Mirath - The Laws of Islamic Inheritance

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If we were to consider ¬dam as having died first, then the estates would look like this: Adam’s brother gets nothing from Adam’s estate, 24 ¬dam ___________________________________________________________ Most goes into Zaid’s estate for redistribution Wife A Mother B Brother C Son (Zaid) 1/8 1/6 Bereft Residue 3 4 17 3 Zaid ___________________________________________________________ Mother A 1/3 1 Grandmother B Bereft Uncle C Residue 2 If both were considered alive in each other’s estates then there would be a loop which the money would keep going through. There is one remaining way that is employable, that is to assume all the dead relatives as dead in each other’s estates. The question that is raised in this approach is this; are the deceaseds all considered as bereft (but still affect the allotments of others), or are they deprived of inheritance (and not affect the allotments of others). The verdict chosen by scholars, generally, is that they are deprived, i.e. totally ignored in the calculation of the estate. If this was applied in the same example, the estates would be like this, when the deceaseds are ignored: 12 ¬dam ___________________________________________________________ Wife A Mother B 1/4 1/3 3 4 Brother C Residue 5 84
3 Zaid ___________________________________________________________ Mother A 1/3 1 Grandmother B Bereft Uncle C Residue 2 This is the general, but not universal, view given by scholars. If they were considered as bereft and affecting the allotments, the estates will look like this: 3 Zaid ___________________________________________________________ Mother A 1/3 1 Father (¬dam) Bereft Wife A Mother B 1/8 1/6 3 4 Grandmother B Bereft Brother C Residue 17 Uncle C Residue 2 24 ¬dam ___________________________________________________________ Son (Zaid) Bereft There is a second opinion amongst the scholars due to the opinions of `Abdull\h ibn Mas`[d t and `Al| t. Their opinion is that if only one was a receiving heir to the other then they will be counted as heirs and wealth from the estate of one will go into the estate of the dead heir and will be distributed from that. Note: If the times of death can be medically established and are far enough apart to avoid probability of error, then this can be used to establish one having died first and being inherited from by the other. 85
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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
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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 and 82: death then it is possible that he m
Page 83: MULTIPLE SIMULTANEOUS DEATHS Multip
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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