Fiqh of Inheritance Course By Shaikh Suliman Gani

1
Fiqh of Inheritance Course By Shaikh Suliman
Gani
2
Course Details

• Venue Tooting Islamic Centre
• Time Mondays after Isha (8.15pm)
• Teacher Shaikh Suliman Ghani
• Course Notes http//www.IslamicShariah.co.uk

3
Introduction Gaining Knowledge

• O mankind! There has come to you a good advice
  from your Lord, and a healing for that in your
  breasts, a guidance and a mercy for the
  believers. Quran 1057
• The Messenger of Allah (saw) said Seeking Ilm
  (knowledge) is incumbent on every Muslim. (Ibn
  Hajar Al-Asqalani, Al-Matalib al Aliyah)
• This course gives an overview of the Islamic laws
  of inheritance and then describes in detail the
  evidences and shares of the heirs.

4
Why Inheritance?

• Many have begun to ignore the Islamic teachings
  on inheritance and instead have started to follow
  the ways and the practices of non-Muslims, in
  which only a few would receive the inheritance.
• Inheritance is known as Fara-idh', which means
  something that has been fixed, set or determined.
  This branch of knowledge is known as Fara-idh'
  because it has been fixed by Allah in the Quran.

5
Why Inheritance? (continued)

• The Quran mentions wills and inheritance in
  various places. E.g. 2180 47-9, 11-12, 176.
• Indeed I am a man who will be taken away,
  therefore learn Fara-idh and teach it. The time
  of the disappearance of knowledge will come
  close, when two persons will dispute regarding an
  Islamic ruling and they will find no one to
  decide the dispute.
• In another Hadith, the prophet (saw) says, Learn
  Fara-idh and teach it, indeed it is half of
  knowledge. And in another narration the prophet
  (saw) says, It is my way and it is the first
  thing that will be taken away from my Ummah.

6
Inheritance Guidelines

• When a Muslim dies there are four duties which
  need to be performed. These are
• Payment of funeral expenses
• Payment of his/her debts
• Execution his/her will(max 1/3 bequest)
• Distribution of remaining estate amongst the
  heirs according to Shariah

7
Heirs according to the Shariah

• Quranic heirs or sharers (ashab al-furud) when
  entitled to inherit are given their fixed shares
• Remaining estate is inherited by the residuaries
  (asaba). The rights of the asaba were recognised
  by the Prophet Muhammad (SAWS) himself. Abdullah
  ibn Abbas (RA) reported that the
• Prophet Muhammad (SAWS) said, "Give the Faraid
  (the shares of the inheritance that are
  prescribed in the Quran) to those who are
  entitled to receive it. Then whatever remains,
  should be given to the closest male relative of
  the deceased." (Sahih al-Bukhari)

8
Primary Heirs

• The primary (or immediate) heirs are classified
  as
• The spouse (Husband or a maximum of four Wives)
• The children (Sons and Daughters)
• The parents (Father Mother)
• The grandchildren (Sons SON or Sons DAUGHTER
  only. Daughters children are not entitled even if
  the Daughter is deceased.) Applicable only when
  the SON is already deceased only and has
  offspring.

9
Excluding Heirs

• The primary heirs are always entitled to a share
  of the inheritance, they are never totally
  excluded. All remaining heirs can be totally
  excluded by the presence of other heirs. Some
  rules of exclusion are
• A person (e.g. brother) who is related to the
  deceased through another (i.e. father) is
  excluded by the presence of the latter.
• An individual nearer in degree (proximity) to the
  deceased excludes the one who is remoter within
  the same class of heirs. For example son excludes
  all grandsons.
• Full blood excludes half-blood through father (so
  a full brother will exclude a consanguine brother
  but not a uterine brother).
• The absence of some or all of these heirs the
  secondary beneficiaries become Heirs under
  various conditions. In the absence of a
  particular Heir (eg Uncle) if and when he/she is
  entitled the children of that Heir become
  eligible.

