Inheritance. Lesson 15. Islamic Laws of. Special cases: o Himariya case o Son s Son No Share criticism o Common problems o Workup of a case

Transcription

1 Lesson 15 Special cases: o Himariya case o Son s Son No Share criticism o Common problems o Workup of a case Islamic Laws of Inheritance Dr. Assaina Beary

2 Lesson 15 o In this lesson some Special cases are taught. 1. Umeriyya or Al Gharraiyya - Already discussed under Mother as special case. 2. Al Himariya 3. Al Khurraqa - Already discussed under grand father 2

3 Special cases - Himariya The case was brought to Umer (R.A). A lady died leaving H, M, 2 Bu, 2Bf As per the general rule Umer(R.A) divided the share as H = 1/2, M = 1/6, 2Bu = 1/3, 2Bf = bal = 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

4 Special cases - Himariya Here brother full had 2 advantages over uterine brothers. 1. 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. 2. 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.

5 Special cases - Himariya 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.

6 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

7 Son s Son No Share Criticism Solutions 1. Father can gift the son s son property during his life time itself.-importance of charity to orphans and close blood relatives. 2. It is father s duty to look after his predeceased son s son- importance of family ties in Islam. 3. Father can make waseeyat up to 1/3 of property.-must on muttaqeen. 4. After father s death even the living heirs can donate a part of the property. Sura a-nnisa ayah 8

8 Son s Son No Share Quran and sunnah calls upon believers to take care of the near relatives and orphans و اع ب د وا الل ه و لا ت ش ر ك وا ب ه ش ي ي ا و ب ال و ال د ي ن إ ح س ان ا وب ذ ي ال ق ر بى و ال ي ت ام ى و ال م س اك ين و الج ا ر ذ ي ال ق ر بى و الج ار الج ن ب و ال صاح ب ب الج نب و اب ن ال سب يل و م ا م ل ك ت أ يم ان ك م إ ن الل ه لا يح ب م ن ك ان مخ ت الا ف خ ور ا 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; { Quran 4:36 }

9 Son s Son No Share Quran and sunnah calls upon believers to take care of the near relatives and orphans ي س ا ل ون ك و ال م ساك ين و اب ن ال سب يل و م ا م اذ ا ي نف ق ون ق ل م ا أ نف ق ت م من خ ير ف ل ل و ال د ي ن و الا ق ر ب ين و ال ي ت ام ى ت ف ع ل وا م ن خ ير ف ا ن الل ه ب ه ع ل يم 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. { Quran 2:215 }

10 Son s Son No Share Quran and sunnah calls upon believers to take care of the near relatives and orphans ل ي س ال بر أ ن ت و ل وا و ج وه ك م ق ب ل ال م ش ر ق و ال م غ ر ب و ل ك ن ال بر م ن آم ن ب الل ه و ال ي و م الا خ ر و ال م لا ي ك ة و ال ك ت اب و الن ب ي ين و آت ى ال م ال ع ل ى ح ب ه ذ و ي ال ق ر بى و ال ي ت ام ى و ال م س اك ين و اب ن ال سب يل و ال سا ي ل ين و في ال رق ا ب و أ ق ام ال صلاة و آت ى ال زك اة و ال م وف ون ب ع ه د ه م إ ذ ا ع اه د وا و ال صاب ر ين في ال ب ا س اء وال ض راء وح ين ال ب ا س أ ول ي ك ال ذ ين ص د ق وا و أ ول ي ك ه م ال م ت ق و ن { Quran 2:177 }

11 Son s Son No Share Quran and sunnah calls upon believers to take care of the near relatives and orphans 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. { Quran 2:177 }

12 Son s Son No Share Quran and sunnah calls upon believers to take care of the near relatives and orphans و آت ذ ا ال ق ر بى ح قه و ال م س ك ين و اب ن ال سب يل و لا ت ب ذر ت ب ذ ير ا 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. { Quran 17:26 }

13 Son s Son No Share Quran and sunnah calls upon believers to take care of the near relatives and orphans ف ا ت ذ ا ال ق ر بى ح قه و ال م س ك ين و اب ن ال سب يل ذ ل ك خ ي ر ل ل ذ ين ي ر يد ون و ج ه الل ه و أ و ل ي ك ه م ال م ف ل ح و ن 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. { Quran 30:38 }

