This first passage of this sūrah begins with a verse which reminds people that they all have one Lord and a single Creator, that they descend from the same origin and belong to one family. It defines the unit of humanity as the individual and makes the family the unit of society. It emphasises the importance of fearing God and fostering ties of kinship in order to build on this basis all the obligations of mutual care and support, as well as compassion within the family and within humanity as a single whole. All the legislation and regulations included in this sūrah take into account the twin obligations of fearing God and of fostering ties of kinship.

In this opening passage of the sūrah, the duties and legal provisions concerning orphans are outlined, thus providing protection for those who are normally weak within both the family and society. These provisions define the way in which orphans and their property should be looked after. They also regulate how inheritance takes place within the family and the various shares of different relatives according to a whole range of situations. All this relates to the fundamental principle stated in this opening verse, reminders of which are given at the beginning, middle or end of other verses. The emphasis being on the relationship between these regulations and legal provisions and the One who enacts them, the Supreme Lord Who alone has the right to legislate.

Mankind, fear your Lord, who has created you from a single soul, and from it created its mate, and from the two of them spread abroad so many men and women. Fear God, in whose name you appeal to one another, and be mindful of your ties of kinship.

Indeed, God is ever watching over you. (Verse 1)

This address is made to mankind, in their basic human quality, so that they may all turn to their Lord who has created them “from a single soul”. He further created from this single soul its mate, “and from the two of them spread abroad so many men and women.” (Verse 1)

These simple and basic facts are very profound, having much weight in human considerations. Had people been truly mindful of these facts, it would have brought about great changes in their lives, helping them to move from their state of ignorance to a state of intelligence, whereby they would be able to receive proper guidance and accept the true faith. They would, thus, have been able to build a true civilisation worthy of man, the creature who acknowledges God as his Lord and Creator.

These facts open up a very wide scope for us to reflect upon. Firstly, they remind us of our origins, and of the fact that we belong to our Creator who has established us on this earth. People are often oblivious to this fact, forget everything and, consequently, cannot establish anything in their lives on a sound basis.

Man came into this world after a period of time when the world existed without him. Who, then, brought him into this world? He has not come into it by his own will. Prior to his arrival he had no definite existence, and no will with which to decide whether to enter this world or not. Man’s arrival in this world is, thus, the result of a will other than his own. It is this will which decided to create man, and which chose and defined his way for him. It has given him his existence with all its special characteristics, his talents and potentials. It has given him the ability to deal with the universe into which he has been brought without any prior preparation except that given him by this same will. Needless to say, that will is omnipotent in the sense that it is able to do whatever it may wish and determine. If people would only remember this fact they would be able to recognise the true path from the very outset.

This will, which has brought man into this world, outlined for him his way of life and gave him the ability to deal with the universe. It is the only will which can influence human life in any way it wishes, knows everything about man and can best manage his affairs. It is the only will which has the right to define for man his source of life, promulgate laws and regulations for human life, and lay down values and standards for man to observe. To this will alone people must refer whenever they differ over anything. When they do this, they refer to the one constitution which God wants mankind to implement.

Secondly, these facts suggest that all humanity, which has issued from a single will, share together in a single kinship and have the same origin and lineage:

This powerful opening to the sūrah is followed with an outline of the foundation upon which the Islamic social system is built: mutual co-operation within the family and the community, care for the weak and vulnerable, protection and honour for women, looking after the property of the community, and the distribution of inheritance among heirs according to a system which ensures justice to individuals and prosperity to the community.

Guardians of orphans are commanded here to hand over to them all their property when they have attained the age associated with sound judgement. Moreover, they are commanded not to marry under-age orphan girls who are in their charge in the hope of absorbing their wealth. As for the weak-minded who, it is feared, will squander their wealth once it is given to them, they should not be handed their property, because it, in fact, belongs to the community which has an interest in it.

Hence, it should not he given up to anyone who may use it improperly. Men are also ordered to maintain justice and fairness in their treatment of women generally.

Give the orphans their property. Do not substitute bad things of your own for their good things, and do not absorb their wealth into your own wealth. That is surely a great crime. (Verse 2) If you fear that you may not deal fairly by the orphans, you may many of other women as may be agreeable to you, two or three or four. But if you fear that you will not be able to maintain fairness between them, then marry only one, or those whom your right hands possess. That makes it more likely that you will not do injustice. (Verse 3) Give women their dower as a free gift; but if they, of their own accord, choose to give up to you a part of it, then you may take it with pleasure.

