Inheritance & Its Distribution
in Islaam!
Inheritance Shares Do Not Add Up!
Refutation to Christian Missionaries Forgeries &
Perjuries.
By:
Shahid Bin Waheed شاهد بن
وحيد
بسم الله
الرحمن
الرحيم
الحمدلله
رب العالمين
والصلوة
والسلام على
اشرف
الانبياء
وسيدالمرسلين
نبينا محمد صل
ا لله عليه
وعلى آله واصحابه
وازواجه
اجمعين -
امابعد
All the praises and thanks be to Allaah, Sustainer of the Universe, and blessing and salutation to be the most distinguish of the Messengers and foremost among the Prophets, our Prophet Muhammad, peace and blessings of Allaah be on him and on his wives, children and Companions.
Anti-Islaam forces claiming
the contradictions in Glorious Qur’aan in its “Inheritance Laws” that “it just
does not add-up” attack often Islaam.
While
trying to prove their case anti-Islaam forces do not offer a shred of evidence
that how Bible or they have a better solution, and what is actually wrong in
Islaamic inheritance laws?
Anyone who
has seen their absurd claim may have noticed that anti-Islaam element[s] do no
even know the very basic formula of Islaamic Shariah شريعه for calculation, which is inevitable for
fairness and justice according to Islaam.
This treatise is
to point out their flawed logic, which they use purposely to distort the truth.
Whatever
does a person own at the time of his or her death (wealth or property,
moveable and/or immoveable, cash, jewellary, clothes,
virtually everything big or small; even an ordinary needle and thread) come
under his or her inheritance (Turka تركه)
according to Shariah شريعه? This also includes clothes the deceased
was wearing at the time of death. In addition of that, any loans given by the
deceased to someone, which remain unrealized but are received after the death
of the deceased shall also be counted as part of total inheritance.
There
are four claims (rights) on the total inheritance of the deceased in the
order given below. Their disbursement, in accordance with the rules laid out in
the Shariah شريعه, is Wajib واجب (obligatory).
This must be done faithfully and precisely by the inheritors. The Shariah شريعه rule is so strict that nobody is permitted even to take out a piece
of gum (and put it in his or her mouth) that is lying inside the pocket of the
deceased unless one has the expressed permission of the sharers of the
inheritance, for that gum is not the share of one person alone.
The
four claims or rights are:
1.
The preparation
of deceased by bathing and shrouding.
2.
The financial
claim or debt owed by the deceased to someone.
3.
The valid will or
testament made by the deceased.
4.
The distribution
of inheritance among inheritors.
That means the expenses on
the bathing; shrouding and burial should be paid from the estate and/or
inheritance as a matter of first priority. What remains should be used to pay
off all debts owed by the deceased. Then, what remains should be applied
against any valid will made by the deceased, which should not exceed the limit
of one-third. After that, the remaining two-third of the inheritance should be
distributed among all inheritors in accordance with the shares fixed by the
Shariah. If the deceased had no debt to pay back, nor had he made a will about
the inheritance, then, whatever of inheritance remains after paying for the
bathing, shrouding and burial, will all belong to the inheritors, who will
inherit it in accordance with the shares fixed by the Islaamic Shariah شريعه.
At this
point I would like to point this for my readers that what they see at Christian
missionary web site “answering-islam” is nothing but
a number game like Enron’s accounting, which is missing most of the inevitable
parts and rules described above. Means, when you don’t add and subtract as I
have stated above, you certainly will have variation. That by the way can also
be created by manipulating numbers while not adding and/or subtracting as
required by Islaamic Shariah.
Christian missionary’s
claim has further flaws and/or is deceptive in nature to confuse the issue,
since they purposely avoided to address following:
·
Things not
included under inheritance?
·
Any pension
received after death is not included in the inheritance?
·
Some possessions
of the deceased are also not included in his/her inheritance?
