Islamic Law of Inheritance (Mirath)

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Questions and Answers

Which group was primarily considered for inheritance in Jewish communities?

  • Female descendants and maternal aunts
  • All blood relatives regardless of gender
  • Male descendants, male ascendants, and paternal uncles (correct)
  • Only the eldest son

What principle of inheritance was established among the Jahilliyah Arabs?

  • Inheritance could be based on merit and skills
  • Only male heirs could inherit based on their ability to fight (correct)
  • Adoption granted equal inheritance rights as blood relations
  • Women were allowed to equally inherit alongside men

What was one consequence of the pre-Islamic inheritance system regarding women?

  • Women could inherit property only under certain agreements
  • Women could inherit if they were the eldest in the family
  • Women were completely denied the share of inheritance (correct)
  • Women had equal rights to inherit property

In the pre-Islamic inheritance system, what role did adoption play?

<p>It was a method abolished by Islamic teachings (A)</p> Signup and view all the answers

What was a key aspect of inheritance based on contracts in pre-Islamic Arabia?

<p>Relationship of any kind was irrelevant in inheritance agreements (B)</p> Signup and view all the answers

What does the term 'mirath' primarily refer to?

<p>Inheritance from the deceased to legal heirs (B)</p> Signup and view all the answers

Which of the following best describes the concept of Al-Faraidh?

<p>The principle that dictates who inherits and their respective shares (D)</p> Signup and view all the answers

Who legally interprets the rules of mirath according to Islamic teachings?

<p>Jurists from the generations following Prophet Muhammad (B)</p> Signup and view all the answers

What historical inheritance system did mirath seek to address?

<p>Primogeniture, where only the eldest son inherits (D)</p> Signup and view all the answers

What is the verb 'Waratha' associated with in the context of mirath?

<p>To inherit or receive property (A)</p> Signup and view all the answers

Who is eligible to inherit property from the deceased?

<p>Only those who were alive at the time of the deceased's death (D)</p> Signup and view all the answers

What must be proved for an estate to be distributed to the heirs?

<p>The legitimacy of ownership of the estate (D)</p> Signup and view all the answers

Which of the following is NOT classified as a male heir?

<p>Grandmother (B)</p> Signup and view all the answers

How many total heirs are identified in the classification?

<p>25 (C)</p> Signup and view all the answers

Which of the following relationships would categorically disqualify a person from being a legitimate heir?

<p>Any illegitimate children (C)</p> Signup and view all the answers

What does the term 'legitimate heirs' imply?

<p>They must be legally acknowledged individuals related by blood (D)</p> Signup and view all the answers

What can happen to an heir's share if they die before receiving it?

<p>The share remains theirs and is passed to their legal heirs (B)</p> Signup and view all the answers

What governs the distribution of property in Islam when a person dies without a will?

<p>Islam provides a pre-determined inheritance system. (B)</p> Signup and view all the answers

Which of the following groups is NOT part of the three groups of relatives considered in Islamic inheritance?

<p>Freed men (D)</p> Signup and view all the answers

How are funeral expenses handled according to Islamic inheritance law?

<p>They are paid from the property of the deceased. (B)</p> Signup and view all the answers

What is the primary basis for inheritance rights in Islam?

<p>Blood relationship, marriage, and clientage. (A)</p> Signup and view all the answers

Which subhead is NOT a category for distributing property according to the Qur’an?

<p>Personal taxes of the deceased (C)</p> Signup and view all the answers

Which of the following is a requirement for the expenditure on funeral expenses as per Islamic law?

<p>Must be within the financial means of the deceased. (A)</p> Signup and view all the answers

What does the term 'Mirath' refer to in Islamic law?

<p>The system of inheritance. (A)</p> Signup and view all the answers

Why is equitable distribution emphasized in Islamic inheritance law?

<p>To facilitate a collective social spirit. (D)</p> Signup and view all the answers

Flashcards

Mirath (Inheritance)

The legal process of administering and distributing the assets of a deceased Muslim according to Islamic law.

Primogeniture

A system where only the eldest son inherits the entire or majority of the father's property.

Science of Mirath

Rules that guide how property is inherited and distributed.

Al-Fardh

A fixed share designated for each legal heir in Islamic inheritance law.

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Al-Mirath

A broader term encompassing the principles of inheritance in Islam, including the science of Al-Faraidh.

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Inheritance in Pre-Islamic Arabia

In pre-Islamic Arabian society, inheritance was determined by blood relationships, with emphasis on military strength and contributions to the clan. Only those who could fight and defend were deemed eligible to inherit, excluding women, children, and the physically weak.

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Adoption and Inheritance in Pre-Islamic Arabia

The practice of adoption (Tabanni) in pre-Islamic Arabia established an inheritance right between the adopter and the adopted, regardless of blood ties. It was viewed as a way to create a familial bond and inheritance rights.

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Contractual Inheritance in Pre-Islamic Arabia

The system of inheritance in pre-Islamic Arabia was often based on contracts or agreements between individuals, allowing strangers to inherit property if mutually agreed upon. It was a system outside the traditional bloodline-based inheritance.

