Mirath - The Laws of Islamic Inheritance

More documents

Info

1. I am: (e.g.) KHALID ABDULLAH of 4 Anon Street, Anonyville, AA2 2ZZ 2. I appoint the following as my Executors to carry out the wishes of Will: My wife RABIAH and my father ZAYD 3. When my debts, funeral expenses, inheritance tax, and testamentary expenses have all been settled, I make the following Specific Gift (Keep this as the Wa]iyyah/bequest e.g.): My sister KHAWLAH, my brother DHIRAR, and my aunt FATIMA, will share equally one third of full estate as compliant to the Wasiyyah (bequest) of Islamic law 4. After these legacies, my RESIDUARY ESTATE will be distributed in the following shares :- 12.5% to my wife RABIAH 16.65% to my father ZAYD 16.65% to my mother MARYAM 54.2% to my son MUHAMMAD Note: We are unable to draft a full will here for the reason that copying it and applying one’s own details will generally not suffice to make it a valid will. However, one should keep the above points in mind when getting a legal representative to draft a will. This should make drafting an Islamic will relatively simple. Note: If at any time there is a death in the family or a birth of an inheriting heir the Will must be redrafted. Note: Inheritance tax is charged in the UK at +/- 40% of the estate, provided that it is worth more than £325,000. Below that one is 90
exempt from inheritance tax. One must however remember that the value of the house (if it is included in the estate) is also included in this and also the total of all gifts of more than £250 if they accumulate to be more than £3,000 a year, for the past seven years will also be added to make this total reach £325,000. Note: The figure of £325,000 as a threshold for inheritance tax in the UK is correct at the time of publication. However, this figure periodically changes. Please check the HMRC website for the correct figure. Note: Testamentary charges and inheritance taxes where applicable classify as debts on the estate. They will be paid out before the bequests and inheritance are distributed. Note: If one is attempting to make one’s own will according to Isl\m based on this publication, we still urge that everyone utilises the services of the scholars to verify the working out, and to ensure that other points or issues which have not been covered in this short publication are not omitted. Thereafter, the will should be checked/properly drafted by a qualified solicitor. 91
Page 1 and 2:
F F F F F F F F F F F F F F F £ S
Page 3 and 4:
PREFACE All\h has through his infin
Page 5 and 6:
THE ISL¬MIC CONCEPT OF INHERITANCE
Page 7 and 8:
SHROUDING AND BURIAL Isl\m stipulat
Page 9 and 10:
If there are numerous debts which i
Page 11 and 12:
Some may argue saying that the dece
Page 13 and 14:
9. Isl\mic treasury - In a Muslim c
Page 15 and 16:
d) Jar| Majr\ Kha{a’ - This is wh
Page 17 and 18:
downwards). (The right to inherit o
Page 19 and 20:
Note: If the deceased’s father re
Page 21 and 22:
6. Consanguine Sister 7. Daughter 8
Page 23 and 24:
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 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 and 84: MULTIPLE SIMULTANEOUS DEATHS Multip
Page 85 and 86: 3 Zaid ____________________________
Page 87 and 88: Heirs who affect the inheritor’s
Page 89: For a person's will to be legally v
Page 93 and 94: GLOSSARY Allotments The amount of d
Page 95 and 96: clothing, and shelter. (During the
show all

Mirath - The Laws of Islamic Inheritance

Create successful ePaper yourself

Delete template?

Save as template?