·
What has been
set-aside for a particular person during one’s lifetime is included in
inheritance?
·
Paying
debts owed to Allaah? *
·
Valid and Invalid
Will, if any?
·
Fidya of
prayers and/or fasts? *
* The two in red in my opinion are something in every
case makes a difference.
Inheritance Shares Do Not
Add Up!
An absurd article full of usual
perjuries and forgeries under title Inheritance shares do
not add up by an unnamed author can be found at the anti-Islaam website
“answering {assaulting} islam”, which perhaps
have same people as its readers/audience, which are seen at “Jerry Springer”
show each night on TV.
The article begins with the
citation of English translation of verses 4:11, 12, & 176 from the Glorious
Qur’aan, with as usual some non-Islaamic sources and/or references {that cannot be accepted} along with an incomplete
and inconclusive reference from the book "Islamic Inheritance Law" by
Dr. Yusuf Ziya Kavakci.
Also used as incomplete reference "The Reliance of the Traveler" by Nuh Ha Mim Keller. The author of this article has purposely, willfully and
deliberately concealed the correct information that is/was at his/her disposal.
NO one should be surprise about it, since it is coming from Christian
missionary. By the way the article also contains some links that doesn’t
work either.
I was also disappointed to see
some Muslims gobbledegooks on this subject
matter, not to mention few individuals and their websites, which are the
stars of website “answering {assaulting} islam”
to name a couple; are: Osama Abdallah of
website “answering-christianity.com” & Akbarally
Meherally of website “mostmerciful.com” (both Murtadds),
beside some others.
Setting
the record straight!
Since enemies of Islaam
are ignorant of the correct teachings of Islaam and/or of Glorious Qur’aan and
Sunnah while they are fabricating lies, let me sum up the teachings of
Inheritance Laws of Islaam.
There are four rights that
must be fulfilled in respect of the estate of a deceased Muslim. It is
necessary that the correct sequence of fulfilling these rights be carefully
upheld. These four rights are as follows:
1.
That the expenses for
the necessary requirements from the time of death until completion of the
burial be drawn as a first charge from the estate.
2.
Thereafter, from the
remaining Tarakah (estate) all debts including
unpaid Mah-r (dowry) shall be paid.
Both, or either one, of these debts shall be second charge to be drawn from the
estate (Tarakah).
3.
Thereafter, any Wa’siyah (testament or bequest) in favor of
non-heirs shall be fulfilled from one-third (1/3) of the Tarakah
(remaining estate). This due and liability shall be third charge drawn from the
remaining estate. {Islaamic Shariah only allows a Wa’siyah
in one third of the Tarakah (remaining
estate). The Shariah disallows any portion of Wa’siyah,
which is in excess of 1/3 (one third) of the Tarakah.
This Wa’siyah shall be a first charge to be
paid before the rightful inheritors receive their share from the Tarakah.}
4.
Lastly, the Tarakah (final residue) of the estate shall be
distributed among the rightful heirs of the deceased Muslim according to the
law of inheritance specified by the Glorious Qur’aan, Sunnah, and Ijmaa.
Factors
that may prevent inheritance! The following four factors that prevent
inheritance.
1.
To be a slave, whether this status of being a
slave is in the fuller sense of the word, or even the status of being a Moekaatab (a slave who shall be free upon the death
of the master). This rule is applicable even though the slave has an agreement
with the master for payment of compensation to gain freedom, or where the slave
(female) becomes an Umm-e-Walad (a
mother of master’s off-spring).
2.
To be guilty of an assassination by which one
shall be liable for compensation, or when one should deserve the death
sentence.
3.
To be an adherent of other religion/s.
4.
When a person who recently embraced Islaam
choose to reside in and remain as domiciled of separate and different religious
state/s.
1. One half
(1/2)
2. One
quarter (1/4)
3. One eight
(1/8)
4. One third
(1/3)
5. Two third
(2/3)
6. One sixth
(1/6)