(Verse 4) Do not give to the feeble-minded your wealth which God has assigned to you in trust. Make provisions for them and clothe them out of it and speak to them in a kindly way. (Verse 5) Test the orphans [in your charge] until they reach a marriageable age; then, if you find them of sound judgement, hand over to them their property, and do not consume it by wasteful and hasty spending before they come of age. Let him who is rich abstain generously [from his wards property] but he who is poor may partake of it in a fair manner. When you hand over to them their property, let there be witnesses on their behalf. God is sufficient as a reckoner. (Verse 6)

These emphatic orders give us an impression of what was common practice in the days of ignorance in pre-Islamic Arabia where the rights of the weak in general, and orphans and women in particular, were either usurped or denied them altogether.

Some of these practices continued to exist in the Muslim community, which was originally carved out of the ignorant Arabian society, until the Qur’ān began to eradicate them altogether. At the same time, the Qur’ān gave the Muslim community new concepts, aspirations, traditions and a whole new face with distinctive features.

“Give the orphans their property. Do not substitute bad things of your own for their good things, and do not absorb their wealth into your own wealth. That is surely a great crime.” (Verse 2)

`Urwah ibn al-Zubair, a scholar from the generation following that of the Prophet’s Companions, relates that he once asked `Ā’ishah, the Prophet’s wife, about this verse which states: “But if you fear that you will not be able to maintain fairness between them, then marry only one, or those whom your right hands possess. That makes it more likely that you will not do injustice.” (Verse 3) She said: “Nephew, this refers to an orphan girl being brought up by her guardian and she is his partner in his property.

He is attracted to her because of her property and beauty, and he wishes to marry her without being fair to her in her dower and without giving her what someone else would have given. People are therefore not allowed, on the basis of this verse, to marry those orphans unless they treat them fairly and give them the maximum dower girls in their station would have had. They are further ordered to marry other women instead.” `Urwah also relates on the authority of `Ā’ishah that the Prophet’s Companions sought his ruling on the whole question after this verse was revealed. By way of answer and assistance, another verse of this sūrah was revealed: “They ask you for rulings concerning women. Say, God [Himself] gives you His rulings concerning them, as well as what is conveyed to you through this Book about orphan women whom you deny what has been assigned to them, and you are disinclined to marry them; ...” (Verse 127) `Ā’ishah further says: “God’s statement in this other verse, i.e. ‘and whom you are disinclined to marry’, refers to their reluctance to marry orphan girls when they are neither wealthy nor beautiful. They are, therefore, told that they must not marry those orphan girls to whom they are attracted because of their wealth and beauty unless they are fair to them. This is due to the fact that they do not consider marrying them when they lack wealth and beauty.” (Related by al-Bukhārī.)

This ĥadīth, as related by `Ā’ishah, describes some of the practices and traditions of ignorant, pre-Islamic Arabia that continued to be practised in the Muslim community, that is until the Qur’ān had its say about them. The Qur’ān is here forbidding such practices and removing them from the Muslim community, with such wise directives that place the onus for their appropriate observation on people’s consciences. The Qur’ānic verse starts with: “If you fear that you may not deal fairly by the orphans.” (Verse 3) It is, then, a question of taking precautions and making sure to be on the safe side, fearing God’s punishment, when a guardian suspects that he is not extending fair treatment to an orphan girl in his care. The verse is general and does not speak of any particular area where fairness is essential. What it requires is that orphans must be treated fairly, in every sense of the word and in all situations, whether relating to dowry or to any other aspect. If a guardian seeks to marry an orphan girl for her money, then he is motivated by his desire to absorb her property, and not by any affection he has for her or by any feeling that her personality makes her a suitable wife for him. Unfairness also arises when a guardian marries an orphan girl regardless of the wide differences in age between them. This makes a happily married life rather untenable, and does not give due consideration to the girl’s feelings in the matter. Indeed, she may be unable to express her feelings, either out of shyness or because she fears that if she disobeys her guardian, he will squander her wealth. Many other situations and circumstances may make it difficult to maintain fairness. The Qur’ān, therefore, appoints one’s conscience as well as fear of God as the watch guards. The opening verse of this sūrah, which sets the scene for all these legal provisions and directives, is concluded with the reminder: “God is ever watching over you.’’ When guardians are unsure about their ability to maintain fairness with orphan girls in their charge, they should turn elsewhere for marriage. In this way they remove all suspicions of dealing unfairly with their ward: “If you fear that you may not deal fairly by the orphans, you may marry of other women as may be agreeable to you, two or three or four. But if you fear that you will not be able to maintain fairness between them, then marry only one, or those whom your right hands possess. That makes it more likely that you will not do injustice.” (Verse 3)

