cases) in the Noble Quran, but just in some cases. The demands required of the son in life and under the system of Islam are more than those required of (the daughter who is) his sister. He is the one obliged, once he becomes mature, to spend on and maintain himself, pay the dowry to his wife, bear the marital expenditure, maintenance of children as regards education, medication, clothing, etc. but the female usually gets married and is not required to pay dowry or bear expenses, since her maintenance is obligatory for her husband.

The Importance of Distributing Inheritance

Allah, The Almighty, has determined the obligatory shares of inheritance Himself – a task which He entrusted neither to a close angel nor to a sent Prophet. He determined the share of each heir in the inheritance, 

which He showed in detail (in His Book), unlike many rulings which were mentioned in a general and brief way in the Quran. In addition, the Sunnah of the Prophet, sallallahu ‘alayhi wa sallam, came to give a detailed explanation about these rulings, just like the rulings regarding the prayer, Zakah (alms) and Hajj

In relation to the obligatory shares of inheritance, the verses of inheritance were revealed in detail as shown in the beginning and end of Surat An-Nisaa’. Allah, The Almighty, calls them His limits, and promises to give a great reward to the one who abides by them and does not transgress them, and threatens to punish the one who transgresses them. He Says (what means):

{These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment. And whoever disobeys Allah and His Messenger and transgresses His limits -- He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment.}

Ibn Katheer, may Allah have mercy upon him, said, "There are narrations that encourage learning the obligatory shares of inheritance, the most important of which are these (mentioned in verses 11-12 [in the same Chapter]).

In relation to this, it was reported by Abu Daawood and Ibn Maajah, may Allah have mercy upon them, on the authority of ‘Abdullaah ibn ‘Amr, may Allah be pleased with him, that the Prophet, sallallahu ‘alayhi wa sallam, said: “Three things are essential to learn, and what is beyond them is just favorably optional: a precise (Quranic) Verse, a standing Sunnah or a just prescribed obligatory share (of inheritance).”

The Prophet, sallallahu ‘alayhi wa sallam, ordered that the obligatory shares of inheritance should be distributed among those entitled to them. He said: “Give the prescribed share of inheritance to those who are eligible for it and the remainder [of it] is for the nearest male blood relative.”

The scholars called the science of the obligatory shares (of inheritance) half of the knowledge. Ibn ‘Üyaynah, may Allah have mercy upon him, said, "The science of the obligatory shares (of inheritance) is called half of the knowledge because all the people are in need of it."

The Wisdom Behind Prescribing Inheritance

Allah The Almighty has honored man in this worldly life and preferred him over many creatures, as confirmed by His Statement (which means): {And We have certainly honored the children of Aadam (Adam)

and carried them on the land and sea and provided for them of the good things and preferred them over much of what We have created, with [definite] preference.}

Man has been made a successor to authority, which makes him in need of the means that guarantee his survival, maintain his succession to authority and sustain his worldly affairs.
Allah The Almighty has made property a means of sustenance, as shown in His statement (which means): 

{And do not give the weak-minded your property, which Allah has made a means of sustenance for you.}Money sustains the worldly interests of people, and it is the means by which they fulfill their requirements. Man needs it as long as he is living, and once he dies, he no longer needs it. 

Thus, it is necessary to have a successor and a new owner of his property. If the new owner is someone who is capable of taking the property by force and overpowering others, then, it would lead to mutual hatred and disputes among people, and inheritance would be subject to power struggles and strife. If, on the other hand, the property is assigned (after one's death) to cats, dogs, and domestic animals -- which is sometimes the case in some laws -- surely, the people's benefits and interests will be lost and their needs will not be met.
 
For this reason, the Sharee‘ah (Islamic legislation) has assigned inheritance to the deceased person's relatives so that people would rest assured of the destiny of their property, as they are naturally eager to benefit those with whom they have a strong relationship of blood, marital relation or allegiance.If a person dies and leaves property, according to the Islamic Sharee‘ah that takes into consideration  all the benefits of people, it should be distributed among his relatives with justice.

This means distributing the inheritance beginning with the closest and then the next of kin to him and so on, like the children, the father and those next to them in the degree of kinship. Allah The Almighty Says (what means): {This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion.} [Quran 5:3]

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