Mirath - The Laws of Islamic Inheritance

Some may argue saying that the deceased should have full right in
what he does with his wealth. Isl\m allows and accommodates this
view and says that, yes, he is at liberty to do whatever he wishes with
his money, as long as it remains his money. Isl\m says that a dead man
has no ownership of anything. As long as he spends it in his lifetime
Isl\m does not intervene in who he gives it to. Upon his death, Isl\m
intervenes in stopping the wealth becoming ownerless, and due to
Isl\m’s strong stance on the upkeep of family roles and responsibilities,
it acknowledges the needs of the dependants, regardless of whether or
not they liked each other.
2. The bequest cannot be given to an inheriting heir to increase
his/her share. This is because it is unfair on other heirs. If one wanted to
express gratitude to any one family member over others, then
provided that the cause and method of giving is legitimate then they
should do it within their lifetime not after it.
3. The bequest can only be for something permitted by Shar|`ah. If a
bequest is made for some thing that goes against the teachings of the
Shar|`ah, then it will be ignored and if no other legitimate bequests (of
a third of the entire estate) are made then that amount will be returned
to the estate to be distributed amongst the heirs.
THE ORDER IN WHICH INHERITANCE IS DISTRIBUTED
When the wealth has passed the first three procedures, it is to be
distributed amongst the heirs. The heirs are of different categories and
thus an order must be followed to ensure that none of the rightful
claimants are left out. This order is as follows:
1. Dhawil Fur[} - These are the immediate family members who
inherit set proportions as outlined in the Qur’\n and Sunnah.
2. Relative `A]abah - Residuary heirs, who are strongly related to
11