Islam is a practical and positive system for human life, which is consistent with human nature and with man’s constitution, needs, requirements and changing circumstances in all areas and all generations. It is a system which deals with man as he is, and in the situation it finds him in, elevating him to heights he can never otherwise achieve, without in any way denouncing his natural desires or suppressing his nature or overlooking his practical needs. Moreover, Islam approaches man gently. It does not resort to violent or arbitrary pushing to force him to move in the direction it wants.

Islam does not raise the spectre of hollow idealism, or dreamy theorisation that clashes with man’s nature and the needs of his practical life. It is a system that cares about man’s morality and the purity of society. It does not allow a situation to exist if this is likely to lead to the weakening of moral values and the corruption of society. It works for the creation of a social order that promotes moral values and the purity of society with minimum effort on the parts of both the individual and society.

We have to keep all these essential qualities of the Islamic system in view when we look at the question of polygamy. We see firstly that there have always been many practical cases, in different societies, in the past and in the present, where the number of women of marriageable age exceed the number of men who may get married. It has never been known in history that such an imbalance which can affect certain societies has ever exceeded the ratio of four to one. It is always within that limit. How do we deal with this imbalance which happens from time to time in different ratios and societies and which cannot be overlooked? Do we simply shrug our shoulders and do nothing? Do we leave it without treatment until it settles down according to whatever circumstances may come to prevail?

Shrugging our shoulders does not solve any problem. Leaving society to deal with such a situation at random is something no serious man who respects the human race would contemplate. Action must be taken and a system must be devised. Here we find ourselves facing three alternatives:

1. Each man who is fit to get married marries one woman of marriageable age.

Therefore, one woman or more, according to the ratio of imbalance, will inevitably remain outside marriage, going through her life without ever knowing a man.

2. Every man who can marry gets married to one woman in a healthy, legitimate relationship. He, then, has an affair or a short-term relationship with one or more of the women who do not have legitimate male partners. In this way, these women associate with men in an illegitimate and hypocritical way.

3. Men who are able to get married, or some of them, actually marry more than one wife. In this way, the second woman associates with a man as an honourable wife, in broad daylight, not as a mistress or as an occasional partner in an illegitimate relationship practised under the cover of darkness.

So far we have given due importance to the condition attached by the Qur’ān to the concession to marry more than one wife, namely, fair treatment. When a man fears that he may not be able to abide by that condition, the Qur’ānic verse stipulates certain options that are open to him: “If you fear that you will not be able to maintain fairness between them, then marry only one, or those whom your right hands possess.” (Verse 3) This means that where fairness cannot be maintained, marriage should be confined to just one wife. The other alternative touched upon by the phrase “those whom your right hands possess” refers to women who are slaves. The statement is expressed in general terms, without specifying formal marriage. We have already spoken about the general question of slavery when we discussed the relevant verses in Sūrah 2, The Cow, or Al-Baqarah. It is pertinent to add here some brief remarks in connection with the present verse.

When a slave woman is married, she regains her human dignity. Such a marriage qualifies her and any offspring by her master for freedom, even if he does not actually set her free when he marries her. On the day when she gives birth, she is elevated to the status of “the child’s mother”. Her master no longer has any right to sell her, and she is free on his death. Her child is free from birth.

Similar conditions apply if her master joins her to himself without marriage. When she gives birth, she gains the status of “the child’s mother” and she cannot be sold.

On her master’s death, she regains her freedom. So does her child by him, if he acknowledges his parenthood as was the general practice.

Both marriage and cohabitation enable a slave woman to gain her freedom. We know that Islam has provided many such methods for slaves to regain their freedom.

Still, some of us may feel uneasy about the notion of cohabiting with a slave woman.

We should, however, remember here that slavery was an answer to an emergency situation; a position imposed on captives, on the basis of equal treatment, after a legitimate war declared by a Muslim ruler who implements God’s law. The same emergency allowed cohabitation with slave women by their masters. When free Muslim women were taken captive, the treatment they received was infinitely worse.

