Questions Regarding The Inheritance Law

I 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.

Sahih Bukhari 8. 80. 724

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)

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Questions About Inheritance Laws

I 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.

In some cases parts of the assets remain after all the stipulated shares are distributed. Who will receive the balance for example 5/12 of the inheritance in some cases?
The following are other cases that after the distribution, there is a surplus of inheritance:
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
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 Qur’an 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. Sahih Bukhari 8. 80. 724
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 Qur’an 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.
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Refusing The Sisters Their Legal Share In Inheritance

My questions relate to problems in inheritance laws. These questions are as follows:

1. Although in Islam 1/3 property is to be inherited by daughter after the death of father. But usually a situation is created in which sisters have to surrender their share totheir brothers. They are pressurized by their mothers especially to surrender their share in favour of brothers. They are also forced by the brothers and other relatives. Ultimately sisters are compelled to surrender their share in fovour of the brothers. Sometimes there is a huge property but that is not divided justly and sisters have to surrender in favour of their brothers. Sisters have to surrendr because they do not want to make their brothers and especaially mothers angry. Can you please guide me and others about this social evil in the light of the Qur’an and Sunnah?
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وراثت کی تقسیم میں تاخیر اور اپنا حصہ کسی کو ہبہ کرنا

ذیل کی دو صورتوں میں اسلام کا مؤقف بتائیے :

1) والدین کے فوت ہوجانے کے بعد بڑ ے بہن بھائی اگر وراثت کی تقسیم میں ٹال مٹول سے کام لیں اور اس معاملے کو مؤخر کرتے رہیں ، تو اسلام انہیں کس نظر سے دیکھتا ہے؟

2) تقسیمِ وراثت کے موقع پر اگر بڑ ی بہن بڑ ے بھائی کا ساتھ دے اس طرح کہ پہلے تقسیم کو مؤخر کرنے میں ان کی ہاں میں ہاں ملائے اور تقسیم کے موقع پر اپنا حصہ اسے دے دے ، حالاں کہ وہ جانتی ہے کہ بڑ ا بھائی ا س کا ضرورت مند نہیں ہے ، تو ازروئے اسلام یہ طرزِعمل کیسا ہے؟

پڑھیے۔۔۔