14 Son s Son No Share Quran and sunnah calls upon believers to take care of the near relatives and orphans ل ل رج ال ن صي ب مم ا ت ر ك ال و ال د ان و الا ق ر ب ون و ل لن س اء ن ص يب مم ا ت ر ك ال و ال د ان و الا ق ر ب ون مم ا ق ل م ن ه أ و ك ث ر ن ص يب ا مف ر وض ا و إ ذ ا ح ض ر ال ق س م ة أ و ل وا ال ق ر بى و ال ي ت ام ى و ال م س اك ين ف ار ز ق وه م من ه و ق ول وا له م ق و لا مع ر وف ا و ل ي خ ش ال ذ ين ل و ت ر ك وا م ن خ ل ف ه م ذ ري ة ض ع اف ا خ اف وا ع ل ي ه م ف ل ي ت ق وا الل ه و ل ي ق ول وا ق و لا س د يد ا { Quran 4:7,8,9 }

15 Son s Son No Share Quran and sunnah calls upon believers to take care of the near relatives and orphans 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). { Quran 4:7,8,9 }

16 Son s Son No Share Criticism 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

17 No share 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.

18 No share 1. Son s son if son is there. 2. Son s daughter if 2D. 3. Brothers/sisters if TGF (Hanafi). 4. Daughtrs children whereas son s children get. 5. Brothers/sisters if son/father is there. 6. Bc if Bf is there. 7. Sc if 2Sf is there/bf /Sf+D. 8. Sisters children. 9. Brother s daughters. 10. Al Himariya case H,M,2Bu,Bf. 11. Many other cases where shares get exhausted with no balance.

19 Sad Affairs 1. Single family system with head of family concept lost. 2. Each one now thinks like copying others concept : self- wife children 3. Close, blood ties, relations neglected. 4. Inheritance rules gone to dust bin even from well learned people. 5. 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. 6. Finding loopholes to protect one s property from going to heirs. 7. Raising unnecessary questions about Islamic law of inheritance without actually knowing them.

20 Sad Affairs - Answers 1. Learn the law of inheritance and spread among people 2. Educate people about inheritance laws and seriousness of the problem if not implemented. 3. Spread the message among common people and learned people. 4. To remember that money and property belongs to Allah 5. Spend and distribute as per His rules.

21 Common Problems o Ownership Shares are not specified. o Property is not divided after death. o Dowry has become routine affair. o Misconception that if dowry is given no share for daughters. o Haram is consumed unknowingly. o Orphan s wealth is consumed unknowingly. o Gifts are given to avoid property going to heirs.

22 Common Problems - Solutions o Specify Ownership Shares in joint ownerships even if it is in the same family. o Divide the property after death. o Discourage Dowry and educate people that it is unislamic and encourage Mehr. o Educate that Haram may be consumed unknowingly. o Educate that Orphan s wealth may be consumed unknowingly. o Educate that if Gifts are given to avoid property going to heirs it is prohibited.

23 Work up of a case After learning the Laws of inheritance it is time to apply it into practical use. When a person dies, 1. Funeral expenses to be met with, 2. Debts of the person is to be cleared from his assets, 3. 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?

24 Work up of a case How to find out? You can use the Ready Reckoner to find out the heirs and their shares. You can also use the flow chart in power point presentation to find out the heirs and the shares. Or you can from what you have learnt till now from this course find the shares. I shall discuss the third option. Other two are easy to learn

25 Work up of a case 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.

26 Work up of a case Find out the balance heir. The first living person in the list. S SS SSS F TGF BF

27 Work up of a case Write the shares of living fixed heirs H/W F M TGF TGM D SD Sf Sc Su Bu

28 Work up of a case Now add the fixed shares. You can make 24 as the common denominator for easy calculations. Now three possibilities are there. 1. 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.

29 Work up of a case 2. 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. 3. 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.

30 Work up of a case o If nobody in the balance heirs list then consider Radd excluding Husband or Wife. o If nobody in the fixed heirs and balance heirs except H/W next in the list is Distant Relatives take the balance. o If no Distant relatives then consider H/W for Radd. o Others in the eligible list in the absence of above is listed in next slide.

31 Order of heirs 1. Funeral Fixed Heirs Balance Heirs 1 Death Property 1.Son (with daughter) 2. Debts 2 1.Husband 2.Son s son.(sd) 3. Waseeyat 1/3 2.Wife 3.Father 3.Father 3 4.Mother 4.Grand father 5 5.Grand father 6.Grand mother 7.Daughter 8.Son s daughter 5.Brother full 6.Sister full (if D/SD) 7.Brother Consang 8.Sister consang (if D/SD) Distant relations 9. Sister full 9.Brother full s son 10.Sister Consang. 4 Radd 10.Brother cons. Son Sister uterine 11.Paternal uncle full Husband /Wife 7 12.Brother uterine 12.Paternal uncle cons 13.Pat.uncle full s son 14.Pat.uncle cons s son.. One who freed the slave 8 Acknowledged kinsmen 9 One who was given 1/3 waseeyat 10 Baithul mal

