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INHERITANCE IN ISLAM
Rasoolullah sallallahu alayhi wasallam said: "Learn the Laws of
Inheritance and teach it to people, for soon I shall be taken away (from this
world)." Another hadith shareef states: "Learn the laws of
inheritance, for indeed it is half of knowledge."
These and similar ahadeeth highlight the importance and deep
significance of Ilmul-Meerath or The Islamic Law of Succession. For this reason,
we furnish readers with some laws on the issue. Insha-Allah, we hope to publish
a series of articles on Meerath in further editions of this newsletter.
There are four duties, in order of priority, connected to the
estate upon death:
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PAYMENT OF FUNERAL EXPENSES.
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SETTLEMENT OF OUTSTANDING DEBTS.
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FULFILLMENT OF WASIYYAT.
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DISTRIBUTION OF REMAINING ESTATE AMONG THE HEIRS.
The above four tasks must be executed in this order.
SOME DETAILS ON THE ABOVE
Funeral expenses:
Funeral expenses have to be paid from the estate of the
deceased. This applies to cases where prior arrangements for burial have not
been made. However, should such arrangements be provided by other relatives, or
by the community without a fee, it will be improper to deduct these costs from
the estate.
The funeral expenses of one who cannot afford it devolve upon
the Muslim community as a whole.
The husband is responsible for the funeral costs of the wife,
as well as those children of his who have no income of their own.
The expenses discussed here are those of a moderate, masnoon
funeral. In our circles such a funeral will comprise the following: Cost of the
hole, planks, calico or other material for kafan; items used in the ghusl
(bathing of the body) such as camphor, cotton-wool; incense, etc.
It is preferable that the quality of kafan material be equal
to the type of material the deceased used to wear during his/her lifetime. If
the deceased had several different types of dress for different occasions, such
as for Eid, Jumu’ah, meeting people, etc. then the standard will be the dress
of medium cost out of the entire range.
It will not be permissible to pay for anything extravagant
from the estate of the deceased. Similarly, it is haraam to use the funds of the
estate to pay for items which are over and above the Sunnat requirements, such
as food for mourners attending the funeral, or extra garments, or items placed
with the mayyit inside the graves. In fact, the latter will be haraam even if
they are paid for by funds other than the estate.
(To be continued, Insha-Allah)
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