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.
Here is the answer key for the mini-quiz we concluded with in the previous post:
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:
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.
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.
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.
In the previous post, we learned what happens when multiple `asabaat categories remain “un-excluded” even after applying the rules of hujub hirmaan (total exclusion).
To summarize, we learned that such cases can only occur when a daughter or granddaughter (or both) inherit along with either a haqeeqi sister, an allaati sister, or both. We learned the principle that in such cases we simply give the residue to the category that is closest in relation to the mayyit, and this category will always be either the haqeeqi sister or allaati sister (depending on if they both or only one of them are present). Insha’Allah, all this should be clearly understood before moving on.
A basic rule we learned from the very first post was that the zaawil furoodh get priority in inheritance. They inherit first, and whatever is left (i.e. the residue) will go the the `asabaat. In this post, insha’Allah, we will learn (and practice) such cases where an `asabaat category is “un-excluded”, yet it is still deprived because there remains no residue for it to recieve. In other words, these are scenarios in which – even after applying the rules of hujub hirmaan – an `asabaat category remains, yet it is still deprived simply because the zaawil furoodh have exhausted the entire estate and there is nothing left for it to inherit.
Insha’Allah, if you’ve made it this far, you’ll find these problems to be very simple.