Mirath - The Laws of Islamic Inheritance

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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 À]abah. The principles are: 1. The order of the categories. 76
2. The near exclude the remote (within this is the sub-principle that the link excludes its following chain, i.e. if one heir, who is a link for others is present all those who are related to the deceased through that link are excluded). 3. The stronger ties exclude the weaker ties. Note: These principles must be followed in the order listed. There are four categories of Dhawil Ar#\m. They can be either male or female and are in the following order: a. The descendants of the deceased. b. The antecedents of the deceased. c. The descendants of the deceased’s parents. d. The descendants of the deceased’s grandparents The descendants of the deceased These are all those who were not amongst the Dhawil Fur[} or À]abah, e.g. the daughter’s son and daughter, etc. The antecedents of the deceased All those grandparents who did not qualify as heirs qualify as Dhawil Ar#\m. e.g. The mother’s father, etc. The descendants of the deceased’s parents The children of the deceased’s siblings who are not À]abah. e.g. The sister’s children, or the brother’s daughter, etc. The descendants of the deceased’s grandparents 77
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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
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6. Consanguine Sister 7. Daughter 8
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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 and 72: 12 12 24 2 ¬dam __________________
Page 73 and 74: If Ta]#|# has to be performed, then
Page 75: %UL* - AGREEMENTS OR COMPROMISES If
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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