32 Work up of a case 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.

33 Calculation W, 5D, 3Sf, 2Bc, 5BfS W = 1/8, 5D = 2/3, 3Sf = Balance 2Bc = NIL, 5BfS = NIL Total = 1/8 + 2/3 + b Total = 3/ /24 + b Total = 19/24 + b So, b = 5/24 W = 3/24 5D = 16/24, 1D = 16/(24*5) = 16/120 3Sf = 5/24, 1Sf = 5/(24*3)= 5/72 If property is 24 lakhs W = 3 lakhs,1d = 3.2 lakhs 1Sf = 1.66 lakhs

34 Calculation F,M,2S,3D F = 1/6, M = 1/6, 2S + 3D = balance Total = 1/6 + 1/6 + b Total = 2/6 + b So b = 4/6 2S + 3D = 4/6 2 Sons will take 2 shares each (2x2) + 3 Daughters will take 1 each (3x1) (2x2) + (3x1) = 7 So Son will take, S = 2/7 of 4/6 = 8/42 and D = 4/42 F = 1/6 = 7/42, M = 7/42, S = 8/42, D = 4/42

35 A part of the chart is shown here Ready Reckoner

36 Ready Reckoner What is this Ready Reckoner about? The whole of Islamic law of succession has been put in a tabular form. Anybody s share can be found out using the reckoner, even if you don t know the rules. It differs from existing charts. It is in a unique form.

37 Ready Reckoner Salient features of this Ready Reckoner are: You need not know the heirs, it leads you to the heirs All rules can be taught It is easy unlike other charts Once it is learnt chart can be reduced to 1/2 page How to find the share using the chart?

38 Ready Reckoner First row gives the names of the fixed share heirs. The rows below give the shares at different occasions of these fixed heirs. Fixed Heirs

39 Ready Reckoner o The first column mentions who are balance heirs and Radd. o The second column gives the names of persons eligible for balance shares. The names are in order. o The first living person in the list when you go down from top is the person taking the balance share. In the absence of the person above in the list next person will take the balance. And the persons below will be excluded from the share.

40 Ready Reckoner o For share calculations you allot the shares of fixed heirs and whatever is balance the person eligible for balance will take. o But in this Reckoner, you will find out the person taking the balance share first and then see the shares of fixed heirs. After this you allot the share to fixed heirs and remaining is given to the balance heirs o Each row gives the share of fixed heirs at different occasions. At certain boxes instead of shares letter or symbols are given. You have to refer to the notes corresponding to the symbol.

41 Step 1 o See who is alive in the second column when you go down from top. o Or else ask the question to yourself Is son alive, Is son s son alive Is father alive If the answer is yes do not go down further Whoever is alive first in the list will take the balance share And all below in the list are excluded for balance except true grand father as balance With brothers or sisters

42 Ready Reckoner The first column mentions who are balance heirs and Radd.

43 Step 2 o Once you know the balance heir your job is to find a single row among few rows attached to the balance heir box. o Each balance heir box is with few rows attached to it. To find a single row corresponding to your case in question, go to the third column. o If Son is the balance heir then in the third column see only if F is alive or not. See which row suits the deceased.

44 If Son s son is the balance heir Ready Reckoner

45 Ready Reckoner Lower to Son s son as balance heir you have to see only if daughters and their numbers or son s daughters and their numbers or Sf or Sc

46 Ready Reckoner Third column attached to the box you found. Here you have to see the number of daughters/ son s daughters/ full sisters/ consanguineous sisters..(except for son and son s son as balance) See which row suits your case. Eg. Single daughter first row Two or more daughters second row No D + single son s daughter - 3 rd row No D + 2 or more SD - 4th row

47 Step 3 Now see the shares given in this row. If any symbols are given see the attached explanation. If the person is not alive you need not consider the share # means person is not alive 0 means even if alive no share

48 Ready Reckoner Now we have found the balance heir and all the fixed share heirs. Calculate the fixed shares and whatever is balance will be given to the balance heirs found in step 1and to the fixed heir marked as b.

49 Ready Reckoner Radd = if the shares for fixed heirs are given and there is nobody among the balance heirs list to take the balance then balance is returned to the living fixed heirs according to their ratio of shares. This is called radd. Only 8 people among balance heirs are eligible. Awl = If the share calculations during the fixed share allotment comes to more than one or unity then denominator is increased to that of numerator and share is divided.

50 Ready Reckoner o If more than one person is there for a share then divide the share equally between them. Eg. Son there may be more than 1 sons. o If males and females are there for balance shares then male will get double that of one female o Exception to this rule is maternal half sisters and brothers where they divide equally between them.

51 Conclusion Man has the strange desire for wealth, property. He acquires it without realising that it is given by Allah. He withholds it till he reaches the grave. Even after his death people fall into disputes over the property. Whereas in fact Allah is the Owner of everything and we have been prescribed the ways in which we disburse it during lifetime as well as after death.

