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Mirath - The Laws of Islamic Inheritance

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F\{imah _________________________________________________________<br />

Consanguine Consanguine Uterine<br />

Grandfather Brother Sister<br />

Brother Sister Brother<br />

Residue* Bereft* Bereft* Bereft Bereft Bereft<br />

¬dam ___________________________________________________________<br />

Grandfather<br />

Residue<br />

Bereft<br />

Bereft<br />

*Note: <strong>The</strong> allotment <strong>of</strong> the grandfather in relationship to the deceased’s<br />

brother is subject to a major debate and will be explained on page 53.<br />

4. Uterine Brother<br />

Great-gandfather<br />

(grandfather’s father)<br />

Great-grandmother<br />

(grandfather’s mother)<br />

“If the man or woman, whose inheritance is in question, is a<br />

kal\lah (one without descendants and male antecedents),<br />

but has left a brother or a sister - from the mother,<br />

each one <strong>of</strong> the two gets a sixth,<br />

but if more than two they share in a third,<br />

after the payment <strong>of</strong> legacies (bequests) and debts;” al-Qur’\n 4:12<br />

<strong>The</strong> word kal\lah has been interpreted as such on the commentary <strong>of</strong><br />

Ab[ Bakr t.<br />

Ibn Kath|r<br />

<strong>The</strong> uterine brother (and sister) <strong>of</strong> the deceased has three separate<br />

allotments depending on the circumstance.<br />

Scenario<br />

No.<br />

1<br />

2<br />

3<br />

Proportion<br />

1/6<br />

1/3<br />

Bereft<br />

Allotment Caused By<br />

Prevailing Allotment<br />

Two or more Uterine<br />

Siblings present<br />

Son, Grandson,<br />

Daughter, Granddaughter,<br />

Father, Grandfather.<br />

25<br />

Additional<br />

Details<br />

This is when only one<br />

is present<br />

Can be uterine<br />

brothers or sisters<br />

-

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