Wednesday, September 24, 2014

Islamic law of inheritance

Islamic law of inheritance

Free encyclopedia,
Islam   in Arabia in the days before the Legacy was distributed only in men. Reserved all heirs of the set and the legacy of the close relationship that does not need to.      
Sunni faith Qur'anic injunctions do not reject the old Arab custom, but also so that they improve women to be involved in the inheritance. According to Shia belief, the Qur'an is not supported by the old Arab custom for rejecting it completely adopt the new method should Qur'an.
Legacy before distribution 

Go shroud for burial expenses.
gorila off of loans which have been borrowed , seal , Zakat and includes days missed penalty.    
Gift . Anything freedom to anyone. The things in life can never be taken back. advice . It can be written lil notches and this heritage can be up to one third of the total. It would be only after death and can not find a family.

Heritage distribution

Men  and women are both right. part of the man is the woman's section twice. (Men's seal and family responsibility) Qur'an as part of a set of six 1/8, ¼, ½, 1/6, 1/3, 2/3 sometimes the presence of an heir The second part of the heir does. It says the hijab. heritage must be less or more distribution. , If no heir dies before the distribution gets part of the heritage of his family. [ [1]




Brother and sister get twice the natural biological grandchild granddaughter gets doubled. Half brother, a father, a brother and sister to sister is two-fold, but a mother, sister, half-brother is equally uterine brother and uterine sister. brothers  and sister do twice as well as natural biological grandchildren granddaughter gets doubled. half- A father's brother in sisters and brothers and sister, but a mother is two-fold, half- brother, sister, uterine brother and uterine sister gets equally.      
Islamic law of inheritance, the first son of the deceased father of the deceased brother of the deceased and the deceased uncle. brothers   and uncle of the deceased.

Permanent successor 

If they get in each case at the time of death of the deceased alive.

Other heirs 

In some situations they get and do not get into the situation.
In the presence of close relatives and distant relatives do not have a son in the presence of grandchildren.   
If a son is alive, then another dead son's children (orphaned grandchildren) do not get the part.

Quranic heir 

Nine relatives of the Qur'an has been described. Jurisprudential adding three more relatives conjecture. Thus twelve relatives inherit YOU Know the Beta is not included.
these eight women and four men.
• Father
• grandfather or great-grandfather of one of the above. (Conjecture)
• husband
• Wife
• daughter
• Grandchild or Great granddaughter (conjecture)
• Commentary
• biological father, step-sister,
half-sister of mother •
• mother and half brother brother
• Mother
• Nani (conceive based)
If they get to their share of the part is defined in the Qur'an. Let others have a share of the property, as children prambors.

Orphaned grandchildren's inheritance

Orphaned grandchildren on the legacy of the great difference is found. Others prambors orphaned grandchildren whose parents have died in the life, calling his grandfather remote relatives feel excluded from the inheritance. Some scholars orphaned grandchildren grandfather told entitled to inheritance. Mohammad Akbar, a few aspects of his thryrurast [1] for the legacy of the Quranic arguments dyyyhyn orphaned grandchildren.   

Terms  

Heirs of the deceased / woman to death when life must be. adopted child inherited not get any. illegitimate offspring inherited no part in it. maid and inheritance of the children is justified. slave inheritance There is no part. Independent may inherit slave maid deceased child's mother if her legacy is not a part. [2] If the wife is pregnant , then the stomach is part of the legacy of the baby if they are born alive. son in the presence of her children (grandchildren) and in the presence of his daughter's children (grandchildren) do not share. pagan and Muslim and infidel Muslim inheritance is not possible. killing the victim, even if it does not will inherit. (Tirmidhi, Ibn Majah)   
  
   

   
    

       

After the division of inheritance 

Heritage should avoid anything after the split.
something left no son, and if it's not the closest relative of the man will get.
heritage over the entire section will be present all the heirs of the share the same ratio will be less. (Will not be less than the same amount)    

Children of 

Is Organization Name in the presence of her son, but the son of every part of every child's double.
they die / with two or more daughters and no son is not equally distributed in two-thirds of the heritage will be given. But if a daughter inherits half of it will. (NISA 11)
if the child is not entitled to place orphaned daughter granddaughter. Grandchildren mentioned in the Qur'an, but the Sunni scholars are unanimously considered the heir. A daughter and granddaughter of the deceased is an orphan daughter and granddaughter will get half sixth. In total, it is two-thirds.
orphaned granddaughter in the presence of two or more daughters / granddaughters is absolutely not.
they also orphaned grandchildren will inherit a double grandson of the granddaughter.
grandson granddaughter not inherit Men get to their grandparents the woman] onian Diabolical inherited from generation to generation operates.
they die / The only son and heir to one another is not the whole of it will. But if there is no heir and his / her part will be the extracted.