52 Conclusion أ له اك م الت ك اث ر ح تى ز ر تم ال م ق اب ر 1. The mutual rivalry for piling up of worldly things diverts you, 2. Until you visit the graves (i.e. till you die). { Quran 102:1,2 }

53 Allah is the absolute owner In Islam Allah is the absolute owner of the property. و ل ل ه م ا في ال سم او ات و م ا في الا ر ض ل ي ج ز ي ال ذ ين أ س اؤ وا بم ا ع م ل وا و يج ز ي ال ذ ين أ ح س ن وا ب الح س نى To Allah belongs all that is in the heavens and on earth: so that He rewards those who do evil, according to their deeds, and He rewards those who do good, with what is best. { Quran 53:31 }

54 Allah is the absolute owner أ لم ت ع ل م أ ن الل ه ل ه م ل ك ال سم او ات و الا ر ض و ما ل ك م من د ون الل ه م ن و لي و لا ن ص ير Don t you know that to Allah belongs the dominion of the heavens and the earth? And besides Him you have neither patron nor helper. { Quran 2:107}

55 Allah is the absolute owner ل ل ه ما في ال سم اوات و م ا في الا ر ض و إ ن ت ب د وا م ا في أ نف س ك م أ و تخ ف وه يح اس ب ك م ب ه الل ه ف ي غ ف ر ل م ن ي ش اء و ي ع ذب م ن ي ش اء و الل ه ع ل ى ك ل ش ي ء ق د ير To Allah belongs all that is in the heavens and on earth. Whether you show what is in your minds or conceal it, Allah Calls you to account for it. He forgives whom He wills, and punishes whom He wills, for Allah hath power over all things. { Quran 2:284 }

56 Allah is the absolute owner ل ه م ق ال يد ال سم او ات و الا ر ض ي ب س ط ال رز ق ل م ن ي ش اء و ي ق د ر إ ن ه ب ك ل ش ي ء ع ل ي م To Him belong the keys of the heavens and the earth: He enlarges and restricts. The Sustenance to whom He will: for He knows full well all things. { Quran 42:12 }

57 Man is only a trustee Man is only a trustee to manage the property as per sharia law prescribed by the Creator. آم ن وا ب الل ه و ر س ول ه و أ نف ق وا مم ا ج ع ل ك م مس ت خ ل ف ين ف يه ف ال ذ ين آم ن وا م نك م و أ نف قوا له م أ ج ر ك ب ير Believe in Allah and His apostle, and spend (in charity) out of the (substance) whereof He has made you heirs. For, those of you who believe and spend (in charity),- for them is a great Reward. { Quran 57:7 }

58 Everything belongs to Allah Everything belonging to a believer including his life belongs to Allah إ ن الل ه اش ت ر ى م ن ال م و م ن ين أ نف س ه م و أ م و اله م ب ا ن له م الج ن ة ي ق ات ل ون في س ب يل الل ه ف ي ق ت ل ون و ي ق ت ل ون و ع د ا ع ل ي ه ح ق ا في الت و ر اة و الا نج يل و ال ق ر آن و م ن أ و فى ب ع ه د ه م ن الل ه ف اس ت ب ش ر وا ب ب ي ع ك م ال ذ ي ب اي ع ت م ب ه و ذ ل ك ه و ال ف و ز ال ع ظ يم Allah has purchased of the believers their persons and their goods; for theirs (in return) is the garden (of Paradise): they fight in His cause, and slay and are slain: a promise binding on Him in truth, through the Law, the Gospel, and the Qur'an: and who is more faithful to his covenant than Allah. then rejoice in the bargain which ye have concluded: that is the achievement supreme. { Quran 9:111 }

59 Wealth to be managed by Sharia law How the wealth and property is to be managed is governed by divine laws in sharia 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. ل ي س ال بر أ ن ت و ل وا و ج وه ك م ق ب ل ال م ش ر ق و ال م غ ر ب و ل ك ن ال بر م ن آم ن ب الل ه و ال ي و م الا خ ر و ال م لا ي ك ة و ال ك ت اب و الن ب ي ين و آت ى ال م ال ع ل ى ح ب ه ذ و ي ال ق ر بى و ال ي ت ام ى و ال م س اك ين و اب ن ال سب ي ل و ال سا ي ل ين و في ال رق اب و أ ق ام ال صلاة و آت ى ال زك اة و ال م وف و ن ب ع ه د ه م إ ذ ا ع اه د وا و ال صاب ر ين في أ ول ي ك ال ذ ين ص د ق وا و أ ول ي ك ه م ال ب ا س اء وال ض راء و ح ين ال ب ا س ال م ت ق و ن Such are the people of truth, the Allah fearing. { Quran 2:177 }

