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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