Inheritance is an integral part of Islamic Shariah & Law, and it's application in Islamic society is a mandatory asp ect of the Divine teachings of Islam. That Muslim inherit from each other is proven from the Holy Qur'an: "There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share." [An-Nisa 4:7]In the terminology of Islamic Fiqh or Jurisprudence, a Klala (A person (male or female) who has died (& has taraka left behind) & has no Narina Aulad, and has no father, grandfather or great grandfather) is the inheritance of a deceased believing man or woman who is survived neither by their parents, nor do they leave behind any off-spring. The wealth left behind by such deceased are distributed as inheritance amongst their surviving brothers and/or sisters. In the article, it is tried to clear the meaning of "Klala" and it's rights as the understood by the Ulama and scholars. It also been tried to make the laws of inheritance especially related to "Klala" much easier to understand for the common person, but it still requires good knowledge of the Inheritance.
This research article explores the rationale behind Islamic injunctions regarding inheritance. Unlike other Islamic injunctions, which are briefly enunciated in the Quran but elaborated in Sunnah, inheritance has been detailed in considerable length in the Quranic text itself. This coupled with numerous Prophetic traditions underpins the unique importance Islam accords to the question of inheritance. However, despite its exceptional importance, the subject of Islamic law of inheritance remains mostly a neglected one, even among the students of Islamic seminaries and Ulema. Resultantly, Islam's brilliant system of inheritance is often not implemented by the adherents of Islam, much to the miseries and hardships of the legal heirs, especially the children and women. Thus these marginalized segments of society are deprived of their rights today just as they were treated before the advent of Islam.
This research brings home the fact that the divinely ordained Islamic injunctions of inheritance are based on sound rationale and justification in the best interest of humanity, and that the believers must adhere to these injunctions that are based on three key principles: proximity in relationship, need, and distribution of wealth. The paper explains in great length the types of relatives and legal heirs, the principles of distribution among them, the justification for such shares, and the limits imposed by Quran and Sunnah with regard to the right of the deceased, the heirs, relatives and the state. It also discusses some of the contentious issues in contemporary debate on Islam: an orphan grandson's title to inheritance, and the philosophy behind 2:1 inheritance distribution formula between son and daughter. In doing so, the author has not only relied on the main sources of Islamic jurisprudence viz.Quran and Sunnah, in addition to classical and modern Islamic scholarship but also sound argumentation and logical exposition.
As for the inheritance of a person who hold such estoeric belief and doctrines that contradict Islam, Therefore according to the teachings of Islam he is not entitled to inherit from his Muslim relatives and they do not inherit from him as well because disparity in religion is one of the impediments of inheritence. A Muslim can not inherit from a non-Muslim relative nor can a non-Muslim inherit from his Muslim relative. Usaamah Ibn Zayd (R.A) reported that the Prophet ﷺ said "A Muslim is not allowed to inherit (any thing from a) non Muslim and non-Muslim is not allowed to inherit from a Muslim (Al-Bukhari, Muslim) and So it approved from the above mentioned Hadees but the issue that has become more common in non-muslim countries is related to those persons who have converted to islam and are living in these countries.According to Sharia they are not allowed to take their part in inheritance but in some cases the situation becomes harmful for the muslims when this estate is allocated to any NGO or organization which uses it against muslim interests so the question arises,is it not better for the converted Muslims to take their share of inheritance according to country law considering a gift from their non-muslim relatives.
The fallowing discussion is about this issue.