Mirath - The Laws of Islamic Inheritance

The deceased’s uncles and aunts who were not amongst the heirs or
residuary heirs. e.g. the father’s sister or the mother’s siblings and their
offspring, etc (Note: Cousins are not prohibited from marrying).
Note: If any one relative is found who is more closely related than
other relatives (e.g. the offspring of an heir compared to an heir’s
grandchildren), then the closer will inherit the entire estate and
exclude the farther.
Note: In books on inheritance this class (i.e. Dhawil Ar#\m) has been
covered more extensively. What has been included in this booklet is
very basic information on the Dhawil Ar#\m, as it is extremely rare that
a person does not have any close relatives who qualify as primary heirs.
If a person does find him/her self in this situation, then it is
recommended that a scholar be consulted for this.
MISCELLANEOUS ISSUES
THE RIGHTS OF THE UNBORN CHILD
If at the time of a person’s death his wife (or mother or daughter-in-law,
etc) are pregnant and the child could be an heir when born, then a
share is set aside for the baby. As a precaution the estate would be
drawn up twice and in one case the unborn will be classed as a boy and
in the other as a girl, (it has also been recommended that a third
working out of the estate should also be drawn up where the unborn is
a miscarriage or still-born). All the heirs will be given their lowest share
(or not given anything if excluded) and the remainder will be set aside
for the baby, if the child is born dead or if the baby would not
depreciate their inheritance, then they will be given their higher
allotments. If the child born does cause their allotments to be lowered
then they will keep their allotment. If however, there were twins born
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