The
Islamic Law of Inheritance
Complete
Dictionary of Inheritance
صفحات پر مشتمل238pages:238
Sunni Law
Shia Law
Sunni-Shia
Together
For the
Scholars Judges Lawyers Students
And the
Public at large
Engr Malik
Bashir Ahmad Bagvi
bagvi2011@gmail.com 0300 5032 566
Reader
Dr
Muhammad Hameedullah Library
Islamic
Research Institute,
International
Islamic University,Islamabad,
Faisal
Mosque Campus
|
This book is, in essence, reproduction of the
material given in author’s
کتاب المیراث و لغہ (1996).Copy available in Dr Muhammad Hamid
Ullah Library, IIUI (Faisal Mosque Campus)
|
2
The
Islamic Law of Inheritance
Complete
Dictionary of Inheritance
Sunni Law
Shia Law
Sunni-Shia
Together
For the
Scholars Judges Lawyers Students
And the
Public at large
Engr Malik
Bashir Ahmad Bagvi
bagvi2011@gmail.com 0300 5032 566
Chief Engineer,
Design Directorate ,
E-in-Chief’s Branch (GHQ) Rawalpindi (1995),
Engineering Advisor, Royal Saudi Air
Force ,Riyadh(1982-85)
|
No
copy rights
|
AA
|
At a Glance
1.Net no of problems
in Sunni Law
After excluding
combinations:
(C1,C2)
,(C4,C5).(C7,C8),(C10,C11),(C17,C18),(C19,C20),
(C21,C22),(C23,C24),(C25,C26)
—>R=No of codes in a group
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R NET
2
369
3
3411
4
20997
5
96741
6
348783
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R NET
7
1011819
8
2411112
9
4801116
10 8118561
11 10000001
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R NET
12 11860851
13 15277731
14 17780931
15 19231011
16 19880163
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R NET
17 20000001
18 20096739
19 20147427
20 20154851
21 20155363
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2.
Net physical no of problems =2,586 (As
per SUN Tables
3.
Gross no of problems=268.435,455 (Break down/ page 40)
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(See Table 3/page 41
for Code list
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3
1. At a Glance
Complete Dictionary of Inheritance
Sunni
Law
Who
gets and what-Solution to 20 million problems
Steps:
1.Looking up in Table 3 and
4 (Page 41-42), write down on a piece of paper, the Code of all known relations
of the deceased (alive at
the time of his /her death)
2.Referring to Table 5 (page
41-52),eliminate the codes in the Col ‘Eliminee’. Ultimately not more than 6
codes shall be left (Al others shall
stand excluded)
3. Read
respective shares of the left- over from
Table 6 (Page 59-106)
Three Basic Terms
Muras (Deceased
Person=DP),Waris (Heir/Relation),
Tarka
(Left over Property=Prop)
4
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2-Dedication
To my sheikh, Sheikh ut Tafsir Maulana Ahmad Ali Lahori
Who pulling me out of the mire steered straight on the Road to Makkah
مولوی ہرگز نہ شد مولائے روم تا غلام شمس تبریزی نہ شد
To those who love justice
To students of the International Islamic University
Who taught me as to how to teach
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A
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Index to Tables (Sunni law)
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5
3. List of Contents
Part 1 Sunni
Law
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Page
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Topic
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Sec
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1
2
3
4
5-8
10
11
12-16
17-20
21-28
*
29-33
33-35
35-36
36-40
*
41-42
43
44-52
53-54
54
55-56
56
57-58
59-106
107-109
109-110
110-113
114-115
115-117
117
117
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Foreword
Inner title
At a Glance
Dedication
List of Contents
This book+Typical problem
Thanksgiving
Over view
Preface
You Asked For It
Sunni Law
Qur’anic shares (Table A)
Sunni Law in Brief (Table 1,2)
How to solve a Problem
Four basic problems
SUN Tables of Shares
Code List 1 (Table 3,4)
Introduction Elim Tables
Five Elim Tables (Table 5)
Commentary on Elim Tables
Self Assessment 1
Process of Elimination
Rule Mufti
Self
Assessment 2
6 SUN Tables
of Shares(Table 6)
Interpretation of SUN
Tables
Self
Assessment 3
Four Typical
Problems
Vested
Heritage
Two More
Problems
Distant Kindred
ذوی الارحام
Application
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-
-
1
2
3
4
5
6
7
8
*
9
10
11
12
*
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
27.1
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6
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Page
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Topic
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Sec
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117
118
118
118
119
120
120
123
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Rules For
Division
Rules for
subdivision Class C
Rules for subdivision
Class D
Code List 2 (Table 7)
Elim Table (Table 8)
Substitution
Five Solved Examples
Self Assessment 4
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27.2
27.3
27.4
27.5
27.6
27.7
27.8
27.9
