Mirath - The Laws of Islamic Inheritance

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Thereafter one will multiply the Radd with the sum of the spouse’s split to make the new sum for both the splits. 16 (the new sum) 16 is the result of multiplying the Radd 4 3 4 6 and the spouse’s sum ¬dam ___________________________________________________________ Wife Sister 1/4 1/2 1 3 For one to now achieve the correct allotments, one will multiply the spouse’s allotment by the Radd, and the allotments of the other heirs by the remainder of the spouse’s split. This way the spouse will have their proportion from the new sum, and the other heir’s will have their allotments increased proportionately. 72 Uterine Brother 1/6 1 16 The Radd will be used to multiply the spouse’s allotment 4 3 4 6 ¬dam ___________________________________________________________ Wife Sister 1/4 1/2 1 3 4 The result will be the spouse’s exact proportion (1/4) from the new sum Wife Sister 1/4 1/2 1 3 Uterine Brother 1/6 1 16 The remainder will be used to multiply the allotment of the 4 3 4 6 other heirs ¬dam ___________________________________________________________ Uterine Brother 1/6 1 4 9 3 The results will be the heir’s All the allotments added together proportions from the new sum will equal the new sum inclusive of the remainder
If Ta]#|# has to be performed, then one will perform that at this stage. One will ignore everything apart from the new sum and the final allotments. One will times the multiplier by the new sum to get the Tashih, 16 48 3 ¬dam ___________________________________________________________ ignoring the old splits 3 Wives 1/4 Sister 1/2 Uterine Brother 1/6 4 9 3 12 27 9 4 4 4 27 9 One will also ignore the old allotments and only consider the allotments from the new sum to make the allotments from the Tashih Note: As from their definitions, one will notice that `Awl and Radd are opposites and thus cannot come together in one scenario. MAKING THE ALLOTMENTS MATCH THE ESTATE As one will have noticed, in none of the examples given has an estate actually been divided. What has been done is that each individual has got an allotment (or share) from a total sum (original or reached through `Awl, Radd or Ta]#|#). This total, more often than not, bears no resemblance to the actual estate or its value. e.g. A sum may be of 5040 shares (allotments), whereas the actual estate may be £100,000 or £1,000. Thus if one wishes to know what the actual inheritance is for each heir then one will have to convert this allotment into an actual portion of the estate. This is done by applying the following formula. Individual Inheritance Individual Allotment Estate Total Total Allotments Which in simple terms is, the total value of the estate will be divided by the total number of allotments (i.e. the sum). The resulting number will 73
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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
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downwards). (The right to inherit o
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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 and 68: e multiplied into the Wifq of the t
Page 69 and 70: Note: As mentioned previously, the
Page 71: 12 12 24 2 ¬dam __________________
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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