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My mother, sister and I are the only legal heirs to my father. He has left behind a house. Now, we have mutually decided to sell it. Please let me ascertain the shares of each one, if the price is Rs.20 million
Read MoreI have a question about the inheritance law. I am totally convinced in the point of view of Javed Ahmed Ghamidi. However, I have developed a confusion regarding his view in this regard which follows:
Who receives the balance 5/12 of the inheritance in the following and other cases in which, after the distribution, there remains surplus?
Inheritors | Fund Distributed | Surplus | |
Only a wife: | = | 1/4 | 3/4 |
Only a mother: | = | 1/3 | 2/3 |
Only a daughter | = | 1/2 | 1/2 |
Two daughters | = | 2/3 | 1/3 |
Only a Sister | = | 1/2 | 1/2 |
A mother and a sister | = | 1/3 + 1/2 = 5/6 | 1/6 |
A wife and a mother | = | 1/4 + 1/3 = 5/12 | 7/12 |
A sister and a wife |
In all these cases and many other combinations there is a surplus. What will happen to this surplus? Who will inherit it? To deal with this problem the law of "Usbah" comes to effect. This law is to regulate the unclaimed shares, which have no corresponding people to receive them. Of course if the Quran was clear with no errors, there would have been no need for all these “sciences” and amendments.
The law of Usbah is based on the following Hadith.
Narrated Ibn 'Abbas:
The Prophet said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased."
According to this law, a man who dies and is survived by only his daughter with no other close male relative except a second cousin, his daughter will receive half of his inheritance and the other half will go to the man’s second cousin. This seems quite unfair to the daughter, but it would be especially unfair if the man had a needy aunt or a female first cousin that would receive nothing because they are of the wrong gender.
Now suppose that a man has no other heir except his wife and a distant male relative. The wife will receive 1/4 and the distant male relative gets the balance, i.e. three times the inheritance that his widowed wife gets. Is this justice?
What if the deceased has no male relative at all? What will happen to the rest of his inheritance? What happens in the reverse case when a wife has no relatives? The husband will receive half of her inheritance; who will get the other half?
Note that in the Quran there is no priority for the distribution of the inheritance. In nowhere it says “first give to these and from what is left, give to those”. Even if we had to reinterpret these laws and prioritize them in the order that they are mentioned, it still does not work because in that case, each subsequent inheritor will have his or her share shrunk. Also in most cases the total inheritance will never be used up. (http://faithfreedom.org/Articles/sina/inheritance.htm)
Read MoreI have a question regarding the inheritance law. I know and totally convinced of the point of view of Mr Javed Ahmed Ghamidi. However I am facing some confusion regarding this point of view.
Scenario | fund distributed | surplus | |
Only a wife: | = | 1/4 | 3/4 |
Only a mother: | = | 1/3 | 2/3 |
Only a daughter | = | 1/2 | 1/2 |
Two daughters | = | 2/3 | 1/3 |
Only a Sister | = | 1/2 | 1/2 |
A mother and a sister | = | 1/3 + 1/2 = 5/6 | 1/6 |
A wife and a mother | = | 1/4 + 1/3 = 5/12 | 7/12 |
A sister and a wife |
My questions relate to problems in inheritance laws. These questions are as follows:
What is the best time to write a will, as death is uncertain? Is it permissible for the husband to bequeath all his wealth to his father? Can a will be executed during the lifetime of the person?
Read MoreI live with my family consisting of my mother, unmarried sister, my wife and three sons aged 7,5,3 yrs respectively. My father died in 1985 leaving behind 75 acres of agricultural land. I manage all this land. I am also working with Bank Alfalah Ltd as branch manager. We share our income for running my home and other issues. I am worried that my mother aged 77 would not be able to manage her land, my sister is also cardiac and is not capable to manage her share of the land. I also bear all my family expenses.
Now I wish to share the income generated from all recourses of my family after deducting expenses. I want to be guided by Islam in this regard.