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1111111
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Miscellaneous
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||
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Page
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Topic
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Sec
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9
15
16
16,34,35,68,107,111,
119,123,124
124
124
124
124,125
16
20
28,29,214
37
38
40
*
42,43,44
42,43,44,45,46,47,48
49,50,51
51,52
52,128
52,159,160
58
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Mas’la Himaria
Ingenuity
They Err
Authors
Scholars
Educated
Students
Judges
Do You Know
Calcutta High Court
Pakistan Muslim Family Law
Akh Mubarak
Statistics Aul and Radd
Basis for 2586 Key Problems
*
Mas’la Kalala
Anomalies
Varying definitions in Tafasir
How to remove anomalies
Al Sirajiyya Modern Version
Elim -6
Wisdom of hazrat Ali
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M1
M2
M3
M3.1
M3.2
M3.3
M3.4
M3.5
M4
M5
M6
M7
M8
M9
*
M10
M10.1
M10.2
M10.3
M11
M12
M13
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7
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Page
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Topic
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Sec
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106
106
108
126,127,138,139,170,172,196,197
NIL
NIL
198,199,200,201,202
208,209
209,210,211,212
218
218
*
9,47,58,110,112,120,126,129,131
131,135,136,147,148,149,150,151,
152,153,154,155
162,164,167,168,170,171,200,203,207
209,214,215,216,217
219-235
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Mas’la Daudia
Mas’la Mardania
Not A RETURN Problem
They Ask
NIL
NIL
Difference of Opinion
Gross RETURN Problems
Gross Excess Problems
Enjoy It Yourself
Author Mis-informed
Between You And Me (1)
BU1-BU10
BU11-BU20
*
BU21-BU30
*
BU31-BU36
BU37-102
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M14
M15
M16
M17
M18
M19
M20
M21
M22
M23
M24
*
*
*
*
*
*
*
*
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SSSSS------------
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Shia Law Of
Inheritance 125-218
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Page
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Topic
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Sec
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125
126
126
127
132
133
133
134
134
134
134
134
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Title
The Law
Scope (Table 1)
Shia vs Sunni Coding System
(Table 2)
Four classes of heirs
Grouping of Class C heirs
Grouping of Cclass D heirs
Non Entitled Heirs
Two Kinds of Heirs
Principle of Stirpital Division
Masila Al Aul
Masila Al Radd
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*
*
51
51.1
52
53
54
55
56
57
58
59
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8
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Sec
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Topic
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Page
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60
61
62
63
63.4
*
64
65
66
67
68
69
70
71
72
*
73
74
75
76
77
78
79
80
81
*
82
83
84
85
*
*
*
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Practical Application of Radd
Rules for division class C heirs(Table 3)
Rules of division class D heirs(Table 4)
Exceptions
Class ABCD at a glance (Table 5)
Tables of Shares (Table 6)
Class A heirs
Class B heirs
Class C heire
Class D heirs
Interpretation of Tables
Foot Notes
How to solve a problem
40 Typical Problems
Exercises
Eligibility
Scope
Elim Tables (Table 7)
Eligibile Heirs
Illustrative examples
Self Assessment 1
SHA Scope
How to find shares
SHA Tables Introduction
SHA Shares (Table 8)
Sunni Shia
together
Sunni vs Shia
Coding (Table 9)
How to Proceed
40 Typical
Problems
Self Assessment
تدریس
کے مراکز عالمی اسلامی متحرک یونیورسٹی
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135
137
138
139
139
*
141
141
141
143
146
146
147
148
167
169
169
169
171
172
173
174
174
175
177-191
192
192
196
196-207
207-218
236
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9
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M1. Mas'ila
Himariya (or Mushtarka)مسٗلہ حماریہ (مسٗلہ مشترکہ)
1. In the
time of Hazrat Omar, in a certain case, the heirs comprised: Husband, mother,
real brothers and maternal brothers. The solution to this problem lay in
giving half share (12 units out of 24) to the husband, one‑sixth (4 units) to the mother and 8 units to the maternal brothers. (They all
belong to the Zawil Furuz). This way,
nothing having been left behind, the
real brothers (entitled only as
Asabah) got nothing.
2. The real
brothers said: Let our father be a himar
(donkey), but our link with the deceased did exist through mother at
least, like the maternal brothers of the deceased. So why should we be
deprived. Hazrat Omar gave them each a share at par with a maternal brother.