It is also important not to forget that captive women also have desires that must be taken into account by any practical system that caters for man, his natural needs and life situation. Slave women’s desires, then, could be satisfied either through marriage or through cohabitation with their masters. The only other alternative would have meant the spread of immorality and unrestrained sexual chaos whether via prostitution or other illegitimate relationships, as was the case in pre-Islamic days.

During certain generations the number of slave-girls rose very sharply through purchase, kidnapping and the like. Large numbers of them were gathered in palaces where they took part in orgies and other disgusting practices of which we have learnt from both true and exaggerated reports. Nothing of this can be either approved of or encouraged by Islam. It cannot be attributed to the Islamic system or added to its history.

Having finished with this aspect of the discussion of marriage with orphan girls and other women, the sūrah again picks up the subject of orphans’ inheritance. It provides detailed legislation concerning the handing over of their monies to them, having briefly referred to this in the second verse.

Although this property belongs to orphans, it remains, in essence, the property of the community given by God so that the community may make its best use of it. It is the community, therefore, which is the primary owner of property in general.

Individuals, including orphans and those who have left them this property upon their death, are in charge of it so that they may invest and benefit by it and provide benefit to the community at large. They may undertake this task as long as they are able to prove sound judgement. Individual ownership, with all its rights and restrictions, is based on this principle. Orphans who have property, but who are feeble minded and unable to look after their property wisely, are not given control over it. Although their rights of ownership remain intact and cannot be taken away from them, they are not allowed to administer their property. It belongs, as we have said, to the community. Hence, someone who is able to administer it from the ranks of the community is given charge of it, taking into consideration his degree of kinship to the orphan. Thus, the principle of mutual care within the family, which is the basis of general care within the greater family of the society, is fulfilled. The feeble-minded, however, enjoy the rights of adequate maintenance and clothing out of their property, as well as the right to be treated kindly: “Do not give to the feeble- minded your wealth which God has assigned to you in trust. Make provisions for them and clothe them out of it, and speak to them in a kindly way.” (Verse 5)

Feeble-mindedness and sound judgement can be easily detected after a person has attained puberty. Such matters are easily recognised, and they do not require any specific definition. The community can always recognise a person of sound judgement as also one with a feeble mind. The community evaluates the behaviour of all. The test, therefore, to make sure that the orphan has reached the age of puberty, which is referred to in the Qur’ānic text by the term “marriage”, is the function that can be fulfilled only after the attainment of puberty. “Test the orphans [in your charge] until they reach a marriageable age; then, if you find them of sound judgement, hand over to them their property, and do not consume it by wasteful and hasty spending before they come of age. Let him who is rich abstain generously [from his ward’s property], but he who is poor may partake of it in a fair manner. When you hand over to them their property, let there be witnesses on their behalf. God is sufficient as a reckoner.” (Verse 6)

We note in this verse the precise nature of the procedure that culminates with the handing over to orphans of their property when they have come of age. The emphasis here is on the need to hand over such property without any delay, once it has been established that an orphan is of sound judgement. It is right that he should receive his property in full. Again, there is strong emphasis on the need to preserve the property of the orphan when he is still a minor. There must be no attempt to consume an orphan’s property by wasteful and hasty spending, before the orphan reaches the age when the handing over should take place. Moreover, a guardian who is well off must abstain from taking any part of the proceeds or the principal of an orphan’s property in return for administering it. If he is poor, he is allowed to partake of it within the minimum limits. When the handing over is to be effected, witnesses should be present. The verse concludes with a reminder that God witnesses everything and He takes everything into account: “God is sufficient as a reckoner” Such emphasis and detailed legislation coupled with a variety of warnings and reminders give us the feeling that an orphan’s property was frequently absorbed into the property of their guardians during this period of Arabian history. To change such entrenched habits required detailed legislation and emphasis that could leave no room for trickery and deception of any sort.

Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind; whether it be little or much. It is an apportioned share. (Verse 7)

In the days of jāhiliyyah, or ignorance, in pre-Islamic Arabia, no share of inheritance was given to females, and little, if any, was given to young boys. The reason being that neither group could fight against any aggressor. God’s law, on the other hand, made inheritance due to all kinsfolk, according to their degree of kinship and their shares, which will be detailed later. It is the view of Islam that members of the same family should help and look after one another. Everyone is required to look after his relatives when they are in need, and to share their liability in paying compensation in cases of causing death to or inflicting injury or bodily harm on others. Hence, it is only right that relatives should inherit each other, when they leave behind some property, according to their respective kinship. This gives practical effect to the rule that: “gain is commensurate with liability”. Islam is a complete and perfectly coherent system. This is reflected most clearly in the distribution of rights and obligations.

