Another case of how the Sharia
courts are abusing God's law in the Quran

The following event took place in an Islamic country which enforces Sharia law. The Sharia law consistently violates the law of God in the Quran and is a disgrace to those who enforce such archaic laws.

A Muslim man left 50% of his estate to his daughter in his will. This was disputed in a
Sharia Court by her two brothers who filed an application to have the will invalidated. They claimed that the will was unlawful as per the Islamic law in the Quran. The Sharia Court upheld their claim and invalidated the deceased's will. A court order was issued for the estate to be distributed according to the proportions outlined in the Quran. The estate was thus paid out giving the daughter only half of what each brother received. The will of the father was totally ignored.
The immediate question is whether the verdict issue by such Sharia Court was in accordance with God's law in the Quran as was claimed or not! What exactly does the Quran say about this matter?

1- All the Quranic verses which outline the distribution of inheritance, such as the son receiving double what the daughter gets, or the mother receiving one sixth and so on, they all say
"after a will or debt". This clearly means that a will and all debts must be paid in full before any other money is distributed. Examples are given in 4:11 and 4:12.

2- In 2:180 God commands all believers to write a will equitably when they feel death near:

It is decreed upon you if any of you feels death approaching, should he leave anything of value, a will should be written equitably for the parents and the close ones. This is a decreed obligation on the reverent. 2:180

The Immediate observation is that the words in 2:180 do not place any restrictions for the proportions which the believer can leave in his/her will, nor is there such a restriction anywhere else in the Quran.
God is not forgetful nor does God make mistakes! If God never placed restrictions on the proportion (of the estate) which can be left in a will then this can have only one meaning; there is none! God left it up to each individual to write a will in whatever part of his/her estate that he wishes. It also means that whatever is specified in a will must be respected and must be paid (along with the debts) before any other money is distributed (4:11-12).
There are three distinct instructions given in 2:180 related to the writing of the will:

1- A will must be written by all who feel death near (if they have not written one already).

2- The will should be written to the benefit of the parents and the close ones.

3- The will should be written equitably, this means that the person writing the will should write it fairly, taking into account the individual needs of the beneficiaries. As an example, if a man has a son who is quite well off, and also a daughter who is struggling to make ends meet, then by virtue of God's law in 2:180 the father is able to leave for his daughter more than he leaves for his son.

The rules of inheritance given in the Quran, such as the son receiving double the daughter, or the mother one sixth, and so on, are general rules for inheritance. They are to be applied only after a will and debts are paid. God knows that these rules will not fit the individual circumstances and needs of every family on earth, and thus God gave us the tool to fine tune the inheritance to be in line with the financial circumstances and needs of our family members and close ones. The tool given to us by God to achieve this aim is the writing of a will. God regards this issue very important. This is confirmed in the following:

1- The verses which outline the inheritance proportions say:
"after a will or debt", which means that the will and debts take priority and are paid out before any other distribution is made.

2- God states in 2:180 that the writing of a will is not a voluntary matter, but is obligaatory on all believers. This is evident from the words:
"This is a decreed obligation on the reverent."

3- If God wanted every estate to be divided according to the Quranic rules (son double daughter, etc) then God would not have commanded us to write a will. Nor would God would make it a condition for the will and debts to be paid first.

The kamjority of Muslim scholars and preachers in Muslim countries have sadly deserted the Quran a long time ago!
The court which issued such a corrupt verdict will invariably have a hadith or fatwa to stand on, but they will never have any Quranic evidence.
In one hadith, it is alleged that the prophet instructed that no one should leave in his will more than one third of his estate! Needless to say, the prophet of God would never issue laws that are not authorised by God. Prophet Muhammad, who was blessed with the delivery of the Holy Quran, must have been all too aware of the following words:

Or do they
have 'shurakaa' (partners) who legislate for them of the religion what God did not authorise? If it were not for a decisive Word, judgement would have already been passed over them. Indeed, the transgressors shall have a painful punishment. 42:21

The word "shurakaa" used in 42:21 is very significant, it confirms that whoever issues laws that are not authorised by God in the Quran are committing 'shirk' (associating partners with God). Shirk is the only unforgivable sin (4:48).

In addition, all who believe such lies against the prophet are in fact painting the righteous prophet of God, who was commanded clearly to follow nothing other than what was revealed to him in the Quran (46:9), as someone who ignored God’s reprimand in 66:1 and went on issuing laws which violate the Quran.

"Say (O Muhammad), "I am not a novelty among the messengers. nor do I know what will happen to me or to you. I follow nothing other than what is revealed to me (Quran). I am no more than a clear warner." 46:9