But that was only an exception, as the general agreement among the jurists
remains that real brothers will get only if some thing is left from the
sharers. This is known as the Mas’ila Himariya.
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<page 9-47>
BU1. Akh le Abb and Akhul Abbاخ لاب و اخ
الاب
The terms like Akh Allati (Paternal brother) do not appear in the
modern Arabic language. Once , while introducing my chart of Inheritance to
an Arab scholar, I told him that Akh Allati meant Akh le abb. He disagreed
and said, ’Akh le Abb means, Father’s brother’. He had to his credit, two
degrees in Ph.D, four in M.A and five
or six in B.A.—was born in Makkah and then settled in
BU2. Calculator may go wrong
A student feared
that the calculator might give wrong results, while the human brain was less liable to make
mistakes. He was asked to do some simple arithmetic,
manually, and he
mis-calculated thrice. He was told that both stood on the same
footing, but
calculator was faster at least
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A
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BLANK
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10
بسم اللہ الرحمان الرحیم
4. This book
Was
written in Dr Muhammad Hameedullah
Library of the Islamic Research
Institute, International Islamic University, Islamabad, in a most congenial
atmosphere of contact and interaction
with the Scholars and Researchers, at
the age of past 82 years and through
a journey of 50 long years from the day 1 ventured to know what
the Inheritance in Qur’an means. The University (housed in a building probably
the only one in Islamabad and elsewhere facing Qibla),is located in this writer’s
neighbourhood at 15 minutes
walk(Dr A.Q.Khan , the Nuclear Scientist being on the way) from my house
, and close to the Grand Shah Faisal Mosque, where I walked to for the
first time in 1976 to mark
its Qibla Direction in
collaboration with the Survey of Pakistan. For
this , I bow my head in all humility before my Lord, and am indebted
to all those who helped me in one way or the other through a long course
of over half a century (1963-2016)
گر
قبول افتد زہے
نصیب
The Humblest of the humble men of Allah.
Engr Malik Bashir Ahmad Bbagvi
(Friday) 04 Ramzan ul Mubarak 1437 Hijri (07.06.2016)
A Typical Example of Division of Tarka]
Muras:Zaid, Waris: As in Col
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7
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6
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5
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4
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3
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2
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1
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جوابAnswer
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اختیاری Optional
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Page 75
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Page41
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From Questioner
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مقدار حصہ
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کل واحد
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کل واحد
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حصہ
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رمز
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وارث
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شمار
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Quantum
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Each
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Each
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Share
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Code
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Heir
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Sn
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6.25
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3/48=1/16
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3/24/2
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3
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2
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2 Wife
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1
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12.04
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26/216=13/216
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2x13/24/9
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13
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3
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4 Son
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2
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6.02
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13/216
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1x13/24/9
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(.)
