Month: December 2014

The Unborn Baby

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Below is the answer to the problem given at the conclusion of the previous post:

The Paternal grandfather gets 1/4 from first mayyit + 2/13 from second mayyit. Total money value = $9,000
The Husband gets 3/13 from the second mayyit. Total money value = $6,000
Each Daughter gets 2/13 from the second mayyit. Total money value = $4,000 each

Any questions/confusions concerning the above answer should be posted in the comments section insha’Allah.

The unborn baby (i.e. the fetus) also has the right to inherit. It is haraam to deprive the unborn baby (who would have been an heir of the mayyit) from the mayyits estate.

When the wife of the mayyit is pregnant (or any other woman is pregnant whose baby can be an heir of the mayyit), it is recommended that the distribution of the estate be delayed until the child is born, so its sex can be known.

However, if the heirs do decide on immediate distribution, the child should be assumed a male and his portion should be kept aside for him as a trust (amaanah). If the child is born a male, all is well and the distribution already effected will remain valid. If, however, the child is born a female, the distribution will not be valid and the estate will have to be correctly redistributed.

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Munaasakha – Distribution of Inheritance Through Multiple Mayyits

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It sometimes happens that the estate of the mayyit is not wound up immediately. The delay in the distribution of the estate may last for decades, whether due to legal wrangling, internal disagreement, or simply ignorance. If such a delay is due to the neglect of the parties involved, they are guilty of a major sin. It is essential to distribute the estate of the mayyit as quickly as possible.

Whatever the reason for the delay, it is possible that during this interim one or more of the heirs die. If the interim continues, an heir of the second mayyit may also die, and so on. Now the inheritance needs to be distributed through two mayyits and their heirs. The more heirs that pass away during the delay, the more complicated the inheritance problem becomes. The method of calculating inheritance through multiple mayyits and their heirs is called munaasakha.

Insha’Allah, by the end of this post you will learn how to solve munaasakha problems.

Now that you’ve gotten a general understanding of the concept, lets jump right into the examples.

Please note that in order to facilitate full understanding of this topic, we will also be calculating the actual money value of the shares.

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