10
The Secondary Heirs

• The grandparents (Paternal and Maternal)
• The brothers and/or sisters (In the absence of
  Father and Son only)
• The uncles and/or aunts (In the absence of
  Grandparents only)
• The nephews and/or nieces (In the absence of
  Brothers and Sisters only)

11
Quranic Verses of Inheritance

• It is prescribed for you, when death approaches
  any of you, if he leaves wealth, that he make a
  bequest to parents and next of kin, according to
  reasonable manners. (This is) a duty upon the
  pious (2180)
• There is a share for men and a share for women
  from what is left by parents and those nearest
  related, whether, the property be small or large
  - a legal share. And when the relatives and the
  orphans and AlMasâkin (the poor) are present at
  the time of division, give them out of the
  property, and speak to them words of kindness and
  justice. And let those (executors and guardians)
  have the same fear in their minds as they would
  have for their own, if they had left weak
  offspring behind. So let them fear Allâh and
  speak right words. (47-9)
• And to everyone, We have appointed heirs of that
  (property) left by parents and relatives. To
  those also with whom you have made a pledge
  (brotherhood), give them their due portion (by
  Wasiya wills, etc.). Truly, Allâh is Ever a
  Witness over all things. (433)
• The Quran also briefly describes the process of
  making a bequest, in surah al-Maidah verses
  106-108

12
Quranic Verses (continued)

• Quran contains three main verses, in Surah Nisa
  411, 412 and 4176, which give specific
  details of inheritance shares.
• Allah commands you as regards your CHILDREN
  (inheritance), To the MALE, a portion equal to
  that of TWO FEMALES If (there are) only
  DAUGHTERS, two or more, their share is TWO-THIRDS
  of the inheritance If only one, her share is
  HALF. For PARENTS, a SIXTH share of inheritance
  to EACH if the deceased left CHILDREN If NO
  CHILDREN, and the PARENTS are the (ONLY) heirs,
  the MOTHER has a THIRD If the deceased left
  BROTHERS or (SISTERS), the MOTHER has a SIXTH.
  (The distribution in all cases is) after the
  payment of legacies he may have BEQUETHED or
  DEBTS. You know not which of them, whether your
  parents or your children are nearest to you in
  benefit. (These fixed shares) are ordained by
  Allah. And Allah is Ever All-Knower, All-Wise.
  (411)
•  
• In that which your WIVES leave, your share is a
  HALF if they have NO CHILD But if they leave a
  CHILD you get a FOURTH of that which they leave
  after payment of legacies that they may have
  bequeathed or debts. In that which YOU leave,
  their (YOUR WIVES) share is a FOURTH if you have
  NO CHILD But if you leave a CHILD they get an
  EIGHTH of that which you leave after payment of
  legacies that you may have bequeathed or debts.
  If the MAN or WOMAN whose inheritance is in
  question has left NEITHER ASCENDANTS NOR
  DESCENDANTS (Al-Khalala), but has left a BROTHER
  or a SISTER, EACH ONE of the two gets a SIXTH
  but if MORE THAN TWO, they share in a THIRD
  after payment of legacies he (or she) may have
  bequeathed or debts, so that no loss is caused
  (to anyone). This is a commandment from Allah
  And Allah is Ever All-Knowing, Most-Forebearing.
  (412)
• They ask you for a legal verdict, Say, Allah
  directs (thus) about Al-Khalala (those who leave
  neither ascendants nor descendants as heirs). If
  it is a MAN that dies, leaving A SISTER but NO
  CHILD, SHE shall have HALF the inheritance. If
  (such a deceased was) a woman, who left NO CHILD,
  her BROTHER takes her INHERITANCE. If there are
  TWO SISTERS, they shall have TWO-THIRDS of the
  inheritance If there are BROTHERS and SISTERS,
  the male will have TWICE the share of the
  female.(Thus) does Allah make clear to you (His
  Law) lest you go astray. And Allah is the
  All-Knower of everything. (4176)

13
Husband

• Rule If no entitled descendents exist (i.e.
  Children/Grandchildren) then the husbands shares
  is half, but if there exist entitled descendents
  (i.e. Children/Grandchildren) then the husbands
  share is quarter
• Note Entitled descendents include sons,
  daughters, sons son, sons daughter, but
  daughters children are not entitled.
• Evidence "And for you there is one-half of what
  your wives leave behind if there is no child, but
  if they leave a child then for you there is
  one-fourth of what they leave behind " Quran
  412
• Analysis According to Islamic law the word
  "walad" here is interpreted as child or agnatic
  grandchild. The husband, another Quranic heir,
  inherits one-half in the absence of a child or
  agnatic grandchild and one-quarter in the
  presence of a child or agnatic grandchild.

