Mirath - The Laws of Islamic Inheritance

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F\{imah _________________________________________________________ Granddaughter Granddaughter Sister 2/3 Residuary F\{imah _________________________________________________________ Granddaughter Uterine Brother Uterine Sister 1/2 Bereft F\{imah _________________________________________________________ Granddaughter Husband 1/2 1/4 ¬dam ___________________________________________________________ Granddaughter Wife 1/2 1/8 Some Important Notes The details of the son, grandson, brother and consanguine brother have not been mentioned. This is because they do not have specific allotments as prescribed by the Qur’\n, but they are residuary heirs. Being a residuary heir does not mean that one will get meagre leftovers, but rather, a residuary very often gets the greatest part, depending on the circumstance. Their details are briefly outlined here, and will be further explained in due course. Son “All\h directs you as regard to your children's (inheritance), For the male is a portion equal to that of two females.” al-Qur’\n 4:11 The son of the deceased is a residuary and his allotment will be what is left after the other heirs take their proportions. If, however, there is a daughter, then the above verse applies. 40
Scenario No. 1 2 Proportion Residue Shared Residue Allotment Caused By Prevailing Allotment Daughter Additional Details If more than one then all will share The female will get one part and the male will get two parts. ¬dam ___________________________________________________________ Son Son Residue ¬dam ___________________________________________________________ Son Son Daughter Shared Residue 2 2 1 Affected Heirs Father, Grandfather Allotments Changed To 1/6 Mother 1/6 All Siblings All Grandchildren Bereft Bereft Husband 1/4 Wife 1/8 Daughter Residuary F\{imah _________________________________________________________ Son Father Mother Residue 1/6 1/6 41
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 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: F\{imah ___________________________
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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