LEADERSHIP TRAINING PROGRAMME POWERED BY DEEN FOUNDATION EKPAN DELTA STATE.

BY Dr. ABDULMAJEED A.QUADRI INHERITANCE IN ISLAM BY Dr. ABDULMAJEED A.QUADRI

DEFINITION Mirath is the Arabic word for inheritance and it is also refers to as Faraid as stated in the Islamic jurisprudence supported by both the Qur’an and Sunnah.

INHERITANCE FROM OTHER CULTURES The Yorubas The Igbo The Jews The Arabs before the advent of Islam The Pre-European Era – The argument of Muhd Qutub in his book: Islam the misunderstood Religion.

MERITS OF HAVING THIS KNOWLEDGE It is half of the knowledge of Din as stated by the Prophet Muhammad (SAW). It alleviates poverty and raises the living standard of the beneficiaries. It passes the signal to every individual that our properties will end up in some people’s hand after death. So we should get them from Halal source and help others while living.

INJUNCTION ON INHERITANCE Allah categorically mentioned this institution in 35 ayaats in the Qur’an; Among them is Q4 ayaats 11 Allah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one’s estate. (Literally, “that which is left.”). And if there is only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left children. But if he had no children, and the parents [alone] inherit for him, then for his mother is one third. And if he had brothers [and/or sisters], for his mother is a sixth, (Although the siblings themselves do not inherit in this case.) after any bequest he [may have] made or debt.

Ctd….Q4 ayaat 12. And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one is a sixth. But if they are more than two, they share a third, (these shares are divided equally between males and females), after any bequest which was made or debt, as long as there is no detriment [caused].

Ctd…. People ask you to pronounce a ruling concerning inheritance from those who have left behind no lineal heirs (kalalah). Say: 'Allah pronounces for you the ruling: should a man die childless but have a sister, she shall have one half of what he has left behind; and should the sister die childless, his brother shall inherit her. And if the heirs are two sisters, they shall have two-thirds of what he has left behind. And if the heirs are sisters and brothers, then the male shall have the share of two females. Allah makes (His commandments) clear to you lest you go astray. Allah has full knowledge of everything (4:176)”

In an hadith a narration goes thus: In the tradition Saad bin Abi Waqqas narrated: “I was stricken by an ailment that led me to the verge of death. The Prophet (pbuh) came to pay me a visit. I said, “O, Allah’s Apostle! I have much property and no heir except my single daughter. Shall I give 2/3 of my property in charity?” He said, “No”. I said, “Half of it?” He said, “No”. I said, “1/3 of it?” He said, “You may do so, though 1/3 is also too much, for it is better for you to leave your offspring wealthy than to leave them poor, asking other for help…” (Sahih Al-Bukhari, Sahih Muslim, Muwatta, Tirmidhi, Abu Dawud and Ibn Majah

CAUSES OF SUCCESSION Marriage (Legal Nikah) Blood relation (Nasab) Wala (slavery) Baytul_mal

RULES OF SUCCESSION To cater for the funeral expenses Payment of debt, including Zakat, sadaqah etc. Attends to Wasiyyah if there is any. Sharing of the estate, any jointly owned properties must have been settled.

INVALIDATION OF WASIYYAH •The testator becomes a person of unsound mind and dies in that state •The beneficiary predeceases the testator •The subject matter is destroyed before the testator’s death •The testator revokes the wassiyyah •The beneficiary has intentionally caused the death of the testator

IMPEDIMENTS TO INHERITANCE Homicide Difference of religion Slavery Properties of the Prophets by the heirs Concurrent Death of Relatives Illegitimate or Illegal Child Lian

CLASSIFICATION OF THE HEIRS 1. Ashabul-Furud (The fixed sharers) 1/2, 1/3, 2/3, 1/4, 1/6, or 1/8 (Refers to page 5) Asabat (resudiaries) Refers to page 6 Calculation formula ½ ¼ 1/6 1/8 2/3 1/6 _________ ___________ 12 24

THE CONCEPT OF AL-HAJB’ This connotes the deprivation of an heir over other categories of heirs from distance link. The only category that can not be deprived are those six in the group of Furud. The deprivation or exclusion can be partial of complete. E.g A Man died and left behind a grandfather, a Son and a full Brother. The grandfather gets the sixth because of the inexistence of a depriver, and the rest goes to the son whose existence deprives the full Brother because he is advantaged as far as the side is concerned.

Ctd… E.g (2) A Man died and left behind a grandfather, a full Brother and sister, and a half-brother. The grandfather gets the third because of in existence of a depriver. The rest goes to the full Brother and Sister, with a ratio of 2:1. The half-Brother is deprived by the existence of the full Brother because he enjoys a stronger tie.

SPECIAL CASES ON INHERITANCE Hermaphrodite Missing Person Foetus

EVALUATION A Man died and left behind a Mother, 2 wives, 3 Sons and a daughter. A woman died and left behind her husband, 3 Sons and a daughter. A Woman died and left behind her husband, a Mother, a Son, a daughter, 2 full Brothers and 6 full Sisters.

CONCLUSION Let’s work hard and source for our Income from Halal Source. Whatever is our sustenance will definitely gets to us before death We should Allah to rule our lives and Death.