60 Wealth to be managed by Sharia law How the wealth and property is to be managed is governed by divine laws in sharia و اع ب د وا الل ه و لا ت ش ر ك وا ب ه ش ي ي ا و ب ال و ال د ي ن إ ح س ان ا وب ذ ي ال ق ر بى و ال ي ت ام ى و ال م س اك ين و الج ار ذ ي ال ق ر بى و الج ار الج ن ب و ال صاح ب ب الج نب و اب ن ال سب ي ل و م ا م ل ك ت أ يم ان ك م إ ن الل ه لا يح ب م ن ك ان مخ ت الا ف خ ور ا 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 loves not the arrogant, the vainglorious;- { Quran 4:36 }

61 Wealth to be managed by Sharia law و لا يح س بن ال ذ ين ي ب خ ل ون بم ا آت اه م الل ه م ن ف ض ل ه هو خ ي ر ا له م ب ل ه و ش ر له م س ي ط وق ون م ا بخ ل وا ب ه ي و م ال ق ي ام ة و ل ل ه م ير اث ال س ماو ات و الا ر ض و الل ه بم ا خ ب ير ت ع م ل و ن And let not those who covetously withhold of the gifts which Allah Has given them of His Grace, think that it is good for them: No, it will be the worse for them: soon shall the things which they covetously withheld be tied to their necks Like a twisted collar, on the Day of Judgment. To Allah belongs the heritage of the heavens and the earth; and Allah is well-acquainted with all that ye do. { Quran 3:180 }

62 Wealth to be managed by Sharia law ال ذ ين ي ب خ ل ون و ي ا م ر ون الن اس ب ال ب خ ل و ي ك ت م ون م ا آت اه م الل ه م ن ف ض ل ه و أ ع ت د ن ا ل ل ك اف ر ين ع ذ اب ا مه ين ا (Nor) those who are niggardly or enjoin niggardliness on others, or hide the bounties which Allah hath bestowed on them; for We have prepared, for those who resist Faith, a punishment that steeps them in contempt;- { Quran 4:37 }

63 Wealth to be managed by Sharia law Zakath إ نم ا ال صد ق ات ل ل ف ق ر اء و ال م س اك ين و ال ع ام ل ين ع ل ي ه ا وال م و ل ف ة ق ل وب ه م و في ال رق اب و ال غ ار م و اب ن ال سب يل ف ر يض ة من الل ه و الل ه ع ل يم ح ك يم ين و في س ب يل الل ه Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to Truth); for those in bondage and in debt; in the cause of Allah. and for the wayfarer: (thus is it) ordained by Allah, and Allah is full of knowledge and wisdom. { Quran 9:60 }

64 Wealth to be managed by Sharia law Zakath إ ن ال ذ ين آم ن وا و ع م ل وا ال صالح ات و أ ق ام وا ال صلا ة و آت وا ال زك اة له م أ ج ر ه م ع ند ر م و لا خو ف ع ل ي ه م و لا ه م يح ز ن ون Those who believe, and do deeds of righteousness, and establish regular prayers and regular charity, will have their reward with their Lord: on them shall be no fear, nor shall they grieve. { Quran 2:277 }

65 Wealth to be managed by Sharia law Zakath و م ا أ م ر وا إ لا ل ي ع ب د وا الل ه مخ ل ص ين ل ه ال دين ح ن ف اء وي ق يم وا ال صلا ة و ي و ت وا ال زك اة و ذ ل ك دي ن ال ق ي م ة And they have been commanded no more than this: To worship Allah, offering Him sincere devotion, being true (in faith); to establish regular prayer; and to practise regular charity; and that is the Religion Right and Straight. { Quran 98:5 }

66 Wealth to be managed by Sharia law Prohibition of interest ال ذ ين ي ا ك ل ون ال رب ا لا ي ق وم ون إ لا ك م ا ي ق وم ال ذ ي ي ت خ ب ط ه ال شي ط ان م ن ال م س ذ ل ك ب ا ن ه م ق ال وا إ نم ا ال ب ي ع م ث ل ال رب ا و أ ح ل الل ه ال ب ي ع و ح رم ال رب ا ف م ن ج اءه م و ع ظ ة من رب ه ف انت ه ى ف ل ه م ا س ل ف و أ م ر ه إ لى الل ه و م ن ع اد ف ا و ل ي ك أ ص ح اب الن ار ه م ف يه ا خ ال د ون Those who devour usury will not stand except as stand one whom the Evil one by his touch Hath driven to madness. That is because they say: "Trade is like usury," but Allah hath permitted trade and forbidden usury. Those who after receiving direction from their Lord, desist, shall be pardoned for the past; their case is for Allah (to judge); but those who repeat (The offence) are companions of the Fire: They will abide therein (for ever). { Quran 2:275 }