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(5)
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1 Dtr
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3
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16.66
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1/6
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4/24
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4
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12
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Father
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4
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16.66
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1/6
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4/24
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4
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13
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Mother
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5
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x
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x
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X
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x
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(18)
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1 Real Br
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6
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100
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24/24
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24/24
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24
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Total
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7
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Explanation--Col 3: -Code 18 excluded by code 3 (page 44/Sn 005. Col Col
(4 Sons
x 2 +1 Dtr = 9
Dtr). Col
11
5. Thanksgiving
The Islamic law of inheritance is accepted as the most
scientific and organized law. The Holy
Prophet (saw) has called it Half of the knowledge. This writer developed an
interest in this subject in 1963, when in routine while reciting the Holy
Qur’an looked into the meaning of Sura An Nisa where rules for division of
inheritance (property left over by a deceased person) have been described. The Commentary (Tafsir) by Allama Shabbir Ahmad Usmani was in front
of me, having simple translation in Urdu. In order to test my having understood
the system, got hold of a piece of paper and a pen and tried to find the shares
of a group of heirs of the deceased person. But was stuck up when I found that the sum total of
the individual shares did not sum up to
1 (the assumed property equal to unity). I
mentioned it to our imam masjid and was told that it was a difficult
subject, and one has to learn it. It added to my thirst and zeal to have
thorough knowledge as a student of mathematics. Since then over half-a-century
has passed. During this course what I achieved,
suffice to make reference to what an eminent scholar of the present
time and Ex-President of the
International Islamic University, Islamabad
1. A Miracle of Qur’an
One of the miracles of Qur'an is that Engineer
Bagvi has deduced 20 million problems
from the three verses of Qur’an (Sura An Nisa, Verse 11, 12, 176). This he
mentioned in the two books he wrote in the last decade of his life, viz محاضرات سیرت (2011)
and عصر
حاضر اور شریعت اسلامی (2009)
Prior to that he made similar remarks in his lecture series on the life of the Holy
Prophet (saw) , where this writer was also present
2. Dooms Day not yet
Once, Dr Mahmood Ghazi was
standing with Dr Hussain Hamid Hassan, the University President. As this writer
passed by, speaking to the latter (in Arabic) said: Qiama (قیامت ) will not come soon: The Holy
Prophet had said, that the knowledge of Inheritance shall be first to be taken
off. Engineer Bagvi has made it so simple and common that signs of Qiama do not
seem to be close by.
3.Acknowledgement of Bounties of Allah تحدیث
نعمت
Once he called me in his office and mentioned that in a recent lecture in South Africa
All praise be to Allah, the Almighty.(Ahqar) Engr Malik Bashir Ahmad Bagvi
12
بسم اللہ الرحمان الرحیم
6. Over View
1. The worthy readers are advised to go through the book
to the end. May be you find an answer to the questions you have in your mind. Then read the
book thoroughly and note down the points which still are not clear to you. And
repeat it. Still if some points remain un-answered, then go to some one who
knows. This is what has been said in the Holy Book واسئلوا
ہل الذکر ان کنتم لا تعلمون
2. There is
no substitute for a teacher. Thus though Allah Almighty is All-Wise, and His Book is above all flaws. But He sent his Messenger (Teacher)
first and then the Book. These are the
remarks passed by Dr Khalid Masud,
the sitting Director General Islamic Research Institute some 25 years back,
when this writer stood up to deliver a lecture on ‘The Law of Inheritance as
understood by an Engineer’, in an in-house seminar of the Institute, and had said something in an
apologetic way. Given below is an introduction to the
main topics covered in this book
3. The rules for
the division of inheritance have been given in verse 11, 12 and 176 of Sura An-Nisa,
related to 10 nearest heirs of a
deceased person. It means as to what is due to each one out of the left over
property (cash or kind movable and immovable included) . Rules pertaining to
some other heirs are given in the books of Ahadees. The heirs are countless,
because every body on the surface of the earth has a blood relation with each other being the
off spring of Adam (A.S). And presently, there are good over 1.3 billions
Muslims the world over. So within the frame work provided by the Book of Allah
and the Sunna of the Holy Prophet, the early jurists laid down rules of
division for all possible relations. The examples are,
Son’s Son’s Son (SSS) and below
Father’s Father’s Father (FFF) and above
Real Brother (Sister)’s Son/Dtr (RBS/RBD) and below
4.A
comprehensive list of 300 heirs, the reader will find in the Software MIRATH328.XLS,
in website www.iiu.edu.pk/index.php?page_id=2039.
