Mirath - The Laws of Islamic Inheritance

9. Isl\mic treasury - In a Muslim country the estate of a person
who has no inheritors will be placed in the treasury for the use
of the needy. Due to this option not being present, an executor
of the estate may place the money in the care of a reputable
charity with Shar|`ah compliant objectives.
10. Radd `Al\ Zawjayn - This is when the Isl\mic treasury is not
available and the deceased has absolutely no relatives besides
his/her spouse, who become residuary heirs. Some have
placed this above the Isl\mic treasury’s equivalent in the order.
From these, the fields that are most applicable are, Dhawil Fur[},
`A]abah, Radd, and (rarely) Dhawil Ar#\m. The order of the first two is
intertwined, as some of the Dhawil Fur[} become `A]abah and many
of the `A]abah outrank some of the Dhawil Fur[}. Radd, is a manner
of keeping the estate within the Dhawil Fur[}.
CAUSES OF DEPRIVATION
There are factors which cause relatives of the deceased who would
ordinarily inherit, to become deprived from receiving anything from
the deceased’s wealth. These situations are:
1. Riqq. (This no longer applies.) This is when a person is a slave. This
follows the principle that a slave’s wealth is his master’s and thus
because he does not have the capacity to possess anything material, he
cannot be made owner of inheritance and thus will be deprived of
getting it, because it will go to his master, who is not related to the
deceased. One must also remember that if slaves could inherit, and
their money would be the possession of their masters, in this manner
inheritance would not be promoting the emancipation of slaves, as
more people would keep slaves hoping that whatever they would
inherit would also become theirs. Historically, Isl\m did not want this
but taught of the benefits of emancipating slaves.
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