* As LEMU gathers experts to discuss Islamic inheritance sharing procedure
* Quran, Sunnah divine manual for Muslims: Pedro SAN
Renowned Islamic scholar and Proprietor of Daaru-s-Sunnah Islamic Centre, Dr Luqmaan Idris Sekoni has frowned at the delay in sharing of assets and estates to beneficiaries after the demise of a deceased person under the guise that the entitled children are still very young.
He warned against the practice while speaking to the topic: ‘Islamic Inheritance Sharing Procedure’ at the Quarterly Dawah Workshop, organised by the Lekki Muslim Ummah (LEMU) held at Vice Admiral Jubrila Ayinla Multipurpose Hall of the Lekki Central Mosque, Lagos, over the weekend.
The workshop, which was the last quarter of 2024, with the theme: “Will and Inheritance” was chaired by Alhaji Kemi Pinhero, SAN and attended by prominent leading scholars.
Some of the dignitaries are Attorney General and Commissioner for Justice in Lagos State, Alhaji Lawal Pedro; Qadi, Independent Shariah Panel, Ustaz Tirmizee Dairo; Vice-President, Lekki Muslim Ummah, LEMU, Engineer Ibrahim Akiode; former President, LEMU, Dr Kamoru Omotosho, among others.
Dr Sekoni, in his presentation described the excuse given by those who engage in the act as feeble.
According to him, “We delay the sharing of properties unjustly and unnecessarily, with claims that the entitled children are still very young. People holding on those properties failed to realise that the action alone can cost them dearly. It’s the owner of the property that knows how he managed when he was alive, it’s not your out area of expertise. The best thing to do is to share the property instantly. Give a child his share, even if he is one month old.”
He admonished that a guardian be gotten for young children till they are mature enough to look after the asset themselves.
“The only provision in such situation is getting a guardian to manage the property till actual owner is mature enough to handle it.”
He reiterated that in Islamic laws of inheritance, there is need to include a legal inheritor in your wasiyah (will) and the will must not be over one-third (⅓) of the total asset left behind, as the remnant will be shared among inheritors using the Islamic laws of inheritance.
“Making a wasiyah that takes more than ⅓ of the whole asset is a great mistake. Including someone who is legally entitled to your inheritance is also not permissible.”
He added that Islam encourages a Muslim to leave his survivors in prosperity rather than abject poverty and cautioned those who intend to leave their families with nothing but unsettled debts.
“Incurring a debt that will consume everyone after your demise is also inappropriate. You have to leave something behind for your dependents, they should not wallow in poverty after your demise.
“The Prophet (SAW) said to leave your subjects behind in prosperity is better than giving them the hardship in poverty. So, let’s have a mindshift.”
He highlighted the inheritance sharing formulas in Islam as ½, ⅓, ¼, ⅙, ⅛, ⅔ for those who are legally entitled to inheritance.
Estate, an unresolved raucous in many homes: Imam Lekki
The Chief Imam, Lekki Central Mosque, Dr Ridwan Jamiu in his presentation titled: “Estate Planning and Administration in Islam” recounted how estate and properties have become subject of unresolved raucous in many families and brought about tiring litigations.
He noted that estate is a futuristic and safety cause that should not be undermined.
According to him, “Estate planning applies in wealth allocation and transfer. Estate planning is a means of ensuring that in the event of incapacity or death, all the legal rights of a person and of the parties related to him are protected. In other words, estate planning involves determining how an individual’s assets will be preserved, managed, and distributed after death or in the event they become incapacitated.
He identified the five tools of estate planning as Mīrāth (Succession), Waṣiyyah (wills and bequests), Waqf (endowments), Hibah (gift), Takᾱful (Sharia-compliant Insurance).
He added that the benefits of Estate Planning are reduced risk of disputes and litigation, facilitating informed decisions, protection of wealth and provision for funeral directives among others.
Quran, Sunnah remain divine manual for every Muslim to follow: Pedro SAN
Attorney General and Lagos State Commissioner for Justice, Alhaji Lawal Pedro, SAN, in his goodwill message asserted that Qur’an and Sunnah of Prophet Muhammad (SAW) remains an invaluable asset to the Ummah, as they contribute meaningfully to every aspect of human life inheritance.
He said: “Since its revelation, the Quran has continued to be contemporaneous with human evolution despite the several transformation the human race has experienced. As far as inheritance is concerned, Allah in His Infinite Mercy, designs Islam through the Noble Quran and Sunnah of the Prophet, SAW, as a manual for every Muslim to follow.”
Emphasizing on the need for moderacy, he added, “However one this topic, there are preliminary rights on the property of a deceased Muslim.
“According to the principle of Islamic law, the expenses incurred in shrouding and burial of a Muslim deceased should be the first thing to be paid out of the property left behind. It should be done in accordance to Shariah, avoiding the extreme of extravagant or stinginess. There must be moderation.
“Allah has made provision for the distribution of wealth or assets of a deceased person. That has already been firmly established. That’s why you can’t see where a Muslim dies, and you’re applying for letter of administration on his wealth because part of his assets has already been distributed by Allah even before he passed away.
“Distribution of wealth is already settled and to let people know that you can also make a will under Islamic law, which is limited to 1/3 of your assets. You can give it as charity, donate to anyone in need, you can do Waqf from it. But the 2/3 has been distributed by Allah among the deceased beneficiaries including the children, parents, siblings.”
He stressed the essence of Shariah and adherence and urged Nigerians to learn more about it, as it makes life easier for everyone.
He said: “I call on Nigerians Muslims and non-Muslims to educate themselves about Islam and the benefits in Shariah. If majority of people have been. Implementing it, there will be less hunger in the land. In fact, the Europeans are now doing what we call non-interest banking which comes from the Shariah. Common law cannot do banking without collecting interest whereas it’s Haram in Shariah to collect interest. That’s why today, people are now doing non interest banking.”
He mentioned that there is an existing Shariah Court in Lagos, but there is need for more in a bid to make adjudication easy and seamless.
Discussion on inheritance misconceived by many: Vice President
The Vice President, Lekki Muslim Ummah, Engr Ibrahim Akiode, in his Welcome Address noted that a discourse on will and inheritance becomes pertinent among Muslims as the subject has been misconceived by many over time and it affects us in this world and in the hereafter.
He said: “Today, we gather to discuss a matter of great importance, one that touches the very fabric of our faith and our responsibilities as Muslims — the concept of will and inheritance in Islam.The significance of this topic is underscored by the fact that it is not merely a matter of worldly concern, but one that directly impacts our standing before Allah (SWT) and our ultimate fate in the Hereafter.
“Islam, in its divine wisdom, has laid down comprehensive guidelines for every aspect of our lives, including how we handle our wealth after death. The Quran and the Sunnah provide clear instructions on the distribution of inheritance, ensuring justice, fairness, and the protection of rights for all, especially for those who are often overlooked in other systems, such as women and orphans”, he added.
