Lesson # 1030 from Noble Quran
The terminology
of the Jurisprudence (Fiqah)
Surah ‘ANFAAL (SPOILS OF WAR) – Chapter – 8)
Stage – 2, Verse – 75 of 75, Section
– 10 of 10 (Part - 10)
BisMIllaahir-Rahmaanir-Rahiim
In
the name of God, the Beneficent, the
Merciful
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75. And those who
afterwards believed and left their homes and strove along with you, they are
of you; and those who are akin are nearer to one another in the ordinance of
Allah. Lo! Allah is Knower of all things.
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75. Walla-ziina
‘aamanuu mim-ba’-du wa
haa-jaruu wa jaahaduu
ma-‘akum fa-‘ulaaa-‘ika minkum.
Wa ‘ulul-‘arhaami ba’-zuhum
‘awlaa bi-ba’-zin- fii
Kitaa-bIllaah. ‘InnAllaaha bi-kulli
shay-‘in ‘Aliim.
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Lesson
It has been described in this verse
that; those people who entered in Islam afterwards and believed, immigrated,
came to Madinah and joined the earlier
immigrants, helped them in their works and participated in their attempts and
strife, they all are brothers one of another. Their internal and external
relations are the same as of yours.
As if, the near relatives of
previous immigrants come after accepting Islam and immigration, then they would
be heirs of their relatives, and according to the Scripture of Allah Almighty
(Holy Qur’an), which portion of
kinsmen has been prescribed in the hereditary; the property of the dead person
will be divided into them. Due to new brother-hood (among immigrants and
inhabitants), they will not be deprived. A heritage will be distributed between
the new brother-hood till such time; the actual kinsmen do not reach their
relatives in Madinah after
immigration. When they arrived at Madinah,
then their right is at first priority in the portion of the deceased’s property.
The legacy of the dead immigrant will be distributed among them only.
Everything is in the Knowledge of
God Almighty, He knows it also that how the heritage should be divided and
whose right is antecedent. On the basis of His Knowledge; He determined heirs
of one another to the immigrants and the inhabitants (Muhajiriin and Ansaar) due
to brotherhood.
After that, when kinsmen of the
immigrants reached Madinah after
immigration and joined them, then the original law about legacy was regularized.
Therefore, the property of the dead person will be distributed in accordance
with that law. And then; no one was authorized to decrease or increase any
portion of heritage. However, if that individual, who is at the death’s door, does
act of kindness with someone, he is entitled to do so up to one-third portion
of his property. More than this portion of his last will; will be corrected and
distributed according to the religious law.
‘Ulul-‘arhaami - (kinsmen,
relatives), it is plural of zo-rihm. Rihm means “the womb, matrices,
relations by the mother’s side”. Here; the aim from ‘ulul-‘arhaam is “those entire near relatives whose portion
has been prescribed in the property of the person who has died and those who
are given remaining property after distributing the portions to rightful heirs”.
Those relatives and kinsmen are also called Zawil-‘arhaam. First kind of people is called Zawil-furuuz and the second is ‘Asbah. Actual aim from this verse is “these
entire relatives”.
According to the terminology of the Jurisprudence
(Fiqah), those relatives have been
included in ‘ulul-‘arhaam
too; who are not Zawil-furuuz or ‘Asbah. The detail about their portion
or right in the heritage has been mentioned in the Books of Fiqah. Instructions about them can be
known from there.
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