14
Wife

• Rule If no entitled descendents exist (ie
  Children/Grandchildren) then the wifes shares is
  quarter, but if there exist entitled descendents
  (ie Children/Grandchildren) then the wifes
  share is one eighth
• Note Entitled descendents include sons,
  daughters, sons son, sons daughter, but
  daughters children are not entitled.
• Evidence "And for them one-fourth of what you
  leave behind if you did not have a child, but if
  you have a child then for them one-eighth of what
  you leave behind " Quran 412
• Analysis This statement gives us the ruling on
  the share of the wife (widow). The share of the
  wife is one-quarter in the absence of a child or
  agnatic grandchild and one-eighth in the presence
  of a child or agnatic grandchild. Two or more
  wives share equally in this prescribed share.

15
Daughter

• Rule If there is only one daughter and no sons
  then the daughters share is half. If there are
  two or more then their combined share is two
  thirds, and is to be shared equally between all
  of them.
• Evidence "If (there are) women (daughters) more
  than two, then for them two thirds of the
  inheritance and if there is only one then it is
  half." Quran 411
• Analysis If the child is a girl, by default
  then she will be entitled to half the estate
  after covering funeral costs and debts. Women in
  this context refers to daughters. The Quran gives
  the daughter a specific share.

16
Share of Sons and Daughters

•  Rule If there are both sons and daughters to
  inherit, they are entitled to the entire residue
  of the inheritance after all other shares have
  been removed, as well as debts, funeral expenses
  and the bequeathed will. The sons and daughters
  share is divided in the ratio of 21
  respectively. If there exist only sons then the
  remainder of the estate is to be shared equally
  between all of them.
• Evidence "Allah commands you regarding your
  children. For the male a share equivalent to that
  of two females. Quran 411
• Analysis This main principle which the Quran
  lays down refers to males and females of equal
  degree and class. This means that a son inherits
  a share equivalent to that of two daughters, a
  full (germane) brother inherits twice as much as
  a full sister, and a sons son inherits twice as
  much as a sons daughter and so on. This
  principle is however, not universally applicable
  as we shall see later in verse 412 the
  descendants of the mother notably the uterine
  brother and uterine sister inherit equally as do
  their descendants.

17
Exercise

• If the son is the only heir to a father who
  leaves an estate of 20000, what is the sons
  share of inheritance?

18
Answer

• If the child is in reality the only heir as
  mentioned in the question, then if he is a boy,
  he will be entitled to the entire estate by
  default after covering funeral costs, paying off
  debts and executing the will, which may have
  bequeathed up to 1/3 of the remaining estate
  (after covering the abovementioned two expenses).

19
Parents

• RULE
• If entitled descendents exist (i.e. sons,
  daughter, sons sons, sons daughter) then each
  parents share is 1/6.
• If no male descendents exist then the fathers
  share is 1/6 plus the residue. If there are no
  entitled descendents then the fathers share is
  the entire residue.
• If no entitled descendent exist, then there are
  two scenarios. Firstly, if there are no
  brother/sisters, no father, and no spouse then
  the mother gets a third. The second scenario is
  if the brothers, sisters, father and spouse exist
  then the mother is entitled to a third of the
  residue.
•  
• Evidence "And for his parents for each of them
  there is one-sixth of the inheritance if he has a
  child, but if he does not have a child and the
  parents are the heirs then for the mother
  one-third." Quran 411

20
Exercise

• What are the shares if a woman dies leaving
  behind a husband and both parents as the only
  heirs.

