Q. 1: General principles of inheritance.
1. Preface
Under the Islamic rules of law the concept of inheritance is meant where
a legal heir of the deceased person is entitled to receive the property of
deceased which he has left behind him either by will or by operation of
law. After the death of a Muslim his properties are used for the payment
of funeral expenses, returning of debts and the legacies, after these
payments the remaining property is called heritable property"
2. Interpretation of guardian
The term inheritance is referred, when someone lawfully receives
property upon the death of his relative as his legal heir even without a
will
3. Importance of inheritance in Islam
Following Hadith shows the importance of inheritance in the Islam.
Hazrat Anas (R.A) related that the Prophet (P.B.U.H) said:“ If anyone
deprives an heir of his inheritance, Allah will deprive him of his
inheritance in Paradise on the Day of Restoration.” (Suna Ibn Majah)
4. Objects of inheritance
Following are the objects of the inheritance under Islamic law. When a
Muslim dies there are four duties which need to be performed by heirs.
1. Funeral and burial expenses
It is the main object of the inheritance is that expenses of funeral
and burial to be paid from the property of the deceased
2. Clearance of debts
, It is the second object of the inheritance is that all debts of the
deceased to be paid from the property of the deceased
3. Determination of will
It is third and important object of the inheritance is that a will to be
determined if it was made by the deceased during his life time (which
can only be a maximum of one third of the property).
4. Distribution of remainder property
∙ It is fourth and last object of the inheritance is that remainder of
the property of the deceased to be distributed among the relatives
of the deceased according to Shariah Law
5. Principles of inheritance
Whenever a Muslim dies, all his property will be inherited by his legal
heirs. Subsequently, on the death of every such legal heir, following are
some principles of inheritance.
1. Birth right
∙ Newly born child is not entitled to get right of inheritance on his
birth. He cannot get this right until the death of his ancestor. After the
death of ancestor, he can become a legal heir and is entitled to get a
share in property of deceased.
2. Doctrine of Representation
∙ Under this doctrine, if during the lifetime of an ancestor, his legal
heir dies but leaves latter heirs behind him; in this case such heir will
get entitled to receive the share of the property of deceased as he is
representing his immediate generation.
3. Per capita distribution
1. Preface
Under the Islamic rules of law the concept of inheritance is meant where
a legal heir of the deceased person is entitled to receive the property of
deceased which he has left behind him either by will or by operation of
law. After the death of a Muslim his properties are used for the payment
of funeral expenses, returning of debts and the legacies, after these
payments the remaining property is called heritable property"
2. Interpretation of guardian
The term inheritance is referred, when someone lawfully receives
property upon the death of his relative as his legal heir even without a
will
3. Importance of inheritance in Islam
Following Hadith shows the importance of inheritance in the Islam.
Hazrat Anas (R.A) related that the Prophet (P.B.U.H) said:“ If anyone
deprives an heir of his inheritance, Allah will deprive him of his
inheritance in Paradise on the Day of Restoration.” (Suna Ibn Majah)
4. Objects of inheritance
Following are the objects of the inheritance under Islamic law. When a
Muslim dies there are four duties which need to be performed by heirs.
1. Funeral and burial expenses
It is the main object of the inheritance is that expenses of funeral
and burial to be paid from the property of the deceased
2. Clearance of debts
, It is the second object of the inheritance is that all debts of the
deceased to be paid from the property of the deceased
3. Determination of will
It is third and important object of the inheritance is that a will to be
determined if it was made by the deceased during his life time (which
can only be a maximum of one third of the property).
4. Distribution of remainder property
∙ It is fourth and last object of the inheritance is that remainder of
the property of the deceased to be distributed among the relatives
of the deceased according to Shariah Law
5. Principles of inheritance
Whenever a Muslim dies, all his property will be inherited by his legal
heirs. Subsequently, on the death of every such legal heir, following are
some principles of inheritance.
1. Birth right
∙ Newly born child is not entitled to get right of inheritance on his
birth. He cannot get this right until the death of his ancestor. After the
death of ancestor, he can become a legal heir and is entitled to get a
share in property of deceased.
2. Doctrine of Representation
∙ Under this doctrine, if during the lifetime of an ancestor, his legal
heir dies but leaves latter heirs behind him; in this case such heir will
get entitled to receive the share of the property of deceased as he is
representing his immediate generation.
3. Per capita distribution