This is the general rule of inheritance. Some people may question the concept of inheritance, but this only betrays their rudeness towards God, their ignorance of human nature and the requirements of practical life.

It is enough to understand the principles which form the Islamic social system to put an end to such futile arguments. The basic characteristic of this system is mutual care. In order to give mutual care a sound basis, Islam builds its structure on a solid foundation of natural human inclinations that have a basic role to fulfil in human life.

Family ties are genuine and natural. They have not been invented by any generation of humanity, nor indeed by the cumulative wisdom of all generations.

These ties have a profound effect on human life, its preservation and betterment. No argument against the seriousness of these ties and their effect is worth any consideration. In view of this, Islam makes mutual care within the family the cornerstone of its system of social care and security. Inheritance is one aspect of that.

It is also an essential element of the Islamic economic system.

Should this provision fall short of looking after all cases which need help, the next step, which is care within the local community, will complement it. If this also falls short, then the Islamic state will look after all those who need care after the family and the local community have fulfilled their duties. In this way, the burden is not thrown totally on the shoulders of the state. The reason being that care within the family or the local community is bound to create feelings of compassion which, in turn, promote co-operation in a most natural way. Moreover, these feelings of compassion constitute a net gain for humanity which cannot be dismissed by any person who has the interests of humanity at heart. Furthermore, family care in particular is bound to leave certain effects that are in harmony with human nature.

Before defining the respective shares of inheritance which are due, the sūrah gives another warning against absorbing orphans’ property. The way the warning is delivered cannot fail to have a strong effect on people’s hearts. It does this by stimulating feelings of love, of compassion for one’s own children, of parental fear for them when they are young and weak, and similarly of fear of God who watches over all our actions. It also arouses fear for one’s safety in the life to come. The fear of burning in the fire is portrayed here in a very vivid and powerful scene: “Let those who, if they themselves had to leave behind weak offspring, would feel fear on their account, be afraid (to wrong the orphans in their charge), let them fear God and speak in a just manner.

Those who devour the property of orphans unjustly, only swallow fire into their bellies. They will be made to endure a blazing fire.” (Verses 9-10)

The first verse touches on parental heartstrings, describing typical parental fear for what may happen to their offspring. They are made to imagine their children, weak, defenceless, left alone with no one to protect or have mercy on them. If they think of their own children in this position, they are bound to sympathise with orphans in their own charge. They cannot know whether their own children would be placed in the care of others, in the same way as they are in charge of orphans. It is further impressed on them that they should fear God in their dealings with those in their charge. This so that God will provide their own children with people who fear Him in the way they deal with such orphans and that they be compassionate and take good care of them. They are also told to speak justly to orphans.

Verse 10 portrays a fearful scene with people swallowing fire into their bellies, and suffering the torment of Hell in the life to come.

Property that belongs to orphans is fire, and guardians devour that fire in the same way as they eat their food. Their ultimate abode is also a blazing fire. It is a blazing fire both inside and out. The way the scene is portrayed shows the fire to be very real, as if its heat is being felt and as if it is seen to burn bellies and skins.

Such Qur’ānic statements are especially effective. They impart their powerful message to Muslims as also eradicate all traces of ignorance from their hearts. They replace such elements with a caution and fear of God. Thus, people are apprehensive lest they misplace any part of an orphan’s wealth. They look at this wealth as though it is the fire that God describes in such very powerful verses. Hence they do not want to touch an orphan’s property in any way. Such indeed was the attitude of the Prophet’s Companions when they heard these verses.

It is authentically reported, on the authority of Ibn `Abbās, that when the verse which begins with “those who devour the property of orphans unjustly, only swallow fire into their bellies” was revealed, each one of the Prophet’s Companions who had an orphan in his charge separated the property of that orphan from his own. They even separated their food and drink. If any part of an orphan’s food was left over, it was kept for him until he ate it or it became unsuitable to eat. This inevitably caused great difficulties. When these difficulties were pointed out to the Prophet, God revealed the verse that states: “They ask you about orphans. Say: to improve their conditions is best.

