Work up of a case
Common problems and their solutions, as well as work up of a case is described.
Special case - Himariya
The case was brought to Umer (R.A).
A lady died leaving H, M, 2 Bu, 2Bf
As per the general rule Ummer divided the share as:
H = 1/2, M = 1/6, 2Bu = 1/3, 2Bf = balance = Nil.
Full brothers did not get any share whereas uterine brothers got a share.
Naturally brothers full got upset.
They requested for a revision of the case.
Here brother full had 2 advantages over uterine brothers.
- Their relation to the deceased was nearer than the uterine brothers. They had father and mother common compared to uterine where only mother is common.
- If not superior as above they claimed that they should be considered at least equal to brother uterine because mother is the same.
They requested them to consider them as Brother Uterines based on this.
Umer (RA) accepted the argument and revised the verdict.
H = 1/2, M = 1/6 2Bu + 2Bf = 1/3
Maliki and Shafi accept this but Hanafi and Hambali reject this.
Son’s Son - No Share - Criticism
Some critics if Islam and even some Muslims raise this subject very often.
Problem: when one son B1 of father A dies and another son B2 is alive and later on when the father A dies predeceased son’s children (B1’s children) do not get any property. Is it not inhuman? especially when Islam gives utmost importance to orphan children?
Yes the situation arises. but Islam has given multiple solutions to the problem. Hence the problem is because of not understanding Islam and not implementing Islamic rules
- Father can gift the son’s son property during his life time itself.-importance of charity to orphans and close blood relatives.
- It is father’s duty to look after his predeceased son’s son- importance of family ties in Islam.
- Father can make waseeyat up to 1/3 of property.- Must on muttaqeen.
- After father’s death even the living heirs can donate a part of the property. – Sura Al Nisa':8
Quran and sunnah calls upon believers to take care of the near relatives and orphans:
وَاعْبُدُواْ اللّهَ وَلاَ تُشْرِكُواْ بِهِ شَيْئًا وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَالْجَارِ ذِي الْقُرْبَى وَالْجَارِ الْجُنُبِ وَالصَّاحِبِ بِالجَنبِ وَابْنِ السَّبِيلِ وَمَا مَلَكَتْ أَيْمَانُكُمْ إِنَّ اللّهَ لاَ يُحِبُّ مَن كَانَ مُخْتَالاً فَخُورًا
Serve Allah, and join not any partners with Him; and do good- to parents, kinsfolk, orphans, those in need, neighbours who are near, neighbours who are strangers, the companion by your side, the wayfarer (ye meet), and what your right hands possess: For Allah loveth not the arrogant, the vainglorious;
يَسْأَلُونَكَ مَاذَا يُنفِقُونَ قُلْ مَا أَنفَقْتُم مِّنْ خَيْرٍ فَلِلْوَالِدَيْنِ وَالأَقْرَبِينَ وَالْيَتَامَى وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ وَمَا تَفْعَلُواْ مِنْ خَيْرٍ فَإِنَّ اللّهَ بِهِ عَلِيمٌ
They ask thee what they should spend (In charity). Say: Whatever ye spend that is good, is for parents and kindred and orphans and those in want and for wayfarers. And whatever ye do that is good, -(Allah) knoweth it well.
لَّيْسَ الْبِرَّ أَن تُوَلُّواْ وُجُوهَكُمْ قِبَلَ الْمَشْرِقِ وَالْمَغْرِبِ وَلَـكِنَّ الْبِرَّ مَنْ آمَنَ بِاللّهِ وَالْيَوْمِ الآخِرِ وَالْمَلآئِكَةِ وَالْكِتَابِ وَالنَّبِيِّينَ وَآتَى الْمَالَ عَلَى حُبِّهِ ذَوِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينَ وَابْنَ السَّبِيلِ وَالسَّآئِلِينَ وَفِي الرِّقَابِ وَأَقَامَ الصَّلاةَ وَآتَى الزَّكَاةَ وَالْمُوفُونَ بِعَهْدِهِمْ إِذَا عَاهَدُواْ وَالصَّابِرِينَ فِي الْبَأْسَاء والضَّرَّاء وَحِينَ الْبَأْسِ أُولَـئِكَ الَّذِينَ صَدَقُوا وَأُولَـئِكَ هُمُ الْمُتَّقُونَ
It is not righteousness that ye turn your faces Towards east or West; but it is righteousness- to believe in Allah and the Last Day, and the Angels, and the Book, and the Messengers; to spend of your substance, out of love for Him, for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves; to be steadfast in prayer, and practice regular charity; to fulfil the contracts which ye have made; and to be firm and patient, in pain (or suffering) and adversity, and throughout all periods of panic. Such are the people of truth, the Allah fearing.
وَآتِ ذَا الْقُرْبَى حَقَّهُ وَالْمِسْكِينَ وَابْنَ السَّبِيلِ وَلاَ تُبَذِّرْ تَبْذِيرًا
And render to the kindred their due rights, as (also) to those in want, and to the wayfarer: But squander not (your wealth) in the manner of a spendthrift.
فَآتِ ذَا الْقُرْبَى حَقَّهُ وَالْمِسْكِينَ وَابْنَ السَّبِيلِ ذَلِكَ خَيْرٌ لِّلَّذِينَ يُرِيدُونَ وَجْهَ اللَّهِ وَأُوْلَئِكَ هُمُ الْمُفْلِحُونَ
So give what is due to kindred, the needy, and the wayfarer. That is best for those who seek the Countenance, of Allah, and it is they who will prosper.
لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاء نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَّفْرُوضًا (7)
وَإِذَا حَضَرَ الْقِسْمَةَ أُوْلُواْ الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينُ فَارْزُقُوهُم مِّنْهُ وَقُولُواْ لَهُمْ قَوْلاً مَّعْرُوفًا (8)
وَلْيَخْشَ الَّذِينَ لَوْ تَرَكُواْ مِنْ خَلْفِهِمْ ذُرِّيَّةً ضِعَافًا خَافُواْ عَلَيْهِمْ فَلْيَتَّقُوا اللّهَ وَلْيَقُولُواْ قَوْلاً سَدِيدًا (9)
7. From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share.
8. But if at the time of division other relatives, or orphans or poor, are present, feed them out of the (property), and speak to them words of kindness and justice.
9. Let those (disposing of an estate) have the same fear in their minds as they would have for their own if they had left a helpless family behind: Let them fear Allah, and speak words of appropriate (comfort).
Anas (RA) reported as Prophet(SAS) saying Anyone who is pleased that his sustenance is expanded and his age extended should do kindness to his near relatives.
Abdulla bin Masoud and Abu Huraira quoted that Prophet (SAS) said that giving sadaqa and charity to a destitute fetches one reward but that given to ones close relative fetches double reward from Allah.
Best of charity is the one given to ones own kith and kin.
In some conditions few heirs may not get the shares either due to them being excluded or due to property getting exhausted. Following are few examples of such cases:
- Son’s son if son is there.
- Son’s daughter if 2D.
- Brothers/sisters if TGF (Hanafi).
- Daughter’s children whereas son’s children get.
- Brothers/sisters if son/father is there.
- Bc if Bf is there.
- Sc if 2Sf is there/Bf /Sf+D.
- Sister’s children.
- Brother’s daughters.
- Al Himariya case - H, M, 2Bu, Bf.
- Many other cases where shares get exhausted with no balance.
- Single family system with head of family concept lost.
- Each one now thinks like copying others concept : self- wife – children
- Close blood ties, relations neglected.
- Inheritance rules gone to dust bin even from well learned people.
- All the above has given rise to –dowry system, unwillingness to give the property to brothers and others if situation arises, Main reason being loss of Eemaan.
- Finding loopholes to protect one’s property from going to heirs.
- Raising unnecessary questions about Islamic law of inheritance without actually knowing them.
Sad Affairs - Answers
- Learn the law of inheritance and spread among people.
- Educate people about inheritance laws and seriousness of the problem if not implemented.
- Spread the message among common people and learned people.
- To remember that money and property belongs to Allah.
- Spend and distribute as per His rules.
- Ownership Shares are not specified.
- Property is not divided after death.
- Dowry has become routine affair.
- Misconception that if dowry is given no share for daughters.
- Haram is consumed unknowingly.
- Orphan’s wealth is consumed unknowingly.
- Gifts are given to avoid property going to heirs.
Common problems - Solutions
- Specify Ownership Shares in joint ownerships even if it is in the same family.
- Divide the property after death.
- Discourage Dowry and educate people that it is unislamic and encourage Mehr.
- Educate that Haram may be consumed unknowingly.
- Educate that Orphan’s wealth may be consumed unknowingly.
- Educate that if Gifts are given to avoid property going to heirs it is prohibited.
Work up of a case
After learning the Laws of inheritance it is time to apply it into practical use. When a person dies:
- Funeral expenses to be met with,
- debts of the person is to be cleared from his assets,
- waseeyat has to be implemented not exceeding 1/3.
After allotting the above find out the remaining property and wealth. That is to be given to the Heirs.
How to find out?
- You can use the Ready Reckoner available in the website to find out the heirs and their shares.
- You can use the Flowchart available in the website to find out the heirs and their shares.
- Or, you can from what you have learnt till now from this presentation find the shares. I shall discuss the third option. Other two are easy to learn.
- Write down who is alive among balance heirs after excluding one by one.
- Next write down the fixed heirs and the shares against each of them. Only those who are alive are considered.
- Now calculate the shares allotted and the balance remaining.
Now add the fixed shares. You can make 24 as the common denominator for easy calculations. Now three possibilities are there.
- After adding up shares the total is less than unity. Find out the balance share left. Balance goes to those who are eligible for balance share. If males and females are there for balance then divide the balance with each male getting double of one female. If nobody in the balance heirs list then consider Radd. Already discussed.
- After adding fixed share total becomes unity or share adds up to 1 then there is no balance left. Even if there are eligible balance heirs they do not get a share.
- After adding fixed share total becomes more than unity or share adds up to more than 1.There is no balance left but also share value is more than 1 and is not enough to distribute among fixed heirs. Here principle of Awl is applied and shares divided.
If nobody in the balance heirs list then consider Radd excluding Husband or Wife.
If nobody in the fixed heirs and balance heirs except H/W next in the list is Distant Relatives take the balance.
If no Distant relatives then consider H/W for Radd.
Others in the eligible list in the absence of above is listed below image.
Another easy way of calculation is to convert into percentage. Eg; 1/6 when converted into percentage becomes 1/6*100 = 100/6 = 16.67%
This becomes easy for calculations. But be careful when you encounter Awl or Radd.<< Go to Lesson 14 – Special Cases