Month: January 2015
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.
Below are the solutions (for both scenarios) to the problem given at the conclusion of the previous post:
Firstly, a hint was given. Here is answer to the hint: The baby of the step-mother is the mayyits allaati sibling.
Male (Allaati brother): The estate will be divided into 72 equal portions:
The Mother will get 12 portions.
Each Haqeeqi sister will get 16 portions.
The Allaati brother will get 6 portions.
Each Allaati sister will get 3 portions.
Everyone else is deprived.
Female (Twin Allaati sisters): The estate will be divided into 18 equal portions:
The Mother will get 3 portions.
Each Haqeeqi sister will get 4 portions.
The Allaati nephew will get 3 portions.
All others, including the allaati sisters, are deprived in this case.
Any questions/confusions concerning the above solution should be posted in the comments section, insha’Allah.
In Islamic fiqh (jurisprudence), the one who has both male and female reproductive organs is called a khuntha, or hermaphrodite. With regards to Islamic law, all measures will be taken to determine the gender of the hermaphrodite. Once the gender is determined, he/she will be treated as that gender for all shar`i ahkaam (legal rulings), including inheritance.
Certain signs need to be analyzed to determine the sex of the hermaphrodite, the first of which is the organ it uses to urinate. If it uses the male organ, he will be classified as a male; if it uses the female organ, she will be classified as a female. If the hermaphrodite urinates from both the male and female organs, then the first one to release urine will determine the gender. These signs should be analyzed at or immediately after birth to ascertain the sex of the hermaphrodite.
If these signs were not analyzed as a newborn, the sex can still be ascertained later, when more signs appear. These are outlined below.