God has this to enjoin on you with regard to your children: The male shall have a share equal to that of two females. If there are more than two women, they shall have two-thirds of what [their parents] leave behind; and if there is only one, she shall have one-half of it. As for the parents [of the deceased], each of them shall have one sixth of what he leaves behind, in the event of his having a child; but if he leaves no children, and his parents be his heirs, then his mother shall have one-third; and if he has brothers and sisters, his mother shall have one-sixth after (deducting) any bequest he may have made, or any outstanding debt. With regard to your parents and your children, you do not know which of them is of more benefit to you. This is, therefore, an ordinance from God. God is All-Knowing, Wise. (Verse 11)

At this point, the sūrah explains the Islamic system of inheritance. It starts with an order, made in the form of a strong recommendation, made by God to parents, to maintain justice among their children. This order shows that God, limitless is He in His glory, is kinder, fairer and more merciful than parents are to their own children.

It also shows that the whole system of inheritance has been laid down by God, who has given His verdict on every issue concerning parents and children, or that may come up among relatives. People have no choice but to receive their orders from Him and to implement His rulings. This is the proper concept of religion which the sūrah, in its entirety, seeks to explain in the clearest of terms.

The opening statement also lays down the general principle which pervades the whole system of Islamic inheritance: “God has this to enjoin on you with regard to your children: The male shall have a share equal to that of two females.” (Verse 11) Details are then provided and shares assigned in the light of the aforementioned general principle. All these details are given in two verses; the first is devoted to inheritance by offspring and by parents from their children, while the second lists the inheritance of husbands and wives, and situations when the deceased has no surviving children or parents. A few other rules of inheritance are also explained in the last verse of this sūrah.

These three verses provide the foundation of the Islamic system of inheritance, which constitutes a branch of Islamic jurisprudence known as that of “decreed shares”. Further elaboration is stated clearly in a number of aĥādīth or has been deduced by scholars on the basis of the principles provided in these verses. It is beyond the scope of this commentary to discuss such elaborate details, for they are more the concern of specialised works on Islamic jurisprudence. Therefore, we will limit ourselves here to an explanation of these verses and we will comment on the principles they provide within the perfect Islamic constitution.

“God has this to enjoin on you with regard to your children: The male shall have a share equal to that of two females.” (Verse 11) This beginning to the system of inheritance points to the Originator of these rules and the basis upon which they are founded. It also stresses the fact that God is more merciful to mankind than parents are towards their children. When He assigns shares for them, He gives them better than what parents would normally give to their own children. Both notions are interrelated and mutually complementary. It is God who enjoins and decrees, and it is He who divides inheritance among people in the same way as He enjoins and commands in every respect and distributes everything that people receive in their lives. It is from God that regulations, legal provisions and laws originate, and from Him people learn how to conduct the most personal of their affairs, mainly the distribution of their estates among their children. This is the meaning of religion. People will not have a religion of any sort if they do not receive their instruction, on how to conduct all their life affairs, from God alone. They do not submit themselves totally to God if they receive instructions on any matter, great or small, from any other source. That would be to deny God’s authority, and to drop back into ignorance, the state which Islam worked hard to uproot from human life altogether.

The division begins with the shares of offspring when they inherit from their parents: “If there are more than two women, they shall have two-thirds of what [their parents] leave behind; and if there is only one, she shall have one-half of it.” If the deceased has no male issue, but has two or more daughters, his daughters share equally two- thirds of his estate. If he leaves behind only one daughter, she inherits half of his estate. The remainder goes to his nearest of kin on his father’s side, i.e. to his father, grandfather or brother, or to his half-brother on his father’s side or to his paternal uncle or the children of his grandfather.

The Qur’ānic verse states: “If there are more than two women, they shall have two-thirds of what [their parents] leave behind.” This statement apportions two-thirds if the deceased leaves behind more than two daughters. The same portion of two-thirds is given when the deceased has only two daughters on the basis of the Sunnah as well as the analogy with the share given to two sisters in the final verse of this sūrah. As for the Sunnah, Abū Dāwūd, al-Tirmidhī and Ibn Mājah relate, on the authority of Jābir, that the widow of Sa`d ibn al-Rabī` came to the Prophet, saying: “Messenger of God, these are the two daughters of Sa`d whose father fell a martyr in the Battle of Uĥud in which he fought with you. Their uncle has taken their money and left them nothing. They cannot hope to get married unless they have money.” The Prophet said: “God will give His judgement in this case.” Then the verse that outlines shares of inheritance was revealed. The Prophet sent a message to their uncle, saying: “Give Sa`d’s two daughters two-thirds and their mother one-eighth and you take the remainder.” This, then, is the Prophet’s judgement which gives two-thirds to two daughters. It shows that when the deceased leaves two or more daughters but no sons behind, his daughters share two-thirds of his property.

