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    Law of Inheritance

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    The document discusses the Islamic law of inheritance. It defines inheritance as property passed down to heirs according to Islamic law. The document notes that inheritance is an integral part of Islamic sharia law. It provides Quranic verses and hadith that establish the rules and importance of inheritance. The document outlines the primary and secondary heirs and their assigned inheritance shares according to Islamic law. It also provides examples of how inheritance is distributed in practice among heirs in different family scenarios.

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    Law of Inheritance

    Uploaded by

    king
    282 views20 pages
    The document discusses the Islamic law of inheritance. It defines inheritance as property passed down to heirs according to Islamic law. The document notes that inheritance is an integral part of Islamic sharia law. It provides Quranic verses and hadith that establish the rules and importance of inheritance. The document outlines the primary and secondary heirs and their assigned inheritance shares according to Islamic law. It also provides examples of how inheritance is distributed in practice among heirs in different family scenarios.

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    The document discusses the Islamic law of inheritance. It defines inheritance as property passed down to heirs according to Islamic law. The document notes that inheritance is an integral part of Islamic sharia law. It provides Quranic verses and hadith that establish the rules and importance of inheritance. The document outlines the primary and secondary heirs and their assigned inheritance shares according to Islamic law. It also provides examples of how inheritance is distributed in practice among heirs in different family scenarios.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    282 views20 pages

    Law of Inheritance

    Uploaded by

    king
    The document discusses the Islamic law of inheritance. It defines inheritance as property passed down to heirs according to Islamic law. The document notes that inheritance is an integral part of Islamic sharia law. It provides Quranic verses and hadith that establish the rules and importance of inheritance. The document outlines the primary and secondary heirs and their assigned inheritance shares according to Islamic law. It also provides examples of how inheritance is distributed in practice among heirs in different family scenarios.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 20

    NAME:

    AAMIR HAROON MEO


    TOPIC:

    LAW OF INHERITANCE
    DEFINITION:
    An estate which is devolved by a
    deceased to his/her heirs or
    nearer relatives according to
    sharia.
    EXAMPLE
    ABOUT INHERITANCE:
    INHERITANCE IS AN INTEGRAL PART OF ISLAMIC SHARIAH
    LAW AND ITS APPLICATION IN ISLAMIC SOCIETY IS A
    MANDATORY ASPECT OF THE DIVINE TEACHINGS OF ISLAM.
    THE WORD INHERITANCE RELATES WITH THE “MIRATH”
    WHICH MEANS TO INHERIT ANYTHING ONE PERSON TO
    ANOTHER SUCH AS LEGAL HEIRS AND IN LEGAL
    TERMINOLOGY, IT IS A KNOWLEDGE ABOUT SOME RULES OF
    THE SHARI’AH, WHICH GUIDES US ABOUT WHO WILL INHERIT
    AND WHO WILL NOT AND WHAT SHARES WILL GO TO THE
    HEIRS FROM THE PROPERTY OF THE DECEASED PERSON.

    SO REGARDING LAW OF INHERITANCE, THERE IS A


    VERSE OF SURAH AL NISA OF CHAPTER 4 IN THE HOLY
    QURAN, WHICH STATES THAT:

    “THERE IS A SHARE FOR MEN AND A SHARE FOR WOMEN


    FROM WHAT IS LEFT BY PARENTS AND THOSE NEAREST
    RELATED, WHETHER, THE PROPERTY BE SMALL OR LARGE –
    A LEGAL SHARE.“ [AN-NISA 4:7]
    There are some Hadiths of Hazrat Muhammad
    (S.A.W.W) about inheritance

    1. The Holy Prophet said that: “Learn (the knowledge


    of) inheritance and teach it (to the people) for it is half
    of knowledge; and it will eventually be forgotten. It
    will be the first (knowledge) to be taken away from my
    Ummah” (Sunan Ibn Maajah)

    HAZRAT ANAS (RA) RELATED THAT THE PROPHET (PBUH)


    SAID:“IF ANYONE DEPRIVES AN HEIR OF HIS INHERITANCE,
    ALLAH WILL DEPRIVE HIM OF HIS INHERITANCE IN
    PARADISE ON THE DAY OF RESURRECTION.” (SUNA IBN
    MAJAH)
    Hazrat Anas ibn Malik (RA) relates that the
    Messenger of Allah (PBUH) said: “Whoever deprives an
    heir of his/her inheritance-share [as fixed by Qur’anic
    guidelines], Allah will deprive him/her of Paradise on
    the day of judgment.” (Sunan Ibn Majah, no: 2703)
    PRIMARY INHERITORS:

