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Monday 11 November 2013

Law Of Inheritance In Islam


A mean To Bring Accummulaated Wealth Into Circulation

 One Of The Islamic Modes Of Bringing Accumulated Wealth Into Circulation.If A Person Has No Heir Or His Heir Is Untraceable Then He Is Not Allowed To Adopt Any Heir.His Estate Will Go To The Bait-Ul-Mal And Will Serve The Whole Society.


The Estate Of A Deceased Person Shall Be Distributed Among Deceased's Parents,Offspring,Wife Or Husband According To The Prescribed Rate.

The Procedure Follwed To Dispose Off The Estate Shall Be As Follows:
-Firstly The Funeral Expenses Of The Deceased Shall Be Defrayed From The Estate.
-Secondly Debt (If Any) Shall Be Paid.
-Thirdly 1/3 Of The Estate Shall Be Divided According To The Will Of The Deceased.
-The Remaining Estate Shall Be Divided Among The Near Or Distant Kindred According To The Shares Prescribed In The Quran.

CLASSIFICATION OF HEIRS :

Heirs Have Been Classified into Three Categories.

1)ZAWI-AL-FARUZ:

They Include Husband,Father,Real Or Half Brother On The Maternal Side,Grand Father,Wife,Mother,Daughter,Grand Daughter,Real Or Half Sister On The Paternal Side,Real Or Half Sister On The Maternal Side And Grand Mother On The Maternal Side.

2)Asbaaat:

They Include Those Relavtives Who Have Been Declared As Heirs But Their Shares Have Not Been Fixed In The Quran Or Hadith.After Dividing The Shares Of The Zawi-Al-Faruz, The Remainder Should Be Distributed Among The Asbaat.Asbaat Are Of Two Types,
a)Asba Nasbi This Refers To The Deceased's Relatives On The Paternal Side.No Woman Should Intercept The Relation Between The Deceased And This Relative.This Category Include Four Women: (1) Daiughter (2) Grand Daughter (3) Real Sister (4) Half Or Step Sister.The Remainder Are All Male Relatives.
b)This Refers To Captives Taken In War Between An Islamic State And A Non Islamic State.Technical
ly They Are Called Slaves.

3)Zawi-Al-Arham

:They Include Maternal Grand Father,Daughter's Son,Daughter's Daughter,Maternal Uncle,Maternal Aunt And Paternal Aunt.

NON INHERITING RELATIVES:

Step Mother,Step Father,Step Sons Or Daughters,Father In Law,Mother In Law,Wife's Brother Or Sister,Son In Law,Brother's Wife,Aunt,Maternal Uncle,Sister's Husband Do No Inherit Cause Their Blood Relationship Is With A Different Family Which They Inherit.


1 comments:


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