Podcast
Questions and Answers
Which group was primarily considered for inheritance in Jewish communities?
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?
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?
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?
In the pre-Islamic inheritance system, what role did adoption play?
What was a key aspect of inheritance based on contracts in pre-Islamic Arabia?
What was a key aspect of inheritance based on contracts in pre-Islamic Arabia?
What does the term 'mirath' primarily refer to?
What does the term 'mirath' primarily refer to?
Which of the following best describes the concept of Al-Faraidh?
Which of the following best describes the concept of Al-Faraidh?
Who legally interprets the rules of mirath according to Islamic teachings?
Who legally interprets the rules of mirath according to Islamic teachings?
What historical inheritance system did mirath seek to address?
What historical inheritance system did mirath seek to address?
What is the verb 'Waratha' associated with in the context of mirath?
What is the verb 'Waratha' associated with in the context of mirath?
Who is eligible to inherit property from the deceased?
Who is eligible to inherit property from the deceased?
What must be proved for an estate to be distributed to the heirs?
What must be proved for an estate to be distributed to the heirs?
Which of the following is NOT classified as a male heir?
Which of the following is NOT classified as a male heir?
How many total heirs are identified in the classification?
How many total heirs are identified in the classification?
Which of the following relationships would categorically disqualify a person from being a legitimate heir?
Which of the following relationships would categorically disqualify a person from being a legitimate heir?
What does the term 'legitimate heirs' imply?
What does the term 'legitimate heirs' imply?
What can happen to an heir's share if they die before receiving it?
What can happen to an heir's share if they die before receiving it?
What governs the distribution of property in Islam when a person dies without a will?
What governs the distribution of property in Islam when a person dies without a will?
Which of the following groups is NOT part of the three groups of relatives considered in Islamic inheritance?
Which of the following groups is NOT part of the three groups of relatives considered in Islamic inheritance?
How are funeral expenses handled according to Islamic inheritance law?
How are funeral expenses handled according to Islamic inheritance law?
What is the primary basis for inheritance rights in Islam?
What is the primary basis for inheritance rights in Islam?
Which subhead is NOT a category for distributing property according to the Qur’an?
Which subhead is NOT a category for distributing property according to the Qur’an?
Which of the following is a requirement for the expenditure on funeral expenses as per Islamic law?
Which of the following is a requirement for the expenditure on funeral expenses as per Islamic law?
What does the term 'Mirath' refer to in Islamic law?
What does the term 'Mirath' refer to in Islamic law?
Why is equitable distribution emphasized in Islamic inheritance law?
Why is equitable distribution emphasized in Islamic inheritance law?
Flashcards
Mirath (Inheritance)
Mirath (Inheritance)
The legal process of administering and distributing the assets of a deceased Muslim according to Islamic law.
Primogeniture
Primogeniture
A system where only the eldest son inherits the entire or majority of the father's property.
Science of Mirath
Science of Mirath
Rules that guide how property is inherited and distributed.
Al-Fardh
Al-Fardh
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Al-Mirath
Al-Mirath
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Inheritance in Pre-Islamic Arabia
Inheritance in Pre-Islamic Arabia
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Adoption and Inheritance in Pre-Islamic Arabia
Adoption and Inheritance in Pre-Islamic Arabia
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Contractual Inheritance in Pre-Islamic Arabia
Contractual Inheritance in Pre-Islamic Arabia
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Women and Inheritance in Pre-Islamic Arabia
Women and Inheritance in Pre-Islamic Arabia
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The 'Sword' Principle in Inheritance
The 'Sword' Principle in Inheritance
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Inheritance in Islam
Inheritance in Islam
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Equitable Distribution in Islamic Inheritance
Equitable Distribution in Islamic Inheritance
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Distribution of Estate in Islamic Inheritance
Distribution of Estate in Islamic Inheritance
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Funeral Expenses in Islamic Inheritance
Funeral Expenses in Islamic Inheritance
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Debts in Islamic Inheritance
Debts in Islamic Inheritance
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Legitimate Will or Bequest in Islamic Inheritance
Legitimate Will or Bequest in Islamic Inheritance
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Categories of Heirs in Islamic Inheritance
Categories of Heirs in Islamic Inheritance
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Basis of Inheritance in Islam
Basis of Inheritance in Islam
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Survival of the Heir
Survival of the Heir
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Legitimacy of the Heir
Legitimacy of the Heir
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Legitimate Ownership
Legitimate Ownership
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What is an Heir?
What is an Heir?
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Factors Affecting Inheritance
Factors Affecting Inheritance
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Heir Classification
Heir Classification
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Paternal Male Heir
Paternal Male Heir
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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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