Mirath - The Laws of Islamic Inheritance

less (in cash) than what his/her allotment would be then permission of
the other heirs is not necessary. If what is wanted is a particular, soughtafter
item or what amounts to more than the heir’s portion then
permission is needed from all the heirs for the agreement to be made.
E.g. a wife’s allotment may be £100,000 from an £800,000 estate, she
may wish to not take money but rather she may want the house (worth
£70,000). She can forgo the £30,000 in order to appease the other
heirs who may not have been willing to relinquish their share of it.
In a similar scenario, if the value of the house is worth £150,000, the
other heirs (especially her own children) may agree because they do
not wish to see her go through the difficulties of buying a new house.
Note: One must remember that the distribution of inheritance is not
the distribution of charity. Therefore, if one were to be in a situation
where one wishes for a particular object and has one’s wishes ruled
against, it should never be that this is taken as offensive, as the other
heirs are not doing any injustice in not relinquishing their rights.
DHAWIL AR*¬M
Dhawil Ar#\m are those relatives who either share a common ancestor
or either the heir or the deceased is an ancestor of the other, i.e. they
are so close that marriage is not permissible but are not closely related
enough to be among the heirs . If there is an absence of the first
categories (or the deceased left only a spouse, for whom Radd cannot
be done) then the closest amongst the Dhawil Ar#\m will inherit the
full estate. The Dhawil Ar#\m also has principles and categories as did
the `A]abah. The principles are:
1. The order of the categories.
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