21
Answer

• Answer The husband inherits one-half of the
  estate there is no argument on this point.
  However, if we give the mother a one-third share
  then the father is left with only one-sixth.
  Should the male (father) not get twice the share
  of the female (mother) of equal degree and class?
• This problem arose during the caliphate of Umar
  ibn Khattab (RA). After consultation with the
  learned companions the majority opinion was that
  the father should get twice the share of the
  mother, that is to say, the principle that the
  male inherits the share of two females is upheld.
  The father therefore, inherits one-third and the
  mother one-sixth
• In light of this ruling the sentence of verse
  411 on this matter which reads, "...but if he
  does not have a child and the parents are the
  heirs then for the mother one-third." is
  interpreted to mean, "...but if he does not have
  a child and the parents are the (only) heirs then
  for the mother one-third."

22
Uterine Brother or Sister

• DEFINITON A uterine sibling is defined as one
  from same mother but with different father.
• RULE If one uterine brother or sister exists
  then there are number of scenarios
• If no entitled descendents exist and no male
  ascendants (i.e. Father/Fathers Father etc) then
  they inherit 1/6.
• If two or more uterine brothers or sisters exist
  and also there are no entitled descendents and no
  male ascendants (i.e. Father/Fathers Father
  etc.) then all uterine brothers and sisters
  inherit 1/3.
• If there are uterine Brothers/Sisters in addition
  to the full Brothers/Sisters (same
  father/mother), then they share in the residue.
• Evidence "And if a kalala man or woman (one who
  has neither ascendants nor descendants) is
  inherited from, and he (or she) has a (uterine)
  brother or (uterine) sister then for each of them
  (there is) one-sixth. But if they (uterine
  brothers and sisters) are more than that then
  they are sharers in one-third (equally)." Quran
  412

23
Sons Children

• In the absence of any daughters, their ruling is
  applicable to agnatic granddaughters (son's
  daughters). The agnatic granddaughter has been
  made a Quranic heir (sharer) by Muslim jurists by
  analogy.
• RULE
• In the case of only one grand daughter, no
  grandsons and no daughters, then her share is
  half.
• In the case of two or more grand daughters, no
  grandsons and no daughters, then their share is
  divided equally from 2/3.
• With granddaughter(s) and grandson(s) and no
  daughters, then the grandsons and grand daughters
  share is divided in the ratio of 21
  respectively.
•  
• Two or more daughters will totally exclude any
  granddaughters. If there is one daughter and
  agnatic granddaughters, the daughter inherits
  one-half share and the agnatic granddaughters
  inherit the remaining one-sixth, making a total
  of two-thirds.

24
Brothers and Sisters

• DEFINITON Full Brother/Sisters are
  brothers/sisters from the same FATHER MOTHER
•  
• RULE  
• If no full brother and no female entitled
  descendents exist (daughter, sons daughter etc.)
  then is the deceased was a male and leaves one
  full sister she inherits half the share. If he
  leaves more than one sister, then their share is
  divided equally from 2/3.
•  
• If no full sister and no female entitled
  descendents exist (daughter, sons daughter etc.)
  then is the deceased was a female and leaves one
  full brother he inherits the entire share.
•  
• With brother(s) and sisters(s) then their share
  is divided in the ratio of 21 respectively.
•  
• If no full brother, but female entitled
  descendents exist (daughter, sons daughter etc.)
  then is the deceased was a male and leaves one
  full sister she inherits 1/6.
•  
• If no full sister, but female entitled
  descendents exist (daughter, sons daughter etc.)
  then is the deceased was a female and leaves one
  full brother he inherits 1/6.
•  
• With brother(s) and sisters(s) then their share
  of 1/3 is divided in the ratio of 21
  respectively.

25
Consanguine Sibling

• DEFINITON Consanguine siblings are those from
  the father but different mother.
•  
• RULE
• If there is only one full sister and no
  consanguine brother then the a single consanguine
  sister will inherit half and if there are two or
  more consanguine sisters then shall receive equal
  shares from 2/3 share.
•  
• If there is only one full sister and consanguine
  brother(s) then their share is divided in the
  ratio of 21 respectively.
•  
• Note Consanguine Sisters inherit only when there
  are no son, no father, and no full brother.

26
True Grandmother

• DEFINITON True Grandmother is the one whose line
  of connection with the deceased is not
  interrupted by a male between two females. E.g.
  Mothers mother, Fathers mother, Fathers
  Fathers mother, Mothers Mothers mother.
• RULE They are entitled only if the father or
  mother do not exist and their share is 1/6.

