18.06.2017 Views

Mirath - The Laws of Islamic Inheritance

http://www.islamicglobe.com/

http://www.islamicglobe.com/

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Affected Heirs<br />

All Grandmothers<br />

Allotments Changed To<br />

Bereft (even if only getting<br />

1/6 herself)<br />

¬dam ___________________________________________________________<br />

Mother<br />

1/6<br />

Grandmother<br />

(mother’s mother)<br />

Bereft<br />

Grandmother<br />

(father’s mother)<br />

Bereft<br />

Son<br />

Residue<br />

3. Grandmother<br />

A grandmother came to Ab[ Bakr t and asked about what she may get<br />

from her grandchild’s inheritance t. Abu Bakr said, “I do not see<br />

anything for you in the Qur’\n nor the Sunnah. Come back later.” Ab[<br />

Bakr t then asked around to see if anyone knew more on this point.<br />

Mugh|rah ibn Shu`bah t responded by saying he was present when<br />

the Messenger r gave her (i.e. a grandmother) one sixth. Ab[ Bakr t<br />

asked if anyone could consolidate this, to which Mu#\mmad ibn<br />

Salamah t replied that he was also present to witness this. Ab[ Bakr t<br />

applied this rule. Later, `Umar t was presented with a similar situation<br />

to which he responded, “This is that sixth, if there are more than one<br />

(grandmothers) gathered all will inherit from this one portion. If any<br />

one <strong>of</strong> you is closest then it is for her.” at-Tirmidh|, A#mad, M\lik, Ab[ D\w[d<br />

<strong>The</strong> grandmother <strong>of</strong> the deceased has two separate allotments<br />

depending on the circumstance. Her status <strong>of</strong> inheriting is mentioned<br />

above, and her causes <strong>of</strong> being bereft are subject to the general<br />

principles <strong>of</strong> inheritance (i.e. the near cause the remote to be bereft -<br />

which has been highlighted by `Umar’s t statement above - and that<br />

the link excludes the linked).<br />

29

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!