67 Wealth to be managed by Sharia law Prohibition of interest يم ح ق الل ه ال رب ا و ي ر بي ال صد ق ات و الل ه لا يح ب ك ل ك فار أ ث ي م Allah will deprive usury of all blessing, but will give increase for deeds of charity: For He loves not creatures ungrateful and wicked. { Quran 2:276 }

68 Wealth to be managed by Sharia law Prohibition of interest ي ا أ ي ه ا ال ذ ين آم ن وا لا ت ا ك ل وا ال رب ا أ ض ع اف ا مض اع فة و ات ق وا الل ه ل ع ل ك م ت ف ل ح و ن O ye who believe! Devour not usury, doubled and multiplied; but fear Allah. that ye may (really) prosper. { Quran 3:130 }

69 Wealth to be managed by Sharia law Prohibition of interest ي ا أ ي ه ا ال ذ ين آم ن وا ات ق وا الل ه و ذ ر وا م ا ب ق ي م ن ال رب ا إ ن ك نت م مو م ن ين O ye who believe! Fear Allah, and give up what remains of your demand for usury, if ye are indeed believers. { Quran 2:278 } ف ا ن لم ت ف ع ل وا ف ا ذ ن وا بح ر ب من الل ه و ر س ول ه و إ ن ت ب ت م ف ل ك م ر ؤ وس أ م و ال ك م لا ت ظ ل م ون و لا ت ظ ل م ون If ye do it not, Take notice of war from Allah and His Messenger. But if ye turn back, ye shall have your capital sums: Deal not unjustly, and ye shall not be dealt with unjustly. { Quran 2:279 }

70 Wealth to be managed by Sharia law Extravaganza و آت ذ ا ال ق ر بى ح قه و ال م س ك ين و اب ن ال سب يل و لا ت ب ذر ت ب ذ ير ا 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. { Quran 17:26 }

71 Wealth to be managed by Sharia law Extravaganza و ع ب اد ال رحم ن ال ذ ين يم ش ون ع ل ى الا ر ض ه و ن ا و إ ذ ا خ اط ب هم الج اه ل ون ق ال وا س لا م ا And the servants of ((Allah)) Most Gracious are those who walk on the earth in humility, and when the ignorant address them, they say, "Peace!"; و ال ذ ين إ ذ ا أ نف ق وا لم ي س ر ف وا و لم ي ق ت ر وا و ك ان ب ين ذ ل ك ق و ام ا { Quran 25:63 } Those who, when they spend, are not extravagant and not niggardly, but hold a just (balance) between those (extremes); { Quran 25:67 }

72 Wealth to be managed by Sharia law Payment of dower و آت وا الن س اء ص د ق ا ن نح ل ة ف ا ن ط بن ل ك م ع ن ش ي ء من ه ن ف س ا ف ك ل وه ه ن يي ا مر يي ا And give the women (on marriage) their dower as a free gift; but if they, of their own good pleasure, remit any part of it to you, Take it and enjoy it with right good cheer. { Quran 4:4 }

73 Wealth to be managed by Sharia law Payment of dower و ال م ح ص ن ات م ن الن س اء إ لا م ا م ل ك ت أ يم ان ك م ك ت اب الل ه عل ي ك م و أ ح ل ل ك م ما و ر اء ذ ل ك م أ ن ت بت غ وا ب ا م و ال ك م مح ص ن ين غ ي ر م س اف ح ين ف م ا اس ت م ت ع ت م ب ه م ن ه ن ف ا ت وه ن أ ج ور ه ن ف ر يض ة و لا ج ن اح ع ل ي ك م ف يم ا ت ر اض ي ت م ب ه م ن ب ع د ال ف ر يض ة إ ن الل ه ك ان ع ل يم ا ح ك يم ا Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise. { Quran 4:24 }

74 Wealth to be managed by Sharia law Maintenance of wife و ل ل م ط ل ق ات م ت اع ب ال م ع ر وف ح ق ا ع ل ى ال م ت ق ين For divorced women Maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous. { Quran 2:241 }

75 Wealth to be managed by Sharia law Maintenance of wife ل ي نف ق ذ و س ع ة من س ع ت ه و م ن ق د ر ع ل ي ه ر ز ق ه ف ل ي ن فق مم ا آت اه الل ه لا ي ك ل ف الل ه ن ف س ا إ لا ما آت اه ا س ي ج ع ل الل ه ب ع د ع س ر ي س ر ا Let the man of means spend according to his means: and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. After a difficulty, Allah will soon grant relief. { Quran 65:7 }

