Mirath - The Laws of Islamic Inheritance

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6. Consanguine Sister “If it is a man that dies, having no child but leaving a sister, she shall have half the inheritance... ...If there are two sisters, they shall have two thirds of the inheritance (between them); If there are brothers and sister (they share), the male having twice the share of the female,” al-Qur`\n 4:176 The consanguine sister of the deceased has seven separate allotments depending on the circumstance. The consanguine sister’s situation is by and large based on the proofs used to determine the allotments of the sister. Further to that, through the usage of the principle that the more strongly related (due to having more ties) excludes the lesser, the remaining situations can also be understood. This is corroborated by what can be learnt from the following *ad|th (even though it mentions brother; it is, with limitations, applicable to the sisters as well): “A person will inherit from his full brother but not from his consanguine brother (i.e. if he has a full brother).” at-Tirmidh|, A#mad Scenario No. 1 2 3 4 5 Proportion 1/2 2/3 Shared Residue Residue 1/6 Allotment Caused By Additional Details Prevailing Allotment This is when only one is present If two or more are present then they will share - The female will get If consanguine brother is one part and the male present they will share residue will get two parts. Daughter, Granddaughter Female offspring make sisters residuary heirs One Sister Provided sister is not a residuary heir 34
6 7 Bereft Bereft Two sisters or one sister who is a residuary heir Son, Grandson, Father, Grandfather, Brother F\{imah _________________________________________________________ Consanguine Sister Uterine Brother Uterine Sister 1/2 1/3 F\{imah _________________________________________________________ Consanguine Sister Consanguine Sister 2/3 Uterine Brother Uterine Sister 1/3 F\{imah _________________________________________________________ Consanguine Sister Consanguine Brother Shared Residue 1 2 F\{imah _________________________________________________________ Consanguine Sister Daughter Residue 1/2 F\{imah _________________________________________________________ Sister Consanguine Sister 1/2 1/6 F\{imah _________________________________________________________ Sister Sister Consanguine Sister 2/3 Bereft F\{imah _________________________________________________________ Consanguine Sister Bereft Son Father Brother Residue 1/6 Bereft - - Affected Heirs Mother Allotments Changed To 1/6 If there are two or more siblings F\{imah _________________________________________________________ Consanguine Sister 1/2 Uterine Sister 1/6 35 Mother 1/6
Page 1 and 2: F F F F F F F F F F F F F F F £ S
Page 3 and 4: PREFACE All\h has through his infin
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: F\{imah ___________________________
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,
Page 53 and 54: Grandfather vs Brothers The appropr
Page 55 and 56: KEY TO SYMBOLS USED TO REPRESENT TE
Page 57 and 58: If the number of allotments does no
Page 59 and 60: Note: If the original sum is not 2,
Page 61 and 62: epresentations in the Qur’\n. The
Page 63 and 64: are. If there is a problem, then th
Page 65 and 66: Of the four situations between the
Page 67 and 68: e multiplied into the Wifq of the t
Page 69 and 70: Note: As mentioned previously, the
Page 71 and 72: 12 12 24 2 ¬dam __________________
Page 73 and 74: If Ta]#|# has to be performed, then
Page 75 and 76: %UL* - AGREEMENTS OR COMPROMISES If
Page 77 and 78: 2. The near exclude the remote (wit
Page 79 and 80: and the heirs allotments were to be
Page 81 and 82: death then it is possible that he m
Page 83 and 84: MULTIPLE SIMULTANEOUS DEATHS Multip
Page 85 and 86:
3 Zaid ____________________________
Page 87 and 88:
Heirs who affect the inheritor’s
Page 89 and 90:
For a person's will to be legally v
Page 91 and 92:
exempt from inheritance tax. One mu
Page 93 and 94:
GLOSSARY Allotments The amount of d
Page 95 and 96:
clothing, and shelter. (During the
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Mirath - The Laws of Islamic Inheritance

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