Part of parents 

Deceased (who died / A) of the children or grandchildren if the parents will get a sixth each. (The parents of the man she will not double). Other children and other heirs (wife or husband) will be distributed.    

There are children or grandchildren of the deceased and the other no heir (wife or husband) is not even a third of the mother and father would get two-thirds.
Are not the children of the deceased brothers and sisters (into 'by the father or by the mother) is the sixth part of the mother. brothers   are (into 'by the father or by the mother), the mother It is part of the sixth.
Mom was not part of the mother and father of the father grandmother grandfather to get.

Part of the husband and wife 

If the wife dies and the children are not orphaned grandchildren (no husband) will inherit half of the husband. But if a woman have children or grandchildren will inherit orphaned tusuhr the quarter.
If the husband dies and has no children, so his legacy will be his wife and more than one quarter of the wives will be divided equally among them.
But if the husband has no children, it is the eighth part of the wife will.

Brothers and sisters of the brothers   and sisters of [ edit ]

If both parents are deceased, if alive, would not be part of the brethren and sisters of the deceased.
If a man or woman without children and parents (if the heir), a brother and / or sister (whose mother and father are different) will receive both the sixth (the woman, the man will not double) and then a more than two -thirds of the inheritance will be divided equally. If only two brothers (no sisters) or sisters (and brothers None) then both will get a sixth. Nisa 12 brother   and / or sister (whose mother and father are different) will receive both the sixth (the man will not get a double) and then a more than two-thirds of the inheritance will equally divided. If only two brothers (no sisters) or sisters ( and brothers None) then both will get a sixth. Nisa 12   
If a man or woman without children and parents (the heir) and one brother (by his father), then all of the brothers will inherit. (Surah Nisa verse 176), brother   (by his father), then brother, you will receive the full inheritance. (Surah Nisa verse 176)  
If a man or woman without children and parents (the heir) and one sister (by parents) will then inherit half sister. (Surah Nisa verse 176)
If a man or woman without children and parents (the heir) and two or more sisters (from the Father), then two-thirds of the inheritance will be divided equally.

Quranic References 

Only three verses of the Qur'an explains in detail the distribution of inheritance. They are.
"Allah instructs your children about the two women is equal to that of men. If (heirs of the deceased), more than two-thirds of the girls when they were inherited. If you inherit one girl is half his estate. If the deceased's children, parents must meet each of the sixth. Children, and he was (just) parents inherit the third to be a mother. I am also the mother of the deceased siblings are entitled to sixth. (This section will be removed at the time ), while the death of the deceased are to be fulfilled, and that the debt be paid. You do not know you, your parents and children who close you are to profit by. This section has set him and Allah knows the truth and is the Knower of all interests. "(Sura Nisa verse 11)

جو مال تمہاری عورتیں چھوڑ مریں اس میں تمہارا آدھا حصہ ہے بشرطیکہ ان کی اولاد نہ ہو اور اگر ان کی اولاد ہو تو اس میں سےجو چھوڑ جائیں ایک چوتھائي تمہارا ہے اس وصیت کے بعد جو وہ کر جائیں یا قرض کے بعد اور عورتوں کے لیے چوتھائی مال ہے جو تم چھوڑ کر مرو بشرطیکہ تمہاری اولاد نہ ہو پس اگر تمہاری اولاد ہو تو جو تم نے چھوڑا اس میں ان کا آٹھواں حصہ ہے اس وصیت کے بعد جو تم کر جاؤ یا قرض کے بعد اور اگر وہ مرد یا عورت جس کی یہ میراث ہے باپ بیٹا کچھ نہیں رکھتا اور اس میت کا ایک بھائي یا بہن ہے تو دونوں میں سے ہر ایک کا چھٹا حصہ ہے پس اگر اس سے زیادہ ہوں تو ایک تہائی میں سب شریک ہیں وصیت کی بات جو ہو چکی ہو یا قرض کے Provided it does not harm others after the order of Allah and Allah is the Knower restraint (al-Nisa verse 12)