27
True Grandfather

• DEFINITON True Grandfather is the one whose line
  of connection with the deceased is not
  interrupted by a female between two males. They
  are entitled only if the Father or Mother do not
  exist.
• E.g. Fathers father, Fathers Fathers father,
  Mothers father, Mothers Fathers father.
• RULE
• If male descendents exist (i.e. son etc) then the
  true grandfathers share is 1/6.
• If female descendents exist then the true
  grandfathers share is 1/6 and the residue.
• If there are no male or females descendents then
  the true grandfathers share is the residue.

28
Uncles Aunts Fathers/Mothers Brothers
Sisters)

• Uncles and Aunts are only entitled in the absence
  of grandparents. This means that they will
  receive shares only if there are no parents and
  grandparents because grandparents do not inherit
  when the parents are living. They will also not
  inherit if the children (or childrens children)
  of the deceased are living. Proportions for males
  and females are in ratio of 21.

29
Nephew Nieces (Children of Brothers/Sisters)

• Nephews and Nieces are only entitled in the
  absence of Brothers and Sisters. This means that
  they take the shares of the Brothers/Sisters of
  the deceased in their absence. Hence a
  Nephew/Niece will receive what his/her parent
  (Brother/Sister of the deceased) would have
  received if he/she was alive. They will also not
  inherit if the children (or childrens children)
  of the deceased are living. Proportions for males
  and females are in ratio of 21.

30
Non-Muslims

• Usama ibn Zayd (Allah be pleased with him)
  related that the Prophet (Allah bless him give
  him peace) said, A believer does not inherit
  from an unbeliever, and an unbeliever does not
  inherit from a believer. Bukhari and Muslim
• Generally speaking, and this is also the majority
  view, a Muslim cannot inherit from a non-Muslim.
  Although the Hanafi fiqh does allow a Muslim to
  inherit from an apostate.
• This is why Imam al-Tumurtashi stated, among the
  four things that prevent inheritance, And
  difference in religion. Imam al-Haskafi
  explained this as, "Between a Muslim and
  non-Muslim." al-Durr al-Mukhtar ala Tanwir
  al-Absar, 6 727

31
The Murderer

• Allah's Messenger (SAWS) said, "One who kills a
  man cannot inherit from him." (Tirmidhi and Ibn
  Majah)
• All the jurists agree that intentional or
  unjustifiable killing according to Shariah is a
  bar to inheritance because if such people are
  allowed to kill and then benefit from the estate
  of the victim, it will encourage incidents of
  homicide.

32
The Illegitimate Child

• It should be noted that only relatives with a
  legitimate blood relationship to the deceased are
  entitled to inherit from the deceased under
  Islamic law. Thus, illegitimate children
  according to Islamic law and adopted children
  have no part in inheritance. Incidentally legal
  adoption as practised in the west is forbidden in
  Islam.

33
Guide to Making Your Will

• Find an executor.
• Look for a Muslim scholar who can give you the
  correct understanding of how the shares need to
  be divided. Inform this scholar that the executor
  will contact him at the time of your death to
  consult him about how to divide up your estate
  Islamically, burial and funeral arrangements, and
  any other issue that has to be clarified from an
  Islamic perspective with regards to your will.
• Find two witnesses to your will.

34
Writing the Will

• State that you revoke any previous wills you have
  made.
• Mention the names of the people you want to
  execute your will.
• The guardianship of your children.
• The funeral and your burial.
• Executor of the will has to pay off all debts
  first.
• If one wishes to donate part of the estate to an
  Islamic charity this can be done through a will.
  However, Islamically one should not donate more
  than one-third of the estate to charity.
• Say this will is going to deal with all of your
  property. From the estate the funeral expenses,
  debts, and bequest must be covered.
• Following this, what remains will be divided up
  amongst relatives. This must be distributed
  according to Islamic law in consultation with the
  aforementioned Islamic scholar.
• Sign last page. The witnesses should do the
  same.
• Put the original copy of your will in a safety
  deposit box. Give copies of the will to its
  executors.

35
Any Questions?