George Sale, The Koran, commonly called the Alcoran of Mohammed, translated into English immediately from the original Arabic; with Explanatory Notes, taken from the most approved Commentators. To which is prefixed A Preliminary Discource (1734)
deceased’s estate is, that a male shall have twice as much as a female 1: but to this rule there are some few exceptions; a man’s parents, for example, and also his brothers and sisters, where they are entitled not to the whole, but a small part of the inheritance, being to have equal shares with one another in the distribution thereof, without making any difference on account of sex 2. The particular proportions, in several cases, distinctly and sufficiently declare the intention of Mohammed; whose decisions expressed in the Korân 3 seem to be pretty equitable, preferring a man’s children first, and then his nearest relations.
If a man dispose of any part of his estate by will, two witnesses, at the least, are required to render the same valid; and such witnesses ought to be of his own tribe, and of the Mohammedan religion, if such can be had 4. Though there be no express law to the contrary, yet the Mohammedan doctors reckon it very wrong for a man to give away any part of his substance from his family, unless it be in legacies for pious uses; and even in that case a man ought not to give all he has in charity, but only a reasonable part in proportion to his substance. On the other hand, though a man make no will, and bequeath nothing for charitable uses, yet the heirs are directed, on the distribution of the estate, if the value will permit, to bestow something on the poor, especially such as are of kin to the deceased, and to the orphans 5.
The first law, however, laid down by Mohammed touching inheritances was not very equitable; for he declared that those who had fled with him from Mecca, and those who had received and assisted him at Medina, should be deemed the nearest of kin, and consequently heirs to one another, preferably to and in exclusion of their relations by blood; nay tho’ a man were a true believer, yet if he had not fled his country for the sake of religion and joined the prophet, he was to be looked on as a stranger 6: but this law continued not long in force, being quickly abrogated 7.
It must be observed that among the Mohammedans the children of their concubines or slaves are esteemed as equally legitimate with those of their legal and ingenuous wives; none being accounted bastards, except such only as are born of common women, and whose fathers are unknown.
