Inheritance in Islam

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INHERITANCE IN ISLAM

(Continued from Vol. 1, No. 2)

6. If a wasiyyat of movable or immovable property was made then too, the value of such property must not exceed a third of the balance of the estate after debts have been settled. If it does exceed a third, the wasiyyat will be curtailed to just a third.

7. In the case of immovable property having been bequeathed to someone and such a wasiyyat (bequest) was curtailed to a third, the beneficiary of that bequest becomes a joint owner of the property in proportion to the size of his share. None of the heirs can force him out of such partnership even by offering him a settlement figure for his share. He is not under any compulsion to accept a cash pay out.

8. A wasiyyat in favour of an heir is not valid. One who will inherit from the estate at the time the mayyit dies, cannot benefit from a Wasiyyat. Such a Wasiyyat automatically becomes null and void.

Distribution among the heirs:

1. The heirs only get their shares after the other duties have been fulfilled. As stated earlier, if after payment of debts the estate is depleted then the heirs will go empty-handed.

2. The heirs discussed here are of two categories. The Arabic or Fiqhi names for these two categories of heirs are: As-haabul Fara-idh and Asabaat.

3. The As-haabul Fara-idh are those heirs whom Almighty Allah has mentioned in The Quran Shareef. We, therefore refer to them as ‘Quranic Heirs’. They always come first in distribution.

4. Normally Asbaat are dealt with after the As-haabul Fara-idh have been settled. So Asabaat come second. However, there are some Asabaat that will always inherit.

The Quranic heirs are 12; 4 men and 8 women.

The 4 men are:
Father, Grandfather, Brother and Husband.

The 8 women are:
Mother, Daughter, Grand-daughter, real sister, maternal sister, paternal sister, grand-mother and wife.

A person appointed by the deceased to administer the affairs of the estate is called a Wasiyy in Arabic, meaning executor. If several people are nominated by the testator as executors, they all are required to work collectively. One of them cannot operate unilaterally, without the knowledge of the others.

If one executor carries out an action in relation to the estate without the consent or knowledge of the others, such an action is null and void. However, should the others sanction it, his action becomes valid.

There are a few cases that are excluded from the above ruling. In these cases one executor may execute without the knowledge or consent of the others. These cases are: Purchasing kafan and paying burial expenses for the deceased if there are no other relatives to do this; Purchasing food and clothing from the estate for little ones; payment of debts; selling away perishable items. Here any of the executors may carry out these tasks without any of the other executors knowing of it or agreeing to it, since these duties are considered necessary in Shariah.

(To be continued, Insha-Allah)

WORDS OF WORTH

• Every difficulty that is beyond ones control (such as illness, death, etc.) is a means of connection to Allah.

• Anger is a good quality when used against the enemy.

• Malice destroys the noor of a human being.

• Refrain from situations of lust and fame.

• Think before you speak.

• One should regard service to Ulema as the highest and most virtuous service.

• Make it a habit to always forgive the faults of others.

• Television is there to destroy the Iemaan of Muslims.