Author: Dr. Muhammad Zia-ur-Rahman Azmi (رحمه الله)
The Wisdom Behind the Prohibition of Bequeathing for an Heir in Islam
Islam has prohibited bequeathing for an heir because it constitutes transgressing the limits set by Allah (ﷻ). Allah (ﷻ) has determined the boundaries of inheritance. Allah (ﷻ) says:
«تِلْكَ حُدُودُ اللَّهِ ۚ وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا ۚ وَذَٰلِكَ الْفَوْزُ الْعَظِيمُ ﴿١٣﴾ وَمَن يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُّهِينٌ» [النساء: 13-14]
"These are the limits set by Allah; and whoever obeys Allah and His Messenger, He will admit him to gardens beneath which rivers flow, to abide therein forever. That is the great attainment. But whoever disobeys Allah and His Messenger and transgresses His limits, He will admit him to the fire to abide therein, and he will have a humiliating punishment."
For example, if a person has a daughter or a full sister, the daughter is a fixed-share heir and will receive half of the estate. The sister, being a residuary heir, will receive the remaining half. If in such a situation the person bequeaths one-third of his wealth to his daughter, this would mean the daughter would receive two-thirds and the sister would receive only one-third, thus transgressing the limits set by Allah (ﷻ).
Similarly, if a man has two sons, the inheritance will be divided equally between them, half and half. If he bequeaths one-third of his estate to one son, the inheritance would be divided into three parts: two-thirds to the son with the bequest and only one-third to the other son. This also constitutes transgressing the limits of Allah (ﷻ) and is therefore prohibited.
If such a bequest were allowed, the designated portions of inheritance would serve no purpose, and people would manipulate them as they wished—bequeathing more to whomever they desired and depriving others, resulting in the disruption of the fair distribution of inheritance as set by Allah (ﷻ).
[Ibn Uthaymeen: Noor 'ala al-Darb: 1/249]
The Wisdom Behind the Prohibition of Bequeathing for an Heir in Islam
Islam has prohibited bequeathing for an heir because it constitutes transgressing the limits set by Allah (ﷻ). Allah (ﷻ) has determined the boundaries of inheritance. Allah (ﷻ) says:
«تِلْكَ حُدُودُ اللَّهِ ۚ وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا ۚ وَذَٰلِكَ الْفَوْزُ الْعَظِيمُ ﴿١٣﴾ وَمَن يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُّهِينٌ» [النساء: 13-14]
"These are the limits set by Allah; and whoever obeys Allah and His Messenger, He will admit him to gardens beneath which rivers flow, to abide therein forever. That is the great attainment. But whoever disobeys Allah and His Messenger and transgresses His limits, He will admit him to the fire to abide therein, and he will have a humiliating punishment."
For example, if a person has a daughter or a full sister, the daughter is a fixed-share heir and will receive half of the estate. The sister, being a residuary heir, will receive the remaining half. If in such a situation the person bequeaths one-third of his wealth to his daughter, this would mean the daughter would receive two-thirds and the sister would receive only one-third, thus transgressing the limits set by Allah (ﷻ).
Similarly, if a man has two sons, the inheritance will be divided equally between them, half and half. If he bequeaths one-third of his estate to one son, the inheritance would be divided into three parts: two-thirds to the son with the bequest and only one-third to the other son. This also constitutes transgressing the limits of Allah (ﷻ) and is therefore prohibited.
If such a bequest were allowed, the designated portions of inheritance would serve no purpose, and people would manipulate them as they wished—bequeathing more to whomever they desired and depriving others, resulting in the disruption of the fair distribution of inheritance as set by Allah (ﷻ).
[Ibn Uthaymeen: Noor 'ala al-Darb: 1/249]
