Fourth Category of Zaawil Arhaam
Fourth category of zaawil arhaam consists of uncles, aunts and cousins who are not already `asabaat and may only inherit if the first three categories do not exist. This category can be split up into three classes:
Class 1 consists of aunts and uncles and is subdivided into two sub-classes. Class 1(a) consists of paternal uncles/aunts while class 1(b) consists of maternal uncles/aunts.
Class 1(a):
- Haqeeqi paternal aunt (father’s haqeeqi sister)
- Allaati paternal aunt (father’s allaati sister)
- Akhyaafi paternal aunt (father’s akhyaafi sister)
- Akhyaafi paternal uncle (father’s akhyaafi brother)
Class 1(b):
- Haqeeqi maternal uncle (mother’s haqeeqi brother)
- Haqeeqi maternal aunt (mother’s haqeeqi sister)
- Allaati maternal uncle (mother’s allaati brother)
- Allaati maternal aunt (mother’s allaati sister)
- Akhyaafi maternal uncle (mother’s akhyaafi brother)
- Akhyaafi maternal aunt (mother’s akhyaafi sister)
Second Category of Zaawil Arhaam
The second category of zaawil arhaam consists of ascendants who are not already zaawil furoodh or `asabaat and may only inherit if the first category does not exist. This category can be split up into the following two classes:
Class 1: Maternal grandfather
Class 2:
- The maternal grandfather of the mayyit’s father – Father’s Mother’s Father
- The paternal grandfather of the mayyit’s mother – Mother’s Father’s Father
- Mother’s maternal grandfather – Mother’s Mother’s Father
- Mother’s paternal grandmother – Mother’s Father’s Mother
First Category of Zaawil Arhaam
The first category of zaawil arhaam consists of descendants who are not already zaawil furoodh or `asabaat, and can be split into the following three classes:
Class 1: Daughters’ Children
Class 2: Son’s Daughter’s Children
Class 3: Daughter’s Children’s Children
Again, the order here is very important. If a member of class 1 is present, any and all members of class 2 and class 3 are excluded. Similarly, class 2 excludes class 3.
The detailed rules for each class are presented below, followed by examples.
Introduction to Zaawil Arhaam
In the very first post, The 3 Main Types of Heirs, we learned about the three major types of heirs in `ilm-ul-faraa’idh. These were: zaawil furoodh, `asabaat and zaawil arhaam. At this point, we know quite a bit about the first two types, alhamdulillah. Now, insha’Allah, as promised in the first post, its time to commence a a detailed study of the third type of heir.
Until now, we have been referring to the zaawil arhaam members simply as “non-heirs” for the sake of simplicity. We will no longer be doing this. Now, the only non-heirs are The True Non-Heirs. From this point on, the zaawil arhaam will simply be referred to as zaawil arhaam.
The members of the zaawil arhaam group can be loosely defined as potential heirs who are not already zaawil furoodh or `asabaat.
The zaawil arhaam are divided into four categories:
- Descendants (grandchildren, great-grandchildren etc.)
- Ascendants (grandparents, great-grandparents etc.)
- Nephews and Nieces
- Uncles, Aunts and Cousins
Quiz #2 – Answer Key
Below you will find the answer key to Quiz #2. All answers are in standard format.
Please check your answers insha’Allah and determine your grade according to the grading method below:
Grading Method:
Each question is worth 1 point for a total of 15 points.
- An answer in which even a single heir received inheritance when he/she was supposed to be deprived will receive 0 points.
- An answer in which even a single heir was deprived when he/she was supposed to receive inheritance will receive 0 points.
- An answer in which even a single heir received more or less than their due share will receive 0 points.
- An answer in which even a single heir was assigned a non-whole number of portions (i.e. 1.5 portions, 2.33 portions, 1/2 a portion etc.) will receive 0 points.
- An answer in which a higher base number (and hence, different portions) is used, but ultimately the fractions of portions over base number come out to be equal to the ones in the answer key will receive 1/2 a point. This is because using a higher than necessary base number – although it will get you to the correct answer – is considered inefficient and “bad” inheritance problem-solving practice.
- All answers to the unborn baby scenarios in which only one case (either the male or female) is correct will receive 1/2 a point. Of course, if both are incorrect, that’s 0 points.
- All answers to the mafqood scenarios in which only one of the two final answers is correct will receive 1/2 a point. Of course, if both are incorrect, that’s 0 points.
- A completely correct answer (with same base number and portions used as in the answer key) will receive 1 point.
Quiz #2
Below is the answer to the problem we concluded with in the previous post:
Firstly, a share will be set aside for the mafqood in this case.
The estate will be divided into 6 equal portions:
The Grandmother will get 1 portion.
The Father will get 1 portion.
4 portions are set aside for the mafqood son in case he returns. In case he is declared dead, the 4 portions will be given to the father, giving him a total of 5 portions.
We have reached another milestone in our study of `ilm-ul-faraa’idh, mashaa’Allah. If you have made it this far, take a second to sincerely say Alhamdulillah.