Another basis for this portion is the final verse in the sūrah which states the shares of two sisters: “If there are two sisters, they shall both together have two-thirds of whatever he has left.” (Verse 176) It is only reasonable that two daughters have a stronger claim than two sisters to two-thirds of the deceased’s inheritance. Moreover, in the case explained in the last verse of this sūrah, if there is only one sister, she inherits the same share as that given in the present verse to one daughter.

Having completed the offspring’s shares, the verse goes on to explain the shares given to parents who survive any of their children, whether the deceased has children or not: “As for the parents [of the deceased], each of them shall have one-sixth of what he leaves behind, in the event of his having a child; but if he leaves no children, and his parents be his heirs, then his mother shall have one-third; and if he has brothers and sisters, his mother shall have one-sixth.” (Verse 11)

There are, then, different cases and different ways of sharing a parent’s bequest according to every particular situation. The first is when the deceased leaves behind children of his own in addition to his parents. Here, each of his parents inherits one- sixth and the remainder goes to his son, or to his son and daughter or daughters, on the basis of a son having a share equal to that of two daughters. If the deceased has only one daughter, she inherits one-half of her father’s estate, while each of his parents takes one-sixth and the father takes the last one-sixth on the basis of his being the nearest of kin to the deceased. In other words, the father has one portion as an ordained share and another portion for being the nearest of kin, taking what remains after those who are given appointed shares have taken theirs. If the deceased has two or more daughters, they take two-thirds and each of his parents one-sixth.

These are the bounds set by God. Whoever obeys God and His Messenger, him will He admit into gardens through which running waters flow, there to dwell forever. That is the supreme triumph. But whoever disobeys God and His Messenger, and transgresses His bounds, him will He commit to the fire, there to abide forever; and shameful torment awaits him. (Verses 13-14)

These two verses serve as further emphasis to the basic rule of Islam that makes it absolutely clear that the authority to legislate belongs to God alone. Any contravention of this rule constitutes disobedience to God and rejection of Islam altogether. This is re-emphasised in these two verses which describe the shares specified for the distribution of the estate of a deceased person among his or her heirs as bounds set by God. These verses serve as a clear definition of relations within the family and social and economic relations in the society at large. The rulings they give on how the estate of the deceased is to be shared out are final. When they are properly respected and God and His Messenger are obeyed in these legal provisions, the reward is great: it is nothing less than Paradise, forever, which is indeed a supreme triumph. When they are contravened by disobedience to God and His Messenger, the result is an everlasting fire and a shameful torment.

But why is such a great and final destiny dependent on obedience or disobedience in a legal provision that tackles an aspect of secondary importance like the provision of inheritance? This provision speaks only of small details and its reward may appear to be out of proportion with its nature.

Several verses in the sūrah clarify this matter and put it into proper perspective.

These verses explain the meaning of religion, true faith and the limits of Islam. We will attempt, however, to give a brief clarification of this issue considering that the two verses we are discussing today, which come as a comment on the legislation of inheritance, are of vital importance.

The central question posed by Islam, and indeed by all Divine faith ever since God sent His first messenger to mankind, is: to whom does Godhead on earth belong?

and to whom belongs the Lordship of mankind? The answer to both parts of this question makes all the difference not only with regard to faith but to human life altogether.

If the answer is that both Godhead and Lordship in the universe belong to God alone, without associating any partners with Him, then that is the essence of true faith and proper submission to God. That is the religion of Islam. If, on the other hand, the answer is that they belong to God’s partners, with or without Him, then that is idolatry, or total rejection of faith.

When Godhead and Lordship in the universe belong to God alone, all creatures must submit to Him and obey all His commandments. This means that they must follow the system and the constitution He has chosen for them. He alone can make that choice and He alone can legislate for people, giving them the values, standards, and the social systems to establish and maintain. No one else, whether an individual or a group, can share that authority with Him except on the basis of His law and constitution. That authority is the total sum and the practical result of Godhead and Lordship. When it is given to someone else, then submission and obedience are offered to beings other than God. The practical effect of that is the implementation of regulations, laws, values, and standards established by human beings without any reference to God’s Book and authority. In such a situation, there can be no proper faith and no Islam. There can only be transgression and a total denial of the faith.