ب س م الل ه ال رح م ن ال رح ي م ال ح م د ل ل ه اللهم صل على محمد وعلى آل محمد وبارك على محمد وعلى آل محمد.كما صليت وباركت على إبراهيم وآل إبراهيم إنك حميد مجيد 1
Islamic Laws of Inheritance Dr. Assaina Beary 2 2
Guidelines Insha Allah o 15 classes to make you understand and learn the inheritance laws. o It can be in turn taught to others. 3
Guidelines There is an easy reference chart I have prepared by the grace of Allah from which any heir s share can be calculated. 4
Guidelines There are 4 ways this has been presented 1. Full inheritance laws in detail to learn in 15 lessons. 2. A chart form for easy reference. Can be used by anybody to find out a heir and share. 3. A flow chart. Similar to no. 2 above. 4. A short presentation for general public awareness. This presentation is the Chapter 1 of the Full inheritance Laws course. 5
Guidelines o Learn lesson by lesson o Under each lesson suggestions are made at the beginning as to how to study. Please follow these guidelines. o Repeat the lessons till you understand 6
May Allah Reward us The laws of inheritance are from Allah and His Prophet (sas). If you find in this presentation anything contradictory to what Allah or His prophet have said, it is by mistake and you need not take that. I ask for forgiveness from Allah for the same. I am not a scholar but this information has been collected from books and presented in a different form. Any mistake is not intentional. May Allah accept this work from me. My humble request is to pray for me. May Allah reward us both for the work. At the same time if there are any mistakes, corrections or suggestions please inform me to the address given below. 7
Prepared by Dr. Assaina Beary Permanent Address For Communication Email Thenka Yedapadavu Post Shibrikere Mangalore taluk Dakshina Kannada Karnataka India-574164 P.Box 475 P.Code 131 Hamriya Muscat Sultanate of Oman farayil@hotmail.com 8
Please read this In the beginning it seems very interesting to start the learning. But after few classes you may feel that it is very boring and dry subject. At this stage please be determined to continue. Don t leave it up. Go through the classes again and again. Only when you have finished 2-3 times you will feel that you have understood the laws of inheritance. Once you learn, it becomes very interesting. 9
Please read this If you are a genuine learner please proceed now. 10
Lesson 1 o Introduction Islamic Laws of Inheritance Dr. Assaina Beary 11 11
Lesson 1 o In this lesson a brief introduction about the laws of inheritance, prophet(sas) s Hadeeth and the Quranic verses are taught. o Learn the Quranic verses by heart and learn the meaning. 12
Introduction Islamic law of inheritance o It is the only one perfect system of property distribution in the world. No doubt it is from the Creator who knows the best. o In spite of this it is the one which is most neglected by the Muslims. o Property division after a person s death involves the property and the wealth of the person died. Rules have been laid down in Quran and by Prophet s sunnah. 13
Introduction Importance It is very important to distribute the property as per sharia laws in Islam. Punishment for not adhering to rules in property division are grave and serious. At the end of the rules of inheritance verses in surah Al-nisaa Quran says these are the limits set by Allah. Whoever obeys Allah and His Messenger will be admitted to paradise. And whoever disobeys Allah and His Messenger, and transgresses His limits will be made to enter into Hell Fire, permanently and he shall have a disgraceful torment. 14