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Women and Inheritance in Pre-Islamic Arabia

Pre-Islamic Arabian inheritance laws frequently disadvantaged women, denying them any share in inheritance. They were often viewed as part of the deceased's property, reinforcing patriarchal societal norms.

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The 'Sword' Principle in Inheritance

In pre-Islamic Arabia, the prevailing inheritance principle was based on physical strength and martial ability, excluding individuals deemed weak or incapable of contributing to the clan's defense, including women, children, and the infirm.

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Inheritance in Islam

Islamic inheritance law ensures that a deceased person's property is distributed justly among their rightful heirs. This includes relatives, spouses, and other qualified claimants.

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Equitable Distribution in Islamic Inheritance

The Islamic legal system emphasizes equality and fairness in inheritance. Each heir receives a specific proportion of the estate based on their relationship to the deceased.

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Distribution of Estate in Islamic Inheritance

In Islamic inheritance law, the estate is divided amongst four main beneficiaries: funeral expenses, debts, bequests, and the heirs.

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Funeral Expenses in Islamic Inheritance

These expenses cover the cost of preparing the deceased for burial, including washing, shrouding, transportation, and burial.

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Debts in Islamic Inheritance

In Islamic inheritance law, debts incurred by the deceased are considered a priority and are settled before distributing the remaining estate to the heirs.

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Legitimate Will or Bequest in Islamic Inheritance

A will in Islamic inheritance law allows the deceased to designate specific portions of their estate for certain beneficiaries.

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Categories of Heirs in Islamic Inheritance

In Islamic inheritance law, heirs are categorized into three groups: 'Ashab al-furud' (relatives with fixed shares), 'Asabat' (male relatives), and 'Dhawu al-Arham' (distant kin).

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Basis of Inheritance in Islam

Islamic inheritance law considers relationships based on blood, marriage, and clientage (Wala) when determining the distribution of an estate. This system prioritizes family ties and fairness.

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Survival of the Heir

To inherit, the heir must be alive at the time of the deceased's death. Even if the heir passes away before receiving their share, the inheritance still belongs to them.

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Legitimacy of the Heir

The heir must be a legitimate relative of the deceased, meaning they have a legally recognized relationship.

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Legitimate Ownership

The assets being inherited must belong legally to the deceased. This is often proven through documentation like a will or property deeds.

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What is an Heir?

A person who inherits all or part of a deceased person's property.

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Factors Affecting Inheritance

The share of the inheritance an heir receives depends on their relationship to the deceased and the presence of other heirs.

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Heir Classification

There are 25 total heirs, 15 male and 10 female, with specific categories for each.

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Paternal Male Heir

A male heir who is related to the deceased through the father's side of the family.

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Study Notes

Islamic Law of Inheritance (Mirath)

  • Mankind has been chosen as a representative of Allah on Earth, possessing unique qualities
  • Islam established a systematic method for distributing a deceased Muslim's wealth
  • Pre-Islamic societies had different methods of inheritance based on varying rules and customs
  • Examples include primogeniture, where the eldest son inherits, or connection to tribal societies
  • There were no rules for the distribution of property for women, minors, or the weak, these were excluded from inheritance
  • Inheritance depended on blood relationships, adoption, and agreements
  • Islamic law prioritizes breaking up wealth concentration, respecting honest earnings, recognizing wealth trusteeship, maintaining the family unit, and encouraging economic activity.
  • The process of distributing wealth after death is determined by Islamic law.
  • The estate will include the decedent's various possessions (wealth, property, money, animals, houses, food, etc.)
  • The estate must be administered in accordance with the following order:
    • Funeral expenses (water, shroud, washer, grave-digger, burial ground)
    • Paying debts of the deceased
    • Handling any bequests (wasiyyah)
    • Distributing the estate to the rightful heirs.
  • There are different classification of heirs established, such as;
    • Sharers (those with fixed shares based on the Qur'an)
    • Agnates (relatives linked to the deceased through male lineage)
    • Distant kindred (Dhawul Arham)
  • Laws on inheritance prevents killing, different religions, and slavery.
  • Women have specific shares according to Islamic law; they are entitled to receive a portion or half of a man's share.
  • Islam's laws for inheritance are comprehensive and systematic, providing a clear and fair approach.

Pillars of Inheritance

  • The deceased person (legator)
  • The heir (inheritor)
  • The estate (property of the deceased)
  • The three pillars are necessary in order for inheritance procedures to take place.

Conditions of Inheritance

  • Certainty of death
  • Survival and legitimacy of heirs
  • Legitimacy of inheritance
  • These conditions, must be met before the Islamic process of inheritance can occur

Will/Bequest (Wasiyyah)

  • These are gifts made by the deceased before death to non-inheritors.
  • Bequests cannot exceed one-third of the estate
  • Bequests can be related to projects, like building mosques, or donation.
  • Important aspect of Islamic inheritance system

Exclusion from Inheritance (Hajb)

  • Complete exclusion (Hajb al-Hirman) - prevents a second-degree relative from inheriting if a first-degree relative exists
  • Partial exclusion - reduces the share of a second-degree relative if a first-degree relative is present in the line of succession to inherit a relative’s estate.

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