Mirath - The Laws of Islamic Inheritance

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APOSTASY / BLASPHEMY It has already been established that Muslims do not inherit from non- Muslims and vice versa. It is an accepted view that an apostate does not inherit from Muslims, however, the estate of any person who has renounced his/her faith warrants many different opinions as to its method of disposal. Some say that the estate in its entirety should be disposed as %adaqah, as the person is a non-believer and cannot be inherited from unless he made a bequest. Others say that the apostate’s entire estate is for his/her heirs. The third opinion of the *anaf| school of thought is that whatever was earned by the apostate while he/she was a Muslim is subject to the laws of M|r\th, while the remainder is to be disposed of. Another opinion still is that the estate is subject to the laws of the land, and the method local law uses to distribute intestate wealth will be acceptable. All of the above opinions are valid and strong in analogical representation. For the answer to this one should thus ask one’s local scholars. CAPTIVE A captive has the same ruling as an ordinary living person, that his/her wealth is not distributed in his/her lifetime and also that he/she inherits from his/her relatives. This state will remain as long as the captive’s living is established. If the captive’s death is ascertained then the rules of inheritance will apply. If the captive’s state becomes unknown then the rules of a missing person will be applicable to him/her. 82
MULTIPLE SIMULTANEOUS DEATHS Multiple simultaneous deaths are when many people die and it is not known who amongst them died first, e.g. through a car crash, a boating accident, an earthquake, etc. In regards to inheritance, if any were relatives of another the question would rise as to how would their inheritance be calculated. It would be incorrect to assume any one as dying first and include the other deceaseds in that estate as it would affect other heirs. It would also be impossible to assume all of them as alive in each other’s inheritances as that would mean going in circles in regards to allotments. This can be seen from an example of a father and son dying together, and none can tell who died first. ¬dam ___________________________________________________________ Wife Mother Brother Dead Son (Zaid) Zaid ___________________________________________________________ Mother Dead Father (¬dam) If one is counted as dying first, who would that be and how would it be fair? E.g. If we were to consider Zaid as having died first the estate would look like this: Only the mother (person A) inherits from Zaid’s estate, 3 Zaid ___________________________________________________________ the rest goes into Adam’s estate for redistribution Mother A 1/3 1 Father (¬dam) Residue 2 83 Grandmother Grandmother B Bereft Wife A Mother B Brother C 1/4 1/3 Residue 3 4 5 Uncle Uncle C Bereft 12 ¬dam ___________________________________________________________
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F F F F F F F F F F F F F F F £ S
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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 ___________________________
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F\{imah ___________________________
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Scenario No. 1 Proportion 1/4 Allot
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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 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: death then it is possible that he m
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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