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Mirath - The Laws of Islamic Inheritance

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If we were to consider ¬dam as having died first, then the estates<br />

would look like this:<br />

Adam’s brother gets nothing from Adam’s estate,<br />

24<br />

¬dam ___________________________________________________________<br />

Most goes into Zaid’s estate for redistribution<br />

Wife A Mother B Brother C Son (Zaid)<br />

1/8<br />

1/6 Bereft Residue<br />

3 4 17<br />

3<br />

Zaid ___________________________________________________________<br />

Mother A<br />

1/3<br />

1<br />

Grandmother B<br />

Bereft<br />

Uncle C<br />

Residue<br />

2<br />

If both were considered alive in each other’s estates then there would<br />

be a loop which the money would keep going through.<br />

<strong>The</strong>re is one remaining way that is employable, that is to assume all the<br />

dead relatives as dead in each other’s estates. <strong>The</strong> question that is<br />

raised in this approach is this; are the deceaseds all considered as<br />

bereft (but still affect the allotments <strong>of</strong> others), or are they deprived <strong>of</strong><br />

inheritance (and not affect the allotments <strong>of</strong> others). <strong>The</strong> verdict<br />

chosen by scholars, generally, is that they are deprived, i.e. totally<br />

ignored in the calculation <strong>of</strong> the estate.<br />

If this was applied in the same example, the estates would be like this,<br />

when the deceaseds are ignored:<br />

12<br />

¬dam ___________________________________________________________<br />

Wife A Mother B<br />

1/4<br />

1/3<br />

3 4<br />

Brother C<br />

Residue<br />

5<br />

84

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