Distribution Of Inheritance

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

Answer:

Assuming that there are no other heirs like father or mother of the deceased and you are the only heirs the property shall be distributed like this:

1. Any debt or wills have to be fulfilled.

2. The wife of the deceased (your mother) gets 1/8 of the whole property.

3. The remaining is split in three equal shares. Two shares go to the boy (ie you) and one to the daughter (ie your…

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Limits Of Profit Taking In Business

Is there a limit of profit? Suppose I have a form of unique kind of mango which is the only one kind in the world. Can I sell them at a highest price as I wish or I have any obligations of any percentage of total growing and handling cost as profit? If it has cost me Rs. ten thousand and I wish to sell them on the price of millions or whatever if I get such wealthy buyers? What percentage I can get on the real cost?

Answer:

The general principle is that you are not allowed to exploit people by overcharging or hoarding a commodity which is a necessity of life and you exploit their plight by overcharging them. If an item isn't a necessity of life and people can live without it, the market forces of demand and supply would determine what the price should be.

In the case of the product you have mentioned, my opinion is that…

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Importance Of Debt Repayment

It has been narrated on the authority of Abu Qatada that the Messenger of Allah (may peace be upon him) stood up among them (his Companions) to deliver his sermon in which he told them that Jihad in the way of Allah and belief in Allah (with all His Attributes) are the most meritorious of acts. A man stood up and said: Messenger of Allah, do you think that if I am killed in the way of Allah, my sins will be blotted out from me? The Messenger of Allah (may peace be upon him) said: Yes, in case you are killed in the way of Allah and you were patient and sincere and you always fought facing the enemy, never turning your back upon him. Then he added: What have you said (now)? (Wishing to have further assurance from him for his satisfaction), he asked (again): Do you think if I am killed in the way of Allah, all my sins will be obliterated from me? The Messenger of Allah (may peace be upon him) said: Yes, it you were patient and sincere and always fought facing the enemy and never turning your back upon him, (all your lapses would be forgiven) except debt. Gabriel has told me this.


Does this mean when a martyr dies he wont enter paradise because of a debt or that he wont enter paradise before judgment day then he would pay back the only thing one has on that day ones good deeds? Does this imply for every pious Muslim that dies living a debt for some reason?

Answer:

The narrative should not be taken as expressive of the principle upon which people will be awarded heaven or hell. However, we can say that this must not be against the Qur’anic concept of the final judgment on the Last Day.

Two things need to be appreciated regarding martyrs. Every person that is killed in a war is not considered a Martyr (see http://www.renaissance.com.pk/mayq992.html) in the true sense of the word. The Almighty…

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Tax And Zakah

On top of the zakat on all our assets, the government imposes tax on the same. What is your view on this - which one is deductable in legal terms?

Answer:

Mr. Ghamidi’s research on the topic led him to the conclusion that an Islmaic government has not been given any right to impose taxes except the Zakah. (for detail please refer to the following article: Sanctity of Ownership which can be reached at: http://www.monthly-renaissance.com/marfeart2y3.html and Taxes Other than Zakah)

This means that we can consider our Zakah paid when we have paid in taxes more that the Zakah payable. However, it does not…

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Lottery And Charity

Can we play the lottery and then give the winnings to charity?

Answer:

Islam exhorts its adherents upon spending in charity. The Almighty says:

O you who believe! Spend of the pure things which you have earned, and of that which we bring forth from the earth for you, and seek not the bad (with intent) to spend thereof (in charity) when you would not take it for yourselves save with disdain; and know that Allah is Absolute, Owner of Praise. [2:267]

The aforementioned verse urges the Muslims to spend…

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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)

Answer:

First of all it needs to be appreciated that the prophetic narrative you have referred to is not shariah itself. Rather it is an application by the prophet of a directive of shariah. The shariah directive was that the shares are based on the principle of benefit in kinship. Hence this application can change in changed circumstances.

