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15. Inheritance (1)

The document outlines the principles of inheritance under Islamic law, emphasizing the rights of legal heirs to receive property after a person's death. It details the importance of inheritance, the objects to be addressed such as funeral expenses and debts, and various principles including birth rights, distribution methods, and the rights of women and children. Additionally, it lists the sharers of inheritance and concludes by affirming the structured approach to property distribution according to Islamic regulations.

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Abdul Rehman Razaq
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9 views

15. Inheritance (1)

The document outlines the principles of inheritance under Islamic law, emphasizing the rights of legal heirs to receive property after a person's death. It details the importance of inheritance, the objects to be addressed such as funeral expenses and debts, and various principles including birth rights, distribution methods, and the rights of women and children. Additionally, it lists the sharers of inheritance and concludes by affirming the structured approach to property distribution according to Islamic regulations.

Uploaded by

Abdul Rehman Razaq
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Q # 15: What are the general principles of inheritance?

1. Introduction
 Under the Islamic rules of law the concept of inheritance is meant where a legal heir of the
deceased person is entitled to receive the property of deceased which he has left behind him
either by will or by operation of law. After the death of a Muslim his properties are used for
the payment of funeral expenses, returning of debts and the legacies, after these payments
the remaining property is called heritable property"

2. Definition of guardian
 The term inheritance is referred, when someone lawfully receives property upon the death of
his relative as his legal heir even without a will

3. Importance of inheritance in Islam


Following Hadith shows the importance of inheritance in the Islam.

 Hazrat Anas (R.A) related that the Prophet (P.B.U.H) said:“ If anyone deprives an heir of
his inheritance, Allah will deprive him of his inheritance in Paradise on the Day of
Restoration.” (Suna Ibn Majah)

4. Objects of inheritance
Following are the objects of the inheritance under Islamic law. When a Muslim dies there are
four duties which need to be performed by heirs.

1. Funeral and burial expenses


 It is the main object of the inheritance is that expenses of funeral and burial to be paid
from the property of the deceased

2. Clearance of debts
 It is the second object of the inheritance is that all debts of the deceased to be paid from
the property of the deceased

3. Determination of will
 It is third and important object of the inheritance is that a will to be determined if it was
made by the deceased during his life time (which can only be a maximum of one third of
the property).

4. Distribution of remainder property


 It is fourth and last object of the inheritance is that remainder of the property of the
deceased to be distributed among the relatives of the deceased according to Shariah
Law
5. Principles of inheritance
Whenever a Muslim dies, all his property will be inherited by his legal heirs. Subsequently, on
the death of every such legal heir, following are some principles of inheritance.

1. Birth right
 Newly born child is not entitled to get right of inheritance on his birth. He cannot get this
right until the death of his ancestor. After the death of ancestor, he can become a legal
heir and is entitled to get a share in property of deceased.

2. Doctrine of Representation
 Under this doctrine, if during the lifetime of an ancestor, his legal heir dies but leaves
latter heirs behind him; in this case such heir will get entitled to receive the share of the
property of deceased as he is representing his immediate generation.

3. Per capita distribution


 Method of per capita distribution of property is used under the Sunni law, according to
this method; the property of deceased person is equally distributed among the heirs.
That’s why; the shares of each person depend on the number of heirs.

4. Per strip distribution


 Method of per strip distribution of property is used under the Shia law, according to this
method, the property of deceased person is not equally distributed among the heirs.
That’s why; the shares of each person are not equal.

5. Female’s right of inheritance


 Under the Muslim law, there is no difference between the inherited rights of men and
women on the death of their ancestor. However, there is a general rule that the amount
of share of female heir is half of the male heir. The justification of this rule that the
female shall receive dower and maintenance from her husband after her marriage.

6. Rights of a childless widow and widow


 Under the Shia law, a Muslim widow who does not have any children shall be entitled to
inherit one – fourth share of property of deceased husband. But, a widow who has
children is entitled to one – eighth of the deceased husband’s property.

Note: if a Muslim man who get married during a period of his illness and dies
without having sexual intercourse, in such case the widow shall not be entitled to inherit
on the property of deceased husband.

7. Child’s right of inheritance in womb


 Under the Muslim Law, a child in the womb can only be entitled to the share in property
of deceased if he is born alive. But if he is born dead in this case his right will be abolish
with him and it will be presumed that this right never existed.

8. Step children’s right of inheritance


 Under the Islamic law, the step children are not entitled to get the right of inheritance
after the death of their deceased step parents.

Example: If a Muslim who marries with a widow and a widow has a son from
her previous husband, in this case son of a widow is a step son for her husband

9. Escheat
 Under the Islamic rules of law, if a person dies without leaving any heirs behind him in
this case the property of such person will go under the control of existing government
and state will become the legal heir of deceased property.

6. Sharer of inheritance
Following are the sharers of inheritance

1. Husband,
2. Wife,
3. Daughter,
4. Son
5. Father,
6. Father of father
7. Mother,
8. Mother of mother
9. Full sister
10. Consanguine sister
11. Uterine sister
12. Uterine brother.

7. Conclusion
 To conclude I can say that Islamic rules of law provided rules for inheritance and principles
which helps distribution and usage of the property of a deceased person after his death. Also
tells us about the sharers that who may be share such property or who may be not. And
throws light on the objects of distribution of such property according to rules and regulations
of law.

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