76 Wealth to be managed by Sharia law Spending in the path of Allah ال ذ ين آم ن وا و ه اج ر وا و ج اه د وا في س ب يل الل ه ب ا م و اله م و أ نف س ه م أ ع ظ م د ر ج ة ع ند الل ه و أ و ل ي ك هم ال ف اي ز و ن Those who believe, and suffer exile and strive with might and main, in Allah.s cause, with their goods and their persons, have the highest rank in the sight of Allah. they are the people who will achieve (salvation). { Quran 9:20 }

77 Wealth to be managed by Sharia law Spending in the path of Allah ق ل إ ن ك ان آب اؤ ك م و أ ب ن ا ؤ ك م و إ خ و ان ك م و أ ز و اج ك م يرت ك م و ع ش و أ م و ال اق ت ر ف ت م وه ا و تج ار ة تخ ش و ن ك س اد ه ا في س ب يل ه ف ت ر ب ص وا ح تى ي ا تي الل ه و ر س ول ه و ج ه اد الل ه ب ا م ر ه و الل ه لا و م س اك ن ت ر ض و ن ه ا أ ح ب إ ل ي ك م من ي ه د ي ال ق و م ال ف اس ق ين Say: If it be that your fathers, your sons, your brothers, your mates, or your kindred; the wealth that ye have gained; the commerce in which ye fear a decline: or the dwellings in which ye delight - are dearer to you than Allah, or His Messenger, or the striving in His cause;- then wait until Allah brings about His decision: and Allah guides not the rebellious. { Quran 9:24 }

78 Wealth to be managed by Sharia law Spending in the path of Allah ي ا أ ي ه ا ال ذ ين آ م ن وا ه ل أ د ل ك م ع ل ى تج ار ة ت نج يك م من عذ اب أ ل ي م ت و م ن ون ب الل ه و ر س ول ه و تج اه د ون في س ب يل الل ه ب ا م و ال ك م و أ نف س ك م ذ ل ك م خ ي ر ل ك م إ ن كنت م ت ع ل م و ن 10. O ye who believe! Shall I lead you to a bargain that will save you from a grievous Penalty?- 11. That ye believe in Allah and His Messenger, and that ye strive (your utmost) in the Cause of Allah, with your property and your persons: That will be best for you, if ye but knew! { Quran 61:10,11 }

79 Obey Allah and his Messenger A believer has to obey what Allah and His Messenger Command. و م اك ان ل م و م ن و لا م و م ن ة إ ذ ا ق ض ى الل ه و ر س ول ه أ م ر ا أ ن ي ك ون له م الخ ي ر ة م ن أ م ر ه م و م ن ي ع ص الل ه و ر س ول ه ف ق د ض ل ض لا لا مب ين ا It is not fitting for a Believer, man or woman, when a matter has been decided by Allah and His Messenger to have any option about their decision: if any one disobeys Allah and His Messenger, he is indeed on a clearly wrong Path. { Quran 33:36 }

80 Obey Allah and his Messenger ي ا أ ي ه ا ال ذ ين آم ن وا أ ط يع وا الل ه و أ ط يع وا ال رس ول و أ و لي ش يء ف ر دوه إ لى الل ه الا م ر م نك م ف ا ن ت ن از ع ت م في و ال رس ول إ ن ك نت م ت و م ن ون ب الل ه و ال ي و م الا خ ر ذ ل ك خ ي ر و أ ح س ن ت ا و يلا O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day: That is best, and most suitable for final determination. { Quran 4:59 }

81 Obey Allah and his Messenger ق ل إ ن ك نت م تح ب ون الل ه ف ات ب ع وني يح ب ب ك م الل ه و ي غ ف ر ل ك م ذ ن وب ك م و الل ه غ ف ور رح ي م Say: "If ye do love Allah, Follow me: Allah will love you and forgive you your sins: For Allah is Oft-Forgiving, Most Merciful." { Quran 3:31 }

82 Allah is the provider Allah alone provides for sustenance to His creatures. He is the Provider ز ي ن ل ل ذ ين ك ف ر وا الح ي اة ال دن ي ا و ي س خ ر ون م ن ال ذ ين آم ن وا و ال ذ ين ات ق وا ف و ق ه م ي ش اء ب غ ير ح س اب ي و م ال ق ي ام ة و الل ه ي ر ز ق م ن The life of this world is alluring to those who reject faith, and they scoff at those who believe. But the righteous will be above them on the Day of Resurrection; for Allah bestows His abundance without measure on whom He will. { Quran 2:212 }

83 Allah is the provider و م ا م ن د آب ة في الا ر ض إ لا ع ل ى الل ه ر ز ق ه ا و ي ع ل م م س ت ق ره ا و م س ت و د ع ه ا ك ل في ك ت اب مب ين There is no moving creature on earth but its sustenance depends on Allah. He knows the time and place of its definite abode and its temporary deposit: All is in a clear Record. { Quran 11:6 }