They ask that you call it. Heir Allah (children without parents) gives the fatwa. If a man dies, his sister, whose children, but then he would get half of the inheritance, and (already dead sister), he (the man) would be the heir to his children, his sister. They are two women, two-thirds of them are for legacy. Sisters and brothers when several men and women, for men, the two women will be like. Allah makes clear to you so that you do not go astray, and Allah knows all things. Nisa 176 brothers   and sisters, so gorila men and women, for men, the two women will be like. Allah makes clear to you so that you do not go astray, and Allah knows all things. Nisa 176

Difficulty 

The current Arab Islamic inheritance laws and customs and aspects of Ancient Qur'anic injunctions would sometimes difficult situation, which is the Muslim jurists. For example, in the time of Caliph Umar, a woman who died after her husband, mother, two real and two step (mother), were brothers. Caliph Umar Quranic heirs half of them part of the husband, the mother of a sixth and a third combining two half-brothers. Both brothers had received the old Arab law the property because they had nothing left, there was nothing. (Instead of two half-brothers, two half-sisters do not even get one third of the total and brothers left for nothing). Two biological brothers and half-brothers said that our mother's mother was one of them, why did not we. Object and a new caliph Umar recognized the judgment that a two-thirds are not part of the four brethren. brothers   were. Caliph Umar Quranic heirs half of them part of the husband, the mother of a sixth and a third combining two half-brothers. Both biological brother , who was given the old Arab law the property they did not get anything because there was nothing left. (Instead of two half-brothers, two half-sisters do not even get one third of the total and brothers left for nothing). Two biological brothers and half-brothers said that our mother's mother was one of them, why did not we. Caliph Umar recognized the object and a new judgment that a two-thirds are not part of the four brethren.  
Caliph Umar recognized scholars suggest that the father of the mother should be double part.

If a person inherits one hundred thousand rupees and a son, daughter and wife have family in the eighth, the wife will get Rs 12,500 and the remaining three will be Rupees 87500. A son and daughter of two parts, namely, the 58333 will get Rs 29166.
If a woman's inheritance is one hundred thousand rupees and family if her husband, daughter and son-quarter of the 25,000 rupees and 75,000 rupees for the remaining three parts will be. A son and daughter of two parts, namely, the 50000 will get Rs 25,000.
If a person inherits one hundred thousand rupees and daughter family daughters when his wife eighth son, the father and mother both Rs 12500 will get sixth-sixth the father and mother 16666 16666 54166 Rupees rupees and then child will have three parts. A son and daughter of two parts, namely, the 36111 will get Rs 18055. Here the father is alive for grandparents and brothers and sisters will not get anything. brothers   and sisters will not get anything.
brothers and sisters, because the son is alive and grandchildren will not get anything. brothers,   sisters and grandchildren some will not.
grandmothers, because the mother is alive, nothing will.
grandson granddaughter for her daughter is alive because some will not.

A brother and sister of two parts, namely, the 50000 will get Rs 25,000. Father, brother, half brother on the same happens, but no share in common is the sixth part of the mother, half-brother. Remaining brother is. brothers   and a sister of the wife of a quarter will get Rs 25,000 and 75,000 children are three parts to the answer. brothers and two sisters, a part of the 50000 and 25000 rupees will. half- From a biological father and brother and sister, but if it is the same for my brother and sister and mother are from 25000 will be part of the wife, but brother and sister both 37500 and 37500 will get Rs. Own brother, in the presence of the father, half brother is not part of any of the common mother half brother is part of the sixth. Remaining biological brother is.                


Indonesian   island of Sumatra in the western area of the tribe mynankabu hardcore Muslim despite being a mother and grandmother of the inheritance chain to attach to their Ancient and customs of the mother land and property is daughter. They speak of feeling does not contradict.                 

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