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Mirath - The Laws of Islamic Inheritance

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Note: If the original sum is not 2, 3, 4, 6, 8, 12, or 24 or the `Awl is not<br />

<strong>of</strong> 7, 8, 9, 10, 13, 15, 17, or 27, and the situation is not <strong>of</strong> only sharing<br />

residuary heirs, then one should realise that there is an error in the<br />

issuing <strong>of</strong> allotments or the working out.<br />

Note: <strong>The</strong>re are some people who (either through ignorance or<br />

malice) have said that in the allocation <strong>of</strong> allotments, the Qur’\n does<br />

not add up. Quoting the following arguments:<br />

“Verse 4:11-12 and 4:176 state the Qur'\nic inheritance law. When a<br />

man dies, and is leaving behind three daughters, his two parents and<br />

his wife, they will receive the respective shares <strong>of</strong> 2/3 for the 3<br />

daughters together, 1/3 for the parents together [both according to<br />

verse 4:11] and 1/8 for the wife [4:12] which adds up to 27/24, i.e.<br />

more than the available estate. A second example: A man leaves only<br />

his mother, his wife and two sisters, then they receive 1/3 [mother,<br />

4:11], 1/4 [wife, 4:12] and 2/3 [the two sisters, 4:176], which again<br />

adds up to 15/12 <strong>of</strong> the available property.”<br />

<strong>The</strong>re are many ways <strong>of</strong> answering this, <strong>of</strong> which one argument is that<br />

the accusers have missed the obvious. <strong>The</strong> Qur’\n is not only relating<br />

one circumstance but is providing the formula for the working out <strong>of</strong><br />

the allotments in proportion to all heirs, not the exact parts in all<br />

situations. If the Qur’\n was trying to teach the latter, then there would<br />

be millions <strong>of</strong> combinations that the Qur’\n would have to explain.<br />

This would be both pointless and an issue that would show<br />

imperfection. <strong>The</strong> Qur’\n showed the formula to the Muslims, who<br />

understood it and implemented it immediately. <strong>The</strong> example given<br />

previously <strong>of</strong> `Awl, i.e.<br />

24 27<br />

¬dam ___________________________________________________________<br />

Wife Daughter Daughter Mother Father<br />

1/8 2/3<br />

3<br />

16<br />

59<br />

1/6 1/6<br />

4 4

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