Second, in most of the cases that you have described the person (if educated on Islam) would be knowing…

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Selling Edibles Containing Chemicals Found In Marijuana

There is this substance called spice in the U.S. And it is sold as incense. But it has the same chemicals as marijuana. Customers use it in order to get high of it. I see a lot of the Muslim brothers selling it in the stores. When I tell them this is haram, they reply “No, we sell it as incense and it is up to the people to use it however they like”. My Question is, is it haram to sell these kinds of things.

Answer:

We believe that when a thing is sold for good purposes and it is misused by some then the sin is upon the users. For example if one sells grapes which can potentially be used as fruit and juice. It can also be used to make wine and strong drinks. This does not mean that sale should be prohibited and declared haram. Therefore, I believe the reply you get from these people is sound as…

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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.

Answer:

First of all it needs to be appreciated that the prophetic narrative you have referred to is not shariah itself. Rather it is an application by the prophet of a directive of shariah. The shariah directive was that the shares are based on the principle of benefit in kinship. Hence this application can change in changed circumstances.

Second, in most of the cases that you have described the person (if educated on Islam) would know that…

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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?

Answer:

First a correction is needed. If there are only daughters, and if they are two or more than two, they shall share equally in 2/3rds of the inheritance left after giving other shares. And in case there is only one daughter, then her share is one half of the inheritance left.

As to the social evil you have pointed to, this is indeed a very sorry state of affairs. Sisters must never be compelled to…

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Armament Industry

Can anyone please clarify the position of a country having an armaments industry. Does the Qur’an allow building the industry?

Answer:

None can say that a country producing armament is committing haram. Everyone has the right to develop their defense and enable them to war any oppressor country. However, weapons of mass destruction go beyond this purpose and should never be built. Islam does not allow us to kill innocent lives even during the war. This shows that we should not engage is anything which has the potential to be used wrongly and which causes more…

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The Beautiful Loan

I want to know what does qarz-e-hasna mean? Is the person taking it, supposed to return it back to his creditor?

Answer:

The Holy Qur’an uses the word qarz hasanah to connote spending in order to help and assist the religion of God. This assistance can be financial as well as otherwise. Anything that we spend in the way of Allah, in fact, is bestowed by Him. He did not owe us any of these blessings at all. It is only because of His graciousness that He calls it a loan that we spend it His way.…

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Making Up For A Past Wrong

I have a question. When I was fourteen, my friend and I talked about how to make money. I came with an idea that we should start dealing drugs. He had the money so he financed it. However, we soon smoked it up and I stole the drugs from him. I sold some of it and lost the other half. Again I talked him into buying again and stole it from him again. I wonder should I send him the money back. I have no contact with him now but know where he lives.

Answer:

The Almighty is the Tawwāb (Relenting) and Raheem (Oft Forgiving). He always forgives his slaves when they truly repent and give up sinfulness and start living a pious life. Your feeling about the repayment of what you wrongfully devoured of the wealth of your friend is indeed a sign of true faith. I would suggest that you should try to make up for the wrong done and pay your friend if he is no more…

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When To Write A Will

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?

Answer:

We have to understand a couple of things. He is free to give to his children as he desires during his lifetime. A will cannot be used for that purpose. During our lives, this has been left to our discretion whilst observing justice. We give our children something everyday sometimes their tuition fees, sometimes for matrimony.

The laws of inheritance apply after death. We have been allowed only a third of the assets to…

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Illegal Immigrant Workers

I came abroad on work permit for five years. After five years (on expiration of work permit), I did not go back to my country. And now my stay in this country is illegal and I am still earning money. Is this money (earned during illegal stay) is haram or halal? What is the status of my illegal stay with respect to teaching of Islam? What is the status of paper marriage with respect to teaching of Islam?

