Abdullah ibn Abbas (RA) reported that the Prophet Muhammad (SAW) said, "Give the Faraidh (the shares of the inheritance that are prescribed in the Quran) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased." (Sahih al-Bukhari)
Prophet (SAW) said, "A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim." (Sahih al-Bukhari).
The Prophet SAW said: "No will may be made in favor of an heir."
Allah's Messenger (SAW) said, "One who kills a man cannot inherit from him." (Tirmidhi and Ibn Majah)
The Prophet has warned; "I am only a human being and you put your disputes to me. Some of you may have a stronger argument than that of his brother. If I give him something which belongs by right to his brother, I am only giving him a brand of fire which he may take or leave."
The Principles and Liabilities in Inheritance Distribution
Inheritance in Islam will not take place unless the reasons for the inheritance and the three pillars coincide which include al-muwarrith, al-warith and al-mauruth. Al-Muwarrith is when a benefactor dies, whether genuinely, taqdiri or hukmi. Al-Waarith is a beneficiary who will receive an inheritance and is required to be alive during the demise of the benefactor, whether genuinely, hukmi or taqdiri. While al-Mauruth refers to the inheritance wealth owned by the benefactor, be it liquid or solid wealth and all rights associated with the wealth.
Islamic Inheritance Law determines four reasons for inheritance; those are consanguinity (nasab), marriage, walaa and Islam (Baitulmal). The distribution of inheritance will not occur unless the following conditions are met in full:
i)The benefactor had died either genuinely, Hukmi or taqdiri.
ii)All beneficiaries must exist or alive, either genuinely or taqdiri, at the time of the benefactor‟s demise.
iii)Aware of the status and rightful shares for the beneficiaries, and there is no inheritance obstruction, such as murder, slavery and differences in religion.
Duties Which Need To Be Performed In the Estate
The inheritance is subject to a few liabilities that must be fulfilled by the beneficiaries before it can be apportioned according to faraidh distribution. The liabilities must be fulfilled in the order of the following priorities:
1. payment of funeral expenses
2. payment of debts
3. execution of the will
4. distribution of remaining estate amongst the heirs according to Sharia.