Mirath - The Laws of Islamic Inheritance

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24 5040 210 ¬dam ___________________________________________________________ 2 Wives 6 Grandmothers 3 10 Daughters 5 7 Paternal Uncles 1/8 1/6 2/3 Residue 3 4 16 1 630 840 3360 210 315 x2 140 x6 336 x10 30 x7 210 is the total of 2 (wives), 3 (the wifq of 6 grandmothers), 5 (the wifq of 10 daughters), and 7 (uncles) all multiplied together, as they have no relationship with each other or the results of the progressive multiplying. Note: Even if one were to multiply the full number of all the groups of heirs, whose allotments cannot be divided equally, in the situation of there being a relationship between them, then too the answer will be correct. The problem with that however, is that the lowest number useable for making the allotment total is not used, and often ridiculously high Ta]#|#s are reached. e.g. the two situations below are the same. If one does not look for the Wifqs, then one will arrive at the first conclusion, otherwise the second and more manageable conclusion is what is reached. Result of 24 77760 4x6x15x9 3240 ¬dam ___________________________________________________________ 4 Wives 6 Grandmothers 15 Daughters 9 Brothers 1/8 1/6 2/3 Residue 3 4 16 1 9720 12960 51840 3240 2430 x4 2160 x6 3456 x15 360 x9 Result of 24 4320 ¬dam ___________________________________________________________ 4x3x5x3 180 4 Wives 6 Grandmothers 15 Daughters 9 Brothers 3 5 3 1/8 1/6 2/3 Residue 3 4 16 1 540 720 2880 180 125 x4 120 x6 192 x15 20 x9 68
Note: As mentioned previously, the section of Ta]#|# is a method of getting one common multiple for the entire estate. People may prefer other methods to arrive at the same conclusion. e.g. one may not wish to look for a Ta]#|# but wish to work out the entire estate in percentages, fractions or decimal format. This too is valid and can be done very simply after the original sum is made. This is entirely up to the discretion of the individual, but care must be taken and crosschecking must be done to avoid errors. RADD - RETURNING THE UNCLAIMED Radd is the next applicable step in the order of the distribution of inheritance (see page 29) and (as mentioned on page 55) is done when the number of allotments does not reach the sum. This is due to there not being any residuary heirs and also because of the Dhawil Fur[}’s allotments not combining to take up the estate. In this situation the remainder of the estate is redistributed amongst the heirs, proportionate to what their allotments are. Due to their being heirs who do not qualify for this (namely the spouses) there are four (practically three) different scenarios that have different workings out. If there are no spouses of the deceased, then there is either (1) one type of heir or (2) more. If the deceased’s spouse(s) are also present then there may be (3) one type of heir or (4) more. (1) and (2) are when there are no spouses and either there is only one type of heir or there are more than one type. Some have mentioned these points separately, but the end result is the same. Once the proportions are determined and one can see that there is a remainder, then one only needs to lessen the sum to the amount of allotments accounted for. This will keep the shares and get rid of the remainder. Also Ta]#|# can be done thereafter if the allotments do not divide equally amongst the heirs. 69
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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
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THE ISL¬MIC CONCEPT OF INHERITANCE
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SHROUDING AND BURIAL Isl\m stipulat
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If there are numerous debts which i
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Some may argue saying that the dece
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9. Isl\mic treasury - In a Muslim c
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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,
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: e multiplied into the Wifq of the t
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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