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MISC016E: Faraid - A Command from Allah

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MAJLIS UGAMA ISLAM SINGAPURA
FRIDAY SERMON
6 JULY 2001 M / 14 RABIUL AKHIR 1422 H

Faraid : A Command from Allah












Maasyiral Muslimin rahimakumullah, 

On this Friday full of blessings, let us all heighten our taqwa and faith in Allah s.w.t. by carrying out all His commandments and rulings. We should strive to leave what He has forbidden and prohibited.

With this consciousness and deep faith, may Allah s.w.t. bless us with long life that is peaceful, both in this world and the hereafter, amin yaa rabbal alamin.

My brothers,

Islam enforces its followers to always be just and fair in carrying out their duties and in whatever that have been entrusted to them. Whatever decision that is made will only be said to be just, if it is according to the the law of Allah s.w.t., and that is the Al-Quran and the Sunnah of Prophet Muhammad s.a.w.

This is stated by Allah s.w.t in surah An-Nisaa verse 59 :

 

It means: “O you who believe! Obey Allah and obey the Messenger (Muhammad s.a.w.), and those of you (Muslims) who are in authority. And if you differ in anything amongst yourselves, refer it to Allah and His Messenger s.a.w., if you believe in Allah and in the Last Day. That is better and more suitable for final determination.”

My brothers,

The above verse clearly explained to all of us what we should do when faced with whatever hardship in life, particularly in matters involving human relationship, be it with those who are alive or dead. We have been commanded to always be just, and to observe all the commandments of Allah s.w.t. that are duty-bound upon us.

This has again been stated by Allah s.w.t. in surah An Nisaa verse 58 :

 

It means: “Verily! Allah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice. Verily, how excellent is the teaching which He (Allah) gives you! Truly , Allah is Ever Hearer, All Seer.”

My brothers,

Likewise in the distribution of wealth among the heirs. Islam has stipulated, and determined a just method in the distribution of wealth. There is no other method that is more just other what has been stipulated by Allah s.w.t. There are many arguments highlighting that inherited wealth should be distributed according to the Law of Faraid.

The Law of Faraid has been stipulated by Allah s.w.t more than 1400 years ago. It is relevant at that time and continues to be relevant till today. If we were to study history on how inherited wealth were distributed before the coming of Islam, we will find that only those who are strong and in authority had the right to inherit such wealth. Those who were weak, like the women folk and children, they had no rights to inherit such wealth.

However, with the coming of Islam, the status of woman and those who are weak are raised to the same level as those who are strong and in authority. They too have the right to inherit and get their share, as determined in the Law of Faraid. This is stated by Allah s.w.t in surah An-Nisaa verse 11: 



 

It means: “Allah s.w.t. commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females.”

My brothers,

Living in this developed country of ours, where the majority of us owned an HDB apartment or a private property, there are usually two or more names recorded as owners of the property. Should there be any kind of misfortune or the death of one of the owners of the property, then it is the responsibility of the remaining owner(s) to distribute the said inherited wealth, in this case a house according to the Law of Faraid.

In order to ensure the heirs to the property can distrbute the inherited wealth as just as possible, we are encourage to refer to the Syariah Court on the distribution of the wealth. Only the Syariah Court has the right to issue the certificate of distribution on inherited wealth to the heirs. The Syariah Court has also set up the Faraid webpage for those who wish to know in detail on how to distribute inherited wealth. For those heirs who have conflict in the distribution of the inherited wealth, they should refer their disagreement to Muis Fatwa Committee, seeking advice and solution that is just as far as possible.

My brothers,

Another thing that should be observed by the heirs before the inherited wealth is distributed, they should consider the rights of the religon upon such wealth. For example, the giving out of zakat, kaffarah on fasting or oath taken by the deceased, debts that have not been settled, performing Hajj, what the deceased has written in his will, funeral cost and others.

If all these have been taken care of, only then the heirs have the right to inherit whatever is left of the said wealth. Such wealth includes the CPF money, shares or valuables that are left behind by the deceased. If the deceased has left behind a will, such will is not valid according to Islamic law. The inherited wealth has to be distributed according to the Law of Faraid.

My brothers,

The Law of Faraid is part of Allah s.w.t. commandments, which is obliged upon all of us. We are obliged to observe and carry out this law. We do not want to take or spend wealth that does not belong to us. It is a sin to do so and it is an action that is condemned by Allah s.w.t . Allah s.w.t has stated in surah Al Baqarah verse 188: 






It means: “And do not eat up one another’s property unjustly (in any illegal way e.g. stealing, robbing, deceiving, etc), nor give bribery to the rulers (judges before presenting your cases) that you may knowingly eat up a part of the property of others sinfully.”

May Allah s.w.t always give us His guidance, assistance and enlightenment in our search for His pleasure. And may all the wealth and rezki that we owned, those that we use to meet our daily needs, be it for our own selves or for our families, may they always be pure (clean) and not from sources that are forbidden or suybhah. May we be able to use our wealth in the ways that will gain Allah s.w.t. pleasure amin yaa rabbal aalamin.



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