Answer:

If you have overstayed your prescribed period, then this is a serious violation of contract and must be stopped as soon as you can. Islam lays great stress on fulfilling one's promises and pledges. Giving one's word and then not honoring it is a grave crime in the eyes of Islam. As for the money earned, since this is a product of an illegal activity, it too cannot be regarded as desirable if not prohibited.…

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Career As Chartered Accountant

I have completed an ACCA exam and now I want to do CFA (Chartered Financial Analysist) for that I have registered but few people and are saysing that it' not halal as its all about the shares, stocks and investments etc. Kindly explain. Should I go for CFA or not?

Answer:

There is no harm in appearing for CFA examination. You will only know about the reality of this field when you will study it. Not everything in the stock market is haram. It is only the riba and gambling elements in it that are prohibited. Many Islamic Funds backed by Islamic scholars are running on the basis of investment in stock markets.

I would therefore suggest that you do both CFA as well as improve your…

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Lending, Riba And Infaq

Does Allah announce a reward in the Qur'an (or through Sunnah) for the people who lend their money to a businessperson who already has an established business and wants to expand further? I mean if I lend money to the poor without any riba or profit over it then understandably there are some heavenly gains for me. But interest-free lending to someone who wants to expand his wealth, which of course is not wrong as per Islamic law, so for this sort of situation what heavenly reward is there for me? Does Qur'an make it a subject anywhere? Or did the Prophet (sws) elaborate it any further?

Answer:

Islam encourages given away to those who are in need. It also has specified a heading that can benefit well off people. It says that one expenditure of the zakah in the state treasury is to help the people whose hearts are to be won over for the sake of Islam. It also has heading for the help of those well off people whose business has collapsed. This shows that at times we can give…

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Bribery

Is bribing someone acceptable in island if there seems no other way out? Please explain in the light of the hadith which says that the one giving bribe and the one accepting it both will go to Hell.

Answer:

There are two kinds of favours which are called bribe. When Mr A extends some favours or offers money to someone for obtaining something he does not deserve at all and which involves injustice to other parties it is bribe. It is not allowed to give and take such gifts. The evil in this practice and the injustice involved in the dealing is more than obvious.

There are however, cases when people in authority…

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Buying Property On Instalments

Are we allowed to purchase property in a non-Muslim country on instalments where the matter of bank interest (riba) is involved?

Answer:

In our view there is nothing wrong with this kind of transaction on the part of the customer. One certainly needs a lodging to live in. And there are many other situations where one is forced to borrow money from individuals and banks on interest. We believe that religious sources do not object to pay interest when circumstances force you.


However, before taking such loans on interest one must be sure that he cannot…

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Saving Certificates And Riba

Would saving certificate schemes be considered as Riba (interest)?

Answer:

Our teacher, Mr Javed Ahmad Ghamidi, is of the opinion that if the Pakistani government offers financial help to its old citizens on the basis of a scheme, it is okay because it is its obligation to do so. If the government is indulging in riba-based arrangement in doing so, it is not the responsibility of the individual.

My humble opinion is that insofar as simple pension is concerned, the principle is fine. However, if the…

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Bankruptcy In Islam

I am overloaded with debt from Credit Cards and medical bills and my income is less than my monthly expenses and I own very little. My only option is bankruptcy. I am very regretful about getting involved in a credit system which involves interest and for not being able to pay back my debt. At this point I don't have much choice. I was listening to a lecture by a renowned scholar who said: "Debt is not forgiven". I am very worried about this and want to seek Allah's forgiveness. Please advise me about what to do when bankruptcy is my only option. How do I seek forgiveness from Allah for my sin? Please help me brother. I am very worried.

Answer:

We believe that we are obliged to try to fulfill the rights of the fellow humans (and this includes institutions) before seeking God's forgiveness. However, if you think you have exhausted the best of your efforts and find no other way then you can intend to pay off any debts when you are able to do so and continue seeking God's forgiveness. God knows the most inner layers of our intentions and He knows how…

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