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Mirath - The Laws of Islamic Inheritance

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Note: As mentioned previously, the section <strong>of</strong> Ta]#|# is a method <strong>of</strong><br />

getting one common multiple for the entire estate. People may prefer<br />

other methods to arrive at the same conclusion. e.g. one may not wish<br />

to look for a Ta]#|# but wish to work out the entire estate in<br />

percentages, fractions or decimal format. This too is valid and can be<br />

done very simply after the original sum is made. This is entirely up to<br />

the discretion <strong>of</strong> the individual, but care must be taken and crosschecking<br />

must be done to avoid errors.<br />

RADD - RETURNING THE UNCLAIMED<br />

Radd is the next applicable step in the order <strong>of</strong> the distribution <strong>of</strong><br />

inheritance (see page 29) and (as mentioned on page 55) is done when<br />

the number <strong>of</strong> allotments does not reach the sum. This is due to there<br />

not being any residuary heirs and also because <strong>of</strong> the Dhawil Fur[}’s<br />

allotments not combining to take up the estate. In this situation the<br />

remainder <strong>of</strong> the estate is redistributed amongst the heirs,<br />

proportionate to what their allotments are. Due to their being heirs<br />

who do not qualify for this (namely the spouses) there are four<br />

(practically three) different scenarios that have different workings out.<br />

If there are no spouses <strong>of</strong> the deceased, then there is either (1) one type<br />

<strong>of</strong> heir or (2) more. If the deceased’s spouse(s) are also present then<br />

there may be (3) one type <strong>of</strong> heir or (4) more.<br />

(1) and (2) are when there are no spouses and either there is only one<br />

type <strong>of</strong> heir or there are more than one type. Some have mentioned<br />

these points separately, but the end result is the same. Once the<br />

proportions are determined and one can see that there is a remainder,<br />

then one only needs to lessen the sum to the amount <strong>of</strong> allotments<br />

accounted for. This will keep the shares and get rid <strong>of</strong> the remainder.<br />

Also Ta]#|# can be done thereafter if the allotments do not divide<br />

equally amongst the heirs.<br />

69

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