84 Allah is the provider الل ه ي ب س ط ال رز ق ل م ن ي ش اء و ي ق د ر و ف ر ح وا ب الح ي اة ال دن ي ا و م ا الح ي اة ال دن ي ا في م ت اع الا خ ر ة إ لا Allah doth enlarge, or grant by (strict) measure, the sustenance (which He gives) to whomso He pleases. (The wordly) rejoice in the life of this world: But the life of this world is but little comfort in the Hereafter. { Quran 13:26 }

85 Allah is the provider و ج ع ل ن ا ل ك م ف يه ا م ع اي ش و م ن ل س ت م ل ه ب ر از ق ين And We have provided therein means of subsistence,- for you and for those for whose sustenance ye are not responsible. { Quran 15:20 }

86 Allah is the provider إ ن ر ب ك ي ب س ط ال رز ق ل م ن ي ش اء و ي ق د ر إ ن ه ك ا ن ب ع ب اد ه خ ب ير ا ب ص ير ا و لا ت ق ت ل وا أ و لاد ك م خ ش ي ة إ م لاق نح ن ن ر ز ق ه م وإ ي اك م إ ن ق ت ل ه م ك ان خ ط ء ا ك ب ير ا 30. Verily thy Lord does provide sustenance in abundance for whom He pleases, and He provides in a just measure. For He does know and regard all His servants. 31. Kill not your children for fear of want: We shall provide sustenance for them as well as for you. Verily the killing of them is a great sin. { Quran 17: }

87 Allah is the provider و ك ا ي ن م ن د اب ة لا تح م ل ر ز ق ه ا الل ه ي ر ز ق ه ا و إ ي اك م و ه و ال سم يع ال ع ل ي م How many are the creatures that carry not their own sustenance? It is Allah who feeds (both) them and you: for He hears and knows (all things). { Quran 29:60 }

88 Allah is the provider ل ه م ق ال يد ال سم او ات و الا ر ض ي ب س ط ال رز ق ل م ن ي ش اء و ي ق د ر إ ن ه ب ك ل ش ي ء ع ل ي م To Him belong the keys of the heavens and the earth: He enlarges and restricts. The Sustenance to whom He will: for He knows full well all things. { Quran 42:12 }

89 And finally o To Allah belongs the dominion of Earth and the sky o He is the Sustainer and Provider o A believer is only a trustee to manage the property and wealth given by Allah o Allah and His Prophet (SAS) have prescribed do s and don ts regarding the wealth during life of a person and after death. o A believer does not have his own decision when a thing has already been decreed by Allah and His Messenger o Distribute the wealth and property as per Divine Decree during lifetime and after death.

90 And finally a Hadeeth Thirmidhi, Ahmed, Ibn Maja, Abu dawood Hadees quoted by AbuHurraira, Prophet(SAS) said- A man might perform actions of righteous people for seventy years but when it is time to compile his will commits injustice and because of this he enters the Fire. Similarly a man might perform ill deeds for seventy years but leaves a fair will and thus enters paradise.

91 Quranic Warning Those are limits set by Allah, Those who obey Allah and His Apostle will be admitted to Gardens with rivers flowing beneath, to abide therein for ever and that is the most supreme victory. But those who disobey Allah and His Apostle and transgress His limits will be admitted to Fire to abide therein and they shall have a humiliating punishment. ت ل ك ح د ود الل ه و م ن ي ط ع الل ه و ر س ول ه ي د خ ل ه ج ن ا ت تج ر ي م ن تح ت ه ا الا ن ه ار خ ال د ين ف يه ا و ذ ل ك ال ف و ز ال ع ظ يم {13} و م ن ي ع ص الل ه و ر س ول ه و ي ت ع د ح د ود ه ي د خ ل ه ن ارا خ ال دا ف يه ا و ل ه ع ذ اب مه ين { Quran 4:13-14 }

92 References Islamic law of inheritance by Mohammed Musthafa Khan Sheikh Mohammed Fiqh Sunnah by Sayyid sabiq

93 الح م د ل ل ه ربنا ت ق ب ل م ن ا إ ن ك أ ن ت ال سم يع ال ع ل يم و ت ب ع ل ي ن ا إ ن ك أ ن ت الت واب ال رح يم اللهم اغفر لنا يا أرحم الراحمين ربنا آتنا في الدنيا حسنة وفي الا خرة حسنة وقنا عذاب النار ربنا ظلمنا أنفسنا وإن لم تغفر لنا وترحمنا من الخاسرين نن لنكو اللهم ص ل وسل م وبارك على عبدك ورسولك محمد سيد الا ولين والا خرين آله وصحبه أجمعين وعلى 93