Question & Answer
What is the concept of hibba? rights of womans inheritance?

What is the concept of hibba in islam?If hibba is jaaez in islam then what about the women rights regarding viraasat in in islam?i mean mostly people deny to give viraasat share to their sisters by making hibba whole property to their sons.Their excuse for hibba is that they have educated their daughters and given few lakhs in dowry so their property share has been excluded in this way. My mind doesnt accept such injustice and i want to know the detailed difference and authenticity of both hibba and virasit in the light of quran and hadees?

Answer:



بسم الله الرحمن الرحيم

We begin with Allah’s blessed name, we praise him and we glorify him, seek his forgiveness and ask him to guide us. Whoever Allah guides, None can lead astray and whoever he misguides, None can guide. There is no power and no strength except from Allah, The most high, the Most great, the most powerful. We bear witness that there is no one worthy of worship but Allah Alone, and we bear witness that Prophet Muhammad (pbuh) is His slave-servant and the seal of His Messengers. We pray for peace and blessings on all the noble messengers and in particular on the last of them all “the blessed prophet Mohammad (pbuh)”

'Hibba' means a gift in its simplest translation, I,e donor gives the thing completely to the beneficiary and becomes disconnected from it and it is permitted with some conditions.

women rights regarding viraasat in in islam.

Islam grants women the right to inherit from their parents or relatives and specifies an obligatory share for them.

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.} [Quran 4:7]

This verse contains five legal regulations about inheritance. First, that not only men but the women also have a share in the inheritance. Second, that it must be divided among all heirs, however little or insignificant it is; so much so that even if the deceased has left one yard of cloth and there are ten heirs, it must also be cut into ten parts. However, an heir may buy the shares of others by mutual consent. Third, that the verse also implies that this law applies to all sorts of property, transferable or non-transferable, agricultural or industrial, or of any other type. Fourth, the right of inheritance becomes valid only when the deceased leaves some property behind him. Fifth, that when the nearest relatives are alive the distant relatives have no right in the inheritance.

Allah Says in the Glorious Quran: 11: Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.
12: In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone).Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.
13: Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.
14: But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment. Quran [4:11-14]

I mean mostly people deny to give viraasat share to their sisters by making hibba whole property to their sons.Their excuse for hibba is that they have educated their daughters and given few lakhs in dowry so their property share has been excluded in this way. My mind doesnt accept such injustice and i want to know the detailed difference and authenticity of both hibba and virasit in the light of quran and hadees? (396)

Dear sister, it is absolutely prohibited in Islam to deprive one’s own children of the right of inheriting property from those they are entitled to inherit.

With regard to giving a gift to one of one child and not to the others for no shar’i reason, this is total injustice and absolutely haraam.

related to us from Malik from Ibn Shihab from Humayd ibn Abd ar-Rah man ibn Awf and from Muhammad ibn an-Numan ibn Bashir that they related to him that an-Numan ibn Bashir said that his father Bashir brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, "I have given this son of mine one of my slaves." The Messenger of Allah, may Allah bless him and grant him peace, said, "Have you given each of your children the same as this?" He said, "No." The Messenger of Allah, may Allah bless him and grant him peace, said, "Then take the slave back." Muwatta Malik [ Book 36, Hadith 39]

Thus according to the above guidance of the messenger of Allah (pbuh) one should never deprive one's child of the right of inheritance.

Dear sister, your father has done absolutely injustice with you, he should repent and should mend his decision. But if he is ignorant then you should enlighten him with truth, but if after having knowledge he is doing such an injustice then Allah says in the Glorious Quran

But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment. Quran [4:14] And Allah alone knows the best.

I ask Allah to make this a sincere effort, seeking his pleasure, and I ask him to grant us refuge in him from the evils within ourselves, and that in our deeds. I ask him to grant us success in achieving whatever pleases him; And May Allah Shower His blessings and mercy upon our beloved Prophet Muhammad (pbuh), his family and his Companions and on all those who follow him until the final hour.

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