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Mirath - The Laws of Islamic Inheritance

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Note: If the deceased’s father refuses parentage <strong>of</strong> a sibling then<br />

uterine relationship will be established.<br />

Matrimonial<br />

Husband: <strong>The</strong> female deceased’s male spouse, who was still married<br />

to the deceased at the time <strong>of</strong> her death.<br />

Wife: <strong>The</strong> male deceased’s female spouse, who was still married to the<br />

deceased at the time <strong>of</strong> his death or was in her waiting period.<br />

Note: <strong>The</strong> ex-wife <strong>of</strong> the deceased who was in her waiting period (<strong>of</strong><br />

three menstrual cycles) at the time <strong>of</strong> her husband’s death will inherit<br />

from him if he died, but he will not inherit from her in the instance that<br />

she had died in her waiting period. One may say that upon the<br />

termination <strong>of</strong> the marriage neither spouse are related to the other and<br />

thus neither should inherit from the other. This shift in the wife’s favour<br />

is because her marriage is not completely terminated until the end <strong>of</strong><br />

her waiting period and until that time she has full access to<br />

maintenance benefits also.<br />

Proportions<br />

<strong>The</strong>re are six portions that have been mentioned in the Qur’\n. <strong>The</strong>se<br />

make the numbers with which the estate is divided. <strong>The</strong>se are:<br />

Two-thirds (2/3),<br />

One third (1/3),<br />

One sixth (1/6);<br />

One half (1/2),<br />

One quarter (1/4),<br />

One eighth (1/8).<br />

Note: At times, the strength <strong>of</strong> the relationship <strong>of</strong> some heirs prevent<br />

others from inheriting. <strong>The</strong>ir names and relationships will still be noted<br />

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