Introduction Punishment for not abiding the rules. As mentioned earlier it is permanent Hell Fire. As per 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. 15
Introduction Property however small should be divided and given to heirs. The whole property belongs to Allah and it should be divided as per His rules. But man has a strange feeling that it is earned by them, but actually it is given by Allah. Just imagine Allah takes away one s life before he earns any property, or Allah makes him handicapped or makes huge losses to him through calamities then where is your wealth, money or property? We never think of the blessings from Allah. We never thank Him. We try to find some means to escape from giving the property to relatives. Be grateful to Him for the blessings and distribute the property as per His rules. 16
Introduction Property division is based on family ties. In Islam property division is not based on who is poor or rich, but it is based on blood relations and family ties. Even a rich relative of a poor man as per Islam should get the property if he is eligible. This family system is completely lost these days. Educate the people. Our responsibility is to teach the people as per the Prophet s(s.a.s) command. Teach it to the people and do your job. If anybody disobeys and plays false in property division he will bear the punishment as above. 17
Importance of learning the Islamic Laws of Inheritance Prophet(s.a.s) sayings 18
Hadeeth ت ع ل م وا ال ف ر اي ض و ع ل م وه ا ف ا ن ه ن ص ف ال ع ل م و ه و ي ن س ي و ه و أ ول شي ي ي نز ع م ن ا م تي Learn the laws of inheritance and teach it the people. It is one half of useful knowledge. It is going to be forgotten and it is the first one to be raised off from my people. Prophet(S.A.S) Reported from Abu Huraira r.a. Ibn maja, 19
Hadeeth ا ل ع ل م ث لا ث ة و م ا س و ي ذ ل ك ف ه و ف ض ل, آي ة مح ك م ة أو س ن ة ق اي م ة أو ف ر يض ة ع اد ل ة Useful knowledge are three in number. Quranic verses, Prophet s sunnah, law of inheritance Prophet(S.A.S) Ibn Ummer reports- Ibn Maja, abu Dawood 20
Hadeeth ت ع ل م وا ال ق ر آن و ع ل م ه الن اس و ت ع ل م وا ال ف ر اي ض و ع ل م وه ا ف ا ني ا م ر ؤ م ق ب و ض و ال ع ل م م ر ف وع و ي وش ك أن يخ ت ل ف ا سم ان في ف ر يض ة و ال م س ا ل ة ف لا يج د ان ا ح د ا يخ بر هم ا Learn the Quran and teach it to the people. Learn the laws of inheritance and teach it to the people. I am a human being who is going to die and the knowledge will disappear. A time may come when two people will argue about the property distribution and no one may be there to answer their problems. Prophet(S.A.S) Ibn Mas ud reports(ahmed) 21
Quranic verses Quranic verses In the chapter 4 Sura al nnisa a Verses starting from 7 to 14 and verse 176 deal with the inheritance rules Study with meaning and by heart them. 22
Quran verses 4:7 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 يبا مف ر وضا There is a share for men from what is left by parents and those nearest related, and there is share for women from what is left by parents and nearest related, whether the property be small or large, a decided share Sura a-nnisa 4:7 23
Quran verses 4:8 و ال م ساك ين ف ار ز ق وه م من ه و ق ول وا له م ق و لا مع ر وف 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 But if at the time of division of the property, other relatives, orphans or poor are present feed them out of the property and speak to them words of kindness and justice Sura a-nnisa 4:8 24
Quran 4:11 Allah commands you as regards your children; to the male a portion equal to that of two females. If only daughters two or more; for them their share is 2/3, if only one her share is 1/2. ي وص يك م الل ه في أ و لا د ك م ظ الا نث ي ين ل ل ذك ر م ث ل ح ف ا ن ك ن ن س اء ف و ق اث ن ت ين ف ل ه ن ث ل ث ا م ا ت ر ك Sura a-nnisa 4:11 و إ ن ك ان ت و اح د ة ف ف ل ه ا الن ص 25