Read MoreA couple has a daughter and also brothers and sisters. I wanted to know how the property would be distributed among the potential heirs in case any or both of them die. What is the share of the step-brothers and step-sisters, if any?
Read MoreI wish to establish a special trust for the benefit of my children. I intend to make a will with the conditions that all the property left over by me after my death shall not be sold or inherited but the rental income from the properties be distributed between my sons and daughters in the ratio of 2:1. According to this will, the daughters can benefit during their lifetime only and the offspring of my sons will be the only beneficiaries after my sons’ death. Finally in the event there are no more heirs from the family, the whole property be given for public cause. Can such a will be made? Is this proposal in accordance with the Shari‘ah? Please advise.
Read MoreWe are two sisters (both married) without a brother. My parents are alive and own a house in Islamabad as well as some property in UK. My father has one sister and four brothers and his mother is alive too. He was sharing with me his will a while ago which says that after he expires, if our mother lives in the house which he has built for themselves, we, the sisters must do let her by buying the shares of my father's brothers as per Islamic inheritance laws. I would like to know what exactly does Islam prescribe in this case as it seems so cruel to me that my mother will have to vacate her house if she is unable to buy the share of my father's brothers. Could you please throw some light on this particular case?
Read Moreیتیم پوتے کی وراثت کے بارے میں آپ کی کیا رائے ہے؟ اس بارے میں قرآن و سنت کے کیا دلائل ہیں؟
پڑھیے۔۔۔آدمی اپنے والدین سے پائی ہوئی جائداد کو اپنے بچوں میں کیسے تقسیم کرے؟
پڑھیے۔۔۔اگر کوئی آدمی اپنی زندگی میں اپنی جائداد بچوں میں تقسیم کرنا چاہے تو وہ کیسے کرے؟
پڑھیے۔۔۔ایک صاحب نے اپنے ڈیفنس سیونگ سرٹیفکیٹس اپنی وفات کے بعد کیش کرانے کی اتھارٹی اپنے ایک قانونی وارث کو دے دی، جب ان کی وفات ہوئی تو ان صاحب نے ایک عرصہ تک وہ ڈیفنس سیونگ سرٹیفکیٹس کیش نہیں کرائے۔ پھر عدالت نے ان سرٹیفکیٹس کو باقی جائداد میں شامل کرتے ہوئے ، انھیں کیش کرانے کی اتھارٹی سب ورثا کو دے دی۔
سوال یہ ہے کہ ان سرٹیفکیٹس کی رقم کا اصل حق دار کون ہے، کیا وہی شخص جسے مرحوم نے خود نامزد کیا تھا اور اسے کیش کرانے کی اتھارٹی دی تھی یا پھر سبھی ورثا جنھیں اب عدالت نے حق دار قرار دے دیا ہے؟
سوال1:
باپ فوت ہوجاتا ہے۔ فرض کیجیے اس کی چالیس کنال اراضی ہے۔ اور اس کا ایک بیٹا اور ایک بیٹی ہے۔ یہ اراضی کیسے تقسیم ہوگی۔ مجھے شرح اور رقبہ بھی کنالوں کو متعین کرکے بتائیے۔
سوال2:
باپ فوت ہوجاتا ہے۔ فرض کیجیے اس کی چالیس کنال اراضی ہے۔ اور اس کا ایک بیٹا اور دو بیٹیاں ہیں۔ یہ اراضی کیسے تقسیم ہوگی۔ مجھے شرح اور رقبہ بھی کنالوں کو متعین کرکے بتائیے۔
پڑھیے۔۔۔اگر متوفي کي صرف بيٹياں ہوں اور وراثت کا دو تہائی قرآن کي روسے انھيں مل جاۓ ئے تو باقي بچنے والا ترکہ کس کو ديا جائے گا؟
پڑھیے۔۔۔درج ذیل سوالات کے جواب عنایت فرمائیے
١۔ مرحوم بیٹے کے ورثہ کی تقسیم جبکہ اس کے والدین، بیوی اور بچے زندہ ہوں۔
٢۔ مرحوم بیٹے کے ورثہ کی تقسیم جبکہ اس کی ماں بیوی اور بچے زندہ ہوں۔
٣۔بیوی کے ورثہ کی تقسیم جبکہ اس کا شوہر اور بچے زندہ ہوں۔
پڑھیے۔۔۔پچھلے دنوں میرے ایک عزیز کی وفات ہوئی ہے،جن کے پسماندگان میں والدین،ایک بیوی،ایک بیٹا،ایک بیٹی،ایک بہن اور ایک بھائی ہے۔ متوفٰی کے اہل خانہ اُن ترکے کی شرعی تقسیم کے بارے میں جاننا چاہتے ہیں۔ برائے کرم قرآن مجید کی روشنی جواب عنایت فرمائیں۔
پڑھیے۔۔۔Dear Ghamidi Sb., AOA,
