Is the obligatory bequest (al-wasiyyah al-wajiba) in the inheritance system of some countries based on Islamic law, and is the money acquired through it permissible (halal)?

Some Muslim countries implement the law of "Compulsory Bequest" (al-Wasiyyah al-Wajibah), which allocates a portion of the inheritance to grandchildren under specific conditions. Scholars have differed regarding the Quranic verse upon which this law is based. The majority of scholars hold that it has been abrogated, while others believe it has not been abrogated but rather specified the bequest for non-heirs.

This legal bequest is criticized for several reasons: 1. In reality, it is considered an "inheritance" and not a bequest, which contradicts the division of inheritances in Islamic Sharia. 2. It contradicts the Quranic verse cited as its basis in three ways: it is not restricted to "خير" (khayr - abundant wealth), it is limited to grandchildren rather than all relatives, and the verse does not specify a particular amount for the bequest. 3. It does not stipulate poverty for grandchildren, even though the primary reason for its legislation is to address the poverty of grandchildren. 4. It restricts the bequest to grandchildren, excluding other non-inheriting relatives who might be in greater need. 5. It leads to discrepancies in the distribution of shares, where a non-heir might receive more than an heir.

The poverty of grandchildren can be addressed through legitimate Sharia-compliant means, including: urging the wealthy to make bequests to their poor relatives, or wealthy heirs giving a portion of the money to poor grandchildren or relatives as charity and a way of upholding kinship ties.

Taking money through this bequest is unlawful (haram) because it constitutes consuming wealth illicitly, which is not permissible in Islam.