Below you will find your second major quiz. Be warned that this one is considerably harder than quiz #1. Also know that the study of `ilm-ul-faraa’idh – and therefore our quizzes – are cumulative. Meaning, everything you needed to know for quiz #1 is also necessary to know for quiz #2, along with all the new topics we learned up until this post.
This quiz consists of 15 inheritance scenarios. Each scenario is designed to test you on one or more specific topics; some may involve radd or `awl, some may involve adjusting the base number, some may involve special cases such as the khuntha mushkil or inheritance by dual relationship, and yet others may involve a combination of these. Your job is to simply figure out what kind of problem you are dealing with and come up with a final answer. The final answer, of course, should be written out in the standard format which we are more than familiar with at this point.
Before attempting the quiz, it is advised that you take some time – ideally, at least a few days – to study the material. Anything we’ve learned so far is fair game for the quiz, so its imperative that you at least review all previous posts before scrolling down and even looking at the quiz.
Finally, since this is a major quiz, it goes without saying that you must do it without any outside help and without looking back at previous posts.
Special Case: The Mafqood (Missing Person)
Below is the answer to the problem we concluded with in the previous post:
The estate will be divided into 6 equal portions:
The Mother gets 1 portion.
The Haqeeqi sister gets 3 portions.
The Akhyaafi brother/Haqeeqi paternal uncles son gets 2 portions.
Everyone else is deprived.
Any questions/confusions about the above answer should be posted in the comments section below, insha’Allah.
Our Shari`ah is arguably the most comprehensive collection of laws and ahkaam in existence. This is clear from previous posts (such as the post regarding the khuntha mushkil) and the hundreds of fiqh kitaabs that have been written expounding laws on almost every topic imaginable. One great example of the comprehensive nature of the Shari`ah is the laws regarding the mafqood, or the missing person.
In inheritance law, a missing person (mafqood) is assumed to be alive with regards to his estate and dead with regards to the estate of others. In other words, the mafqoods estate will not be divided and distributed among his heirs until his death is confirmed or decreed by a shar`i court. On the other hand, if the mafqood is an heir, he will not inherit in the estate of the one he would have inherited from had his whereabouts been known.
A mafqood will be declared dead by a shar`i court (or a shar`i council in the absence of a formal court) by way of reliable information. If no reliable information comes forth, the mafqood will be declared dead when his age reaches 90 Islamic years. This time-span of 90 years is according to early Hanafi fuqaha (jurists). Some later hanafi jurists have ruled according the Maliki madhab, which declares the mafqood dead at the age of 70 Islamic years and some have opted for an even lesser duration. Nevertheless, whenever the mafqood is declared dead, his estate will be divided and distributed among the heirs who were alive when he was declared dead. The heirs who passed away before the mafqood was declared dead will not inherit.
Special Case: Inheritance by Dual Relationship
Here is the answer key for the mini-quiz we concluded with in the previous post:
- Yes
- No
- No
- No
- No
- Yes
Any questions/confusions should, as always, be expressed in the comments section below, insha’Allah.
In certain cases of inheritance the mayyit may have two relationships with an heir. Such an heir will inherit through both relationships. The way to solve such a problem is simple; the heir will be treated as two distinct people, inheriting as both, and getting the sum of the two shares at the end.
Lets try one out, insha’Allah.
Example 1: A woman dies leaving behind
- Husband/Haqeeqi paternal uncles son
- 1 Haqeeqi paternal uncles sons
The mayyits husband is also her haqeeqi paternal uncles son, i.e. cousin.
This is a case of a woman marrying her paternal cousin. In this case, the husband will inherit as a husband and also as a cousin. In addition, the mayyit also has another separate cousin of the same kind. In conclusion, the mayyit has two cousins, one of them also being her husband. We can turn this into a new list of distinct heirs as below:
Special Case: `Umariyyataini
Below is the answer to the problem we left you with in the previous post:
The estate will be divided into 12 equal portions:
The Husband will get 3 portions.
The Mother will get 2 portions.
The Father will get 2 portions.
The khuntha mushkil will get 5 portions.
In this case, the khuntha mushkil was treated as a male (i.e. son).
Any and all questions regarding the above answer should be posted in the comments section insha’Allah.
There are two specific cases in inheritance in which the normal rules regarding the parents do not apply. These are the following
- Mother, Father, and Husband
- Mother, Father and Wife/Wives.
In these two cases, rather than getting their prescribed shares as zaawil furoodh, the parents will be treated as `asabaat and receive the residue in a 2:1 ratio. The father will get twice the share of the mother, similar to how a son and daughter would inherit. The husband or wife will get his/her prescribed share as normal.
These two cases arose and were resolved during the caliphate of `Umar (radhiallaahu `anhu), and are thus known as the `umariyyataini (The two `Umar cases). These two specific cases are the only ones of their kind, so you, as the reader, must simply memorize these two special cases and be able to recognize them when they appear.
Islamic Inheritance Laws 