Inheritance must be divided according to the sharee'ah under all circumstances
26-11-2015 | IslamWeb
Question:
Assalaamu alaykum, dear scholar. Allaah Almighty taught us about inheritance in the Quran. Because of the many responsibilities of men and the fact that women do not have such financial burden, daughters would at times receive less. However there is an increasingly common problem faced in many Muslim families at present where the sons have ceased to be dutiful, throwing all responsibilities on their sisters. And yet, at the time of their parents' death, when it is time to divide the inheritance, they expect to grab the larger share. In many such cases, the sisters who have worked hard for their families all their lives, often sacrificing much, end up getting a small share. And after taking the larger share, the brothers still remain undutiful towards their sisters and mother. In case the parents have not previously divided the wealth through a gift, can the sisters in such case ask the court to divide the wealth justly?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ʻalayhi wa sallam, is His slave and Messenger.
The division of the inheritance is set by Allaah, The Lord of the Worlds, as explained in Chapter An-Nisaa’ (no. 4), and He did not assign that duty to any of His slaves. Allaah, The Exalted, says (what means): {Allaah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are (only) daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers (or sisters), for his mother is a sixth, after any bequest he (may have) made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation (imposed) by Allaah. Indeed, Allaah is ever Knowing and Wise.} [Quran 4:11] He also says (what means): {They request from you a (legal) ruling. Say, "Allaah gives you a ruling concerning one having neither descendants nor ascendants (as heirs)." If a man dies, leaving no child but (only) a sister, she will have half of what he left. And he inherits from her if she (dies and) has no child. But if there are two sisters (or more), they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allaah makes clear to you (His law), lest you go astray. And Allaah is Knowing of all things.} [Quran 4:176]
This division is the ultimate justice enjoined by Allaah, Who says (what means): {And the word of your Lord has been fulfilled in truth and in justice. None can alter His words, and He is the Hearing, the Knowing.} [Quran 6:115] Shaykhul-Islam Ibn Taymiyyah 
remarked, “The Quran is truthful in its reports and just in its provisions..”
Justice entails giving each his due share allocated to him by the sharee'ah. Abu Umaamah 
narrated that the Prophet, sallallaahu ʻalayhi wa sallam, said: “Allaah has appointed for everyone who has a right what is due to him, and no bequest is to be made to an heir.” [Ahmad, Abu Daawood and Ibn Maajah]
The fact that men usually shoulder more financial responsibilities compared to women is part of the wisdom behind the division of the inheritance according to the sharee'ah law. However, it does not mean that this is the only reason whose absence entails the cancellation of the ruling. It is incumbent on the Muslim to abide by the prescribed division of the inheritance according to the sharee'ah laws in all circumstances.
As for spending on family members, it differs according to the context. When it is deemed obligatory on a person to provide for his parents, for example, or anyone else, and he refrains from shouldering this obligation despite being financially able to shoulder it, he is sinful whether he is entitled to inherit from him or not. If he is financially unable to shoulder this obligation, then it passes to the following ʻasabah (male blood relatives on the father's side) according to the specific order explained by the jurists in their books and writings when addressing the issue of obligatory spending. The rules applied in inheritance are different from those pertaining to obligatory spending.
Hence, no one is entitled to demand dividing the inheritance in other than the prescribed division set by Allaah, neither through a court of law or any other channel. However, one may demand his right to the obligatory spending if he is entitled to it or request dividing the inheritance quickly and properly as ordained by Allaah, The Exalted. The Muslim is obliged to believe that the ordinances of Allaah are manifestations of His ultimate justice and mercy and that they are compatible and applicable in all places and times because they are decreed by Allaah, The All-Knowing and Acquainted and All-Aware (of everything). He says (what means): {Does He Who created not know, while He is the Subtle, the Acquainted?} [Quran 67:14]
Allaah knows best.