I have a question. Zaid dies, had no children. His wife had died earlier. He had 4 brothers and 3 sisters - out of which 2 brothers and 1 sister died before him. Question is: will the kids of these 2 brothers and 1 sister get a share in the inheritance? Is it correct that according to Hanafi Shariya, there is no share for these kids? Pakistan family ordinance 1961 mentions yateem grandchildren but does not mention in case of brothers/sisters. Text follows for the ordinance. Succession act 1925 section 44, 45 list a case for brothers, sisters but not sure if it applies to Muslims?
http://punjablaws.gov.pk/laws/777a.html
Family Law:
1. Short title, extent, application and commencement.– (1) This Ordinance may be called the Muslim Family Laws Ordinance, 1961. (2) It extends to the whole of [2][the Punjab], and applies to all Muslim citizens of Pakistan, wherever they may be. ..
4. Succession.– In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive.
http://sja.gos.pk/assets/BareActs/SUCCESSIONACT 1925.pdf
PART V Intestate Succession CHAPTER I PRELIMINARY 29. Application of
Part.___
(1)
This Part shall not apply to any intestacy occurring before the first
day of January, 1866, or to the property of any Hindu, 1 [Muslim],
Buddhist,
Sikh or Jaina. (2) Save as provided in sub-section (1) or
by any other law for the time being in force, the provisions of this
Part shall constitute the law of 2
[Pakistan] in all cases of
intestacy. 1Sub. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. 2
Subs. by the Central Laws (Statute Reform)
Ordinance, 1960 (21
27. Persons held for purpose of succession to be similarly related to deceased. For the purpose of succession, there is no distinction___ (a) between those who are related to a person deceased through his father, and those who are related to him through his mother; or
44. Where
intestate’s father dead and his mother, a brother or sister, and
children of any deceased brother or sister, living. If the intestate’s
father is
dead but the intestate’s mother is living, and if any
brother or sister and the child or children of any brother or sister who
may have died in the intestate’s lifetime are also living then the
mother and each living brother or sister, and the living child or
children of each deceased brother or sister, shall be
entitled to the
property in equal shares, such children (if more than one) taking in
equal shares only the shares which their respective parents would have
taken if living at the intestate' s death. Illustration
A, the
intestate, leaves his mother, his brothers John and Henry, and also one
child of a deceased sister, Mary, and two children of George, a deceased
brother of the half blood who was the son of his father but not of his
mother. The mother takes one-fifth, John and Henry each takes one-fifth,
the child of Mary takes one-fifth, and the two children of George
divide the remaining one-fifth equally between them. 45. Where
intestate’s father is dead and his mother and children of any deceased
brother or sister living. If theintestate’s father is dead, but the
intestate’s mother is living,and the brothers and sisters are all dead,
but all or any of them have left children who survived the intestate,
the mother and the child or children of each deceased brother or sister
shall be entitled to the property in equal shares, such children (if
more than one) taking in equal shares only the shares which their
respective parents would have taken if living at the intestate’s death.
Illustration
A,
the intestate, leaves no brother or sister, but leaves his mother and
one child of a deceased sister, Mary, and two children of a deceased
brother, George. The mother takes one third, the child of Mary takes
one- third, and the children of George divide the remaining one third
equally between them.