    THOSE RELATIVES OF THE DECEASED


    WHOSE SHARE OF INHERITANCE IS
    OBLIGATORY: THEY MAY ALSO BLOCK
    SHARE OF SECONDARY HEIRS AND MAKE
    THEM MAHJOOB. THE FOLLOWING WILL
    SURELY INHERIT A SHARE OF THE
    INHERITANCE (EXCEPT IN CERTAIN
    CIRCUMSTANCES):

    1. CHILDREN (SONS & DAUGHTERS)


    2. PARENTS (REAL MOTHER & REAL
    3. FATHER)
    4. WIFE/WIVES
    5. HUSBAND
    Secondary Heirs:
    Inherit a share of the estate when they
    are the heirs in the absence of one or
    more of the primary heirs. Enlisted in
    order of preference:

    1. Paternal Grandson(s), Paternal


    Granddaughter(s)
    2. Full brothers, full sisters
    3. Paternal brothers & sisters, maternal
    brothers & sisters (half brothers; half
    sisters)
    4. Paternal grandfather
    5. Full brother’s son
    6. Paternal brother’s son
    7. Paternal uncle (Father’s full brother)
    And many others
    ACCORDING TO LAW OF INHERITANCE,
    THESE ARE THE FOLLOWING SHARES
    ARE INHERITED TO THE DECEASED’S
    HEIRS:

    Two shares +
    1 General shares of son
    Residue

    1 SON 2
    If deceased has two or more Equally
    sons Distributed

    3 Deceased has only son Full property


    Deceased has daughter with Half of son/1
    1
    son/sons share

    Deceased only has one


    2 1/2
    daughter
    2 Daughter

    Two or More daughters with


    3 2/3
    son/sons or without son/sons
    Deceased has husband with ¼+
    1
    children Residue

    3 HUSBAND

    ½+
    2 Deceased has no children
    Residue
    Deceased has father with
    1 1/6
    son

    Deceased has father


    2 without son, but has 1/6+ Residue
    4 FATHER
    daughter/daughters

    Deceased has father


    3 without having no 1/6+ Residue
    children at all
    Deceased has
    1 mother with 1/6
    children

    Deceased has
    mother without
    2 1/3
    children & no
    brothers or sisters

    Deceased has
    mother without
    MOTHER 3 1/3
    5 children & has 1
    brother or 1 sister

    Deceased has no
    children & has two
    4 1/6
    or more sisters and
    brothers
    Deceased has
    one or more
    1 1/8
    wives wife with
    children
    Wife or
    5
    Wives Deceased has
    one or more
    2 1/4
    wives without
    children
    When a Muslim dies there are four duties which need to
    be performed. These are the following, namely:

    1. Payment of funeral expenses.


    2. Payment of his/her debts

    3. Execution of deceased’s will, but


    not exceed 1/3 of total estate

    4. Distribution of the remaining estate amongst


    the heirs according to Sharia
    To Whom Charity in a Will Cannot be Given.

    •Legal heirs

    •Non-Shariah Compliant activity or fund.

    •Murderer of the deceased, If deceased is murdered.


    People who cannot be Inherited. But Can be
    given a share in the will, not exceed 1/3

    1. Adopted children
    2. Legal slave

    Some relatives
    1. Daughter’s children
    2. Sister’s children
    3. Brother’s daughters
    4. Maternal brother’s children
    5. Maternal daughter’s children
    6. Mother’s brothers
    7. Father’s sisters
    8. Mother’s father (maternal grandfather)
    9. All in-laws
    Step-Mother, step-father, step brothers, step sisters
    (share no birth parents with deceased)
    Some others besides above
    Ex-wife
    There are some cases in which we will
    discuss that how property is distributed
    practically:

    Case 1

    Deceased left behind:


    Mother, Wife, Son, and Paternal grandson.
    Property amount is about 1000.

    Mother’s share: 1/6 1/6 of 1000 = 166


    Wife: 1/8 1/8 of 1000= 125
    Son 1/2 + Residue 1/2 of 1000=500+Residue

    Paternal Grandson’s share shall be blocked by


    son’s share.
    Case 2

    Deceased left behind:


    Husband, 2 sons, and 2 daughters.
    Property amount is about 1000.

    Husband: 1/4 1/4 of 1000= 250


    750/6=125
    1. Son 2 shares reaming estate 250
    2. Son 2 shares reaming estate 250
    1. Daughter 1 share reaming estate 125
    2. Daughter 1 share reaming estate 125
    Case 3
    Deceased left behind,
    Mother, father, wife, daughter, and paternal
    grandfather.
    Amount is about 1000.

    Wife 1/8 1/8 of 1000 125

    Father & Mother: 1/6 1/6 of 1000 166 for Both

    Daughter: 1/2 1/2 of remaining 709= 354.5

    Residue will be given to Father 354.5

    Paternal grandfather’s shall be blocked by father.

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