Quran 4:11 contd.. For parents to each of them, one sixth of what has been left behind, if the deceased left children. If no children and the parents are the heirs then mother s share is 1/3. If the deceased has left bend brothers or sisters the mother has a sixth. Sura a-nnisa 4:11 و لا ب و ي ه ل ك ل و اح د من ه م ا ال سد س مم ا ت ر ك إ ن ك ان ل ه و ل د ف ا ن لم ي ك ن ل ه و ل د و و ر ث ه أ ب و اه ف لا مه الث ل ث ف ا ن ك ان ل ه إ خ و ة ف لا مه ال سد س 26
Quran 4:11 contd.. After the payment of legacies and debts. You know not whether your parents or your children are nearest to you in benefit. These are the portions ordered by Allah; Allah is All knowing All wise م ن ب ع د و ص ي ة ي وص ي هب ا أ و د ي ن آب ا ؤ ك م و أ بناؤ ك م لا ت د ر ون أ ي ه م أ ق ر ب ل ك م ن ف عا ف ر يض ة من الل ه إ ن الل ه ك ان ع ل يما ح كيما Sura a-nnisa 4:11 27
Quran 4:12 Your share is half, in what your wives leave, if they have no child. But if they have a child you get a fourth of what they leave, after payment of legacies and debts. و ل ك م ن ص ف م ا ت ر ك أ ز و اج ك م إ ن لم ي ك ن له ن و ل د ف ا ن ك ان له ن و ل د ف ل ك م ال رب ع مم ا ت ر ك ن م ن ب ع د و ص ي ة ي وص ين هب ا أ و د ي ن Sura a-nnisa 4:12 28
Quran 4:12 contd.. And for them(your wives) one fourth, from what you have left, if you don t have a child. If you have a child they get one eighth from what you have left behind, after the settlement of debts and و له ن ال رب ع مم ا ت ر ك ت م إ ن لم ي ك ن ل ك م و ل د ف ا ن ك ان ل ك م و ل د ف ل ه ن الث م ن مم ا ت ر ك ت م من ب ع د و ص ي ة ت وص ون هب ا أ و د ي ن legacies. Sura a-nnisa 4:12 29
Quran 4:12 contd.. If a man or a woman die in a state of Kalalath(with no ascendants or descendants) and he/she has a brother or sister then each one of them will get one sixth, but if more than two they share one third, after payment of debts and legacies, without any harm to anyone. Thus it is ordained by Allah, Allah is All Knowing, Most forbearing و إ ن ك ان ر ج ل ي ور ث ك لا ل ة أ و ام ر أ ة و ل ه أ خ أ و أ خ ت ف ل ك ل و اح د من ه م ا ك ال سد س ف ا ن ك ان و ا أ ك ث ر م ن ذ ل ف ه م ش ر ك اء في الث ل ث م ن ب ع د ي وص ى هب ا أ و د ي ن من الل ه و الل ه ع ل ي م ح ل ي م و ص ي ة غ ي ر م ض ا ر وص ي ة Sura a-nnisa 4:12 30
Quran 4:13,14 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 حد ود ه ي د خ ل ه ن ارا خ ال دا ف يه ا و ل ه ع ذ ا ب مه ين Sura a-nnisa 4:13-14 31
They ask you for a legal decision. Say God directs: about those who leave no descendants or ascendants as heirs. Quran 4:176 ي س ت ف ت ون ك ق ل الل ه ي ف ت يك م في ال ك لا ل ة إ ن ام ر ؤ ه ل ك ل ي س ل ه و ل د و ل ه أ خ ت If it is a man that dies leaving a sister but no child, she shall have half the inheritance. If deceased was a woman who left no child her brothers take her inheritance. If there are two sisters They shall have two thirds of the inheritance. If there are brothers and sisters they share with male having twice that of a female. Thus God makes clear to you so that you don t err. God has knowledge of all things Sura a-nnisa 4:176 ف ل ه ا ن ص ف م ا ت ر ك و ه و ي ر ث ه ا إ ن لم ي ك ن له ا و ل د ف ا ن ك ان ت ا اث ن ت ين ف ل ه م ا الث ل ث ان مم ا ت ر ك و إ ن ك ان وا إ خ و ة رج الا و ن س اء ف ل ل ذك ر م ث ل ح ظ الا نث ي ين ي ب ين الل ه ل ك م أ ن ت ض ل وا و الل ه ب ك ل ش ي ء ع ل ي م 32
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 ي م و ت ب ع ل ي ن ا إ ن ك أ ن ت الت واب ال ر حي م 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 وعلى آله وصحبه أجمعين 33