Mirath - The Laws of Islamic Inheritance

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CONTENTS Preface ......................................................................................... 3 The Isl\mic Concept Of Inheritance ................................................ 5 Procedures After Death .................................................................. 6 Shrouding And Burial ..................................................................... 7 Repayment Of Debts ..................................................................... 8 Wa]iyyah (Bequest) ........................................................................ 9 The Order In Which Inheritance Is Distributed .............................. 11 Causes Of Deprivation ................................................................. 13 M|r\th ......................................................................................... 16 Introduction To Terminologies Used .............................................. 16 The Inheritance Of The Dhawil Fur[} ............................................20 Why Does The Female Get Only Half? ...........................................47 The `A]ab\t - Residuary Heirs ....................................................... 48 The Method Of Putting The Proportions Together .......................... 54 Key To Symbols Used To Represent Terms ......................................55 `Awl (Reconciling Proportions) ..................................................... 57 It Doesn't Add Up - A Misconception Answered ............................. 59 Ta]#|# - Making The Numbers Add Up .......................................... 61 Radd - Returning The Unclaimed .................................................. 69 Making The Allotments Match The Estate ...................................... 73 %ul# (Agreements) ........................................................................ 75 Dhawil Ar#\m (Other Blood Relations) ......................................... 76 Miscellaneous Issues .................................................................... 78 The Rights Of The Unborn Child ................................................... 78 Hermaphrodites/androgynes ....................................................... 80 Mafq[d - A Missing Person ............................................................ 80 Apostasy / Blasphemy and Captives ............................................... 82 Multiple Simultaneous Deaths ...................................................... 83 Inheritance Table ......................................................................... 86 Making A Will .............................................................................. 88 Glossary ...................................................................................... 93 2
PREFACE All\h has through his infinite mercy perfected and completed His chosen religion for mankind. He has outlined what He wants from us not only in our lives, but also after our deaths. Whatever remains of our material legacy also has Divine laws regulating it. All\h has made a law of inheritance that is applied in all situations between Muslims. The system implemented by Isl\m is different from many eastern cultures, which dictate that if the deceased’s male children come of age then they receive everything, if they are not present (or are not of age) then the deceased’s brothers take everything. This does not accommodate women or anyone else from amongst the relatives e.g. the parents etc. In the UK, the law in some areas is very similar to Isl\mic law. However there are major differences that need to be understood by all. An overview of these similarities and differences, are now mentioned. 1. First and foremost in both laws, is to make sure that all funeral expenses (both stipulate that no extravagance should be adopted) are paid for from the estate. 2. Thereafter all the debts must be cleared. This too is mutually endorsed. If it is unclear that the deceased had debts to pay, UK Law stipulates a procedure, similar to Isl\mic law, but with an additional necessary provision. This is, that the deceased’s demise should be announced in the ‘London Gazette’ and a local paper by the will’s administrator. This must be done for two months and then a further two months waiting period should be spent before the will is executed. 3. Thereafter, from the remainder of the estate the bequests are given. The major difference between UK law and Isl\mic law is that 3
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Page 5 and 6: THE ISL¬MIC CONCEPT OF INHERITANCE
Page 7 and 8: SHROUDING AND BURIAL Isl\m stipulat
Page 9 and 10: If there are numerous debts which i
Page 11 and 12: Some may argue saying that the dece
Page 13 and 14: 9. Isl\mic treasury - In a Muslim c
Page 15 and 16: d) Jar| Majr\ Kha{a’ - This is wh
Page 17 and 18: downwards). (The right to inherit o
Page 19 and 20: Note: If the deceased’s father re
Page 21 and 22: 6. Consanguine Sister 7. Daughter 8
Page 23 and 24: F\{imah ___________________________
Page 25 and 26: F\{imah ___________________________
Page 27 and 28: Scenario No. 1 Proportion 1/4 Allot
Page 29 and 30: Affected Heirs All Grandmothers All
Page 31 and 32: Scenario No. 1 2 3 Proportion 1/6 1
Page 33 and 34: F\{imah ___________________________
Page 35 and 36: 6 7 Bereft Bereft Two sisters or on
Page 37 and 38: Affected Heirs Father Allotments Ch
Page 39 and 40: F\{imah ___________________________
Page 41 and 42: Scenario No. 1 2 Proportion Residue
Page 43 and 44: ¬dam _____________________________
Page 45 and 46: ¬dam _____________________________
Page 47 and 48: Affected Heirs Allotments Changed T
Page 49 and 50: counterparts or when a sister or co
Page 51 and 52: Note: In the details of the father,
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Grandfather vs Brothers The appropr
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KEY TO SYMBOLS USED TO REPRESENT TE
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If the number of allotments does no
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Note: If the original sum is not 2,
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epresentations in the Qur’\n. The
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are. If there is a problem, then th
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Of the four situations between the
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e multiplied into the Wifq of the t
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Note: As mentioned previously, the
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12 12 24 2 ¬dam __________________
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If Ta]#|# has to be performed, then
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%UL* - AGREEMENTS OR COMPROMISES If
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2. The near exclude the remote (wit
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and the heirs allotments were to be
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death then it is possible that he m
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MULTIPLE SIMULTANEOUS DEATHS Multip
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3 Zaid ____________________________
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Heirs who affect the inheritor’s
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For a person's will to be legally v
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exempt from inheritance tax. One mu
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GLOSSARY Allotments The amount of d
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clothing, and shelter. (During the
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Mirath - The Laws of Islamic Inheritance

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