The Holy Prophet (SAW) has called Inheritance as half of the knowledge. On
this topic a book by Sheikh Siraj ud Din Sajawandi was
written in the 6th century of Hijra.
This comprises bare 24 pages of A-4 size paper. It is considered as a unique
comprehensive book on this topic. And
commentaries on it have been written since then in all ages, to explain
its meaning.
13
5. The Jurists have divided the heirs (relations) into 3
categories: These are: Sharersذوی الفروض , Residuariesعصبات , Distant
kindredذوی الارحام
Table 3 (page 41) comprises 26 heirs in which Sharers and Residuaries are mixed. Each one there-in has
been allotted a unique code by this writer, which shall be used in the Ready
Reckoner Tables of shares. Code 27-54
(page 42) comprise male Residuaries alone. The Distant Kindred are allotted a
single code (Code 150) as a class,
A selected Code list under this category
is given on page 118 Table 7).
6. Sharers are the heirs who get a
share as a fraction of the total left over (viz 1/2, 1/4,1/8,1/6,1/3,2/3).
These are 13 in number. And their shares with the associated conditions are
given in Table 1 (at Sn 1-13/page 33).
7. Rsiduaries are the heirs who
get the Residue from the Sharers. In Table 2 (page 34) they
are placed under Sn 14-23. The Residue from heirs 1-13 (Table 1) goes to Son
(at Sn 14) in Table 2. If Dtr of the DP
(Deased Person) ,too, is alive, this Residue shall be sub-divided among
sons and Dtrs, such that if Dtr gets 1
rupee, the son shall get 2 rupees. This is called the Principle of Double Share
to the Male. In Math we express it as ratio 2:1.
8. If no son is alive, then the
Residue will devolve on son’s son (Code 6) at Sn 15, and then son’s dtr (Code 7
/ Code 8) shall also get a share under the rule of 2:1. So on and so forth up to Sn 23. In the
Foot notes (page 34) are given the relevant conditions.
9. If heirs at Sn 14-23 fail to
get the residue (from Table 1), the same
shall be distributed among the heirs at Sn 3-13 (Table 1), in the ratio of their basic shares. This is called the
problem of Return (مسئلہ الرد ).Husband (wife) do not get more under this rule
10. Some times, if we sum up the fractional shares given
in Table 1, the total exceeds unity(=1). This is called the Problem of
Excess.( مسئلہ العول (
Such a problem was first encountered in the time of Hazrat Umar (RA). Then
it was decided to reduce the shares of
all the heirs (including husband/wife) such that the total becomes unity (=1).
11. The Distant Kindred (Table 7) are excluded from
inheritance by heirs of code 3-26 (Table 3/page 41) and also by Code 27-54
(Table 4/page 42).Husband (code 1) and wife (Code 2) do not exclude distant
kindred. Solution to 4 basic problems (including Return and Excess) is
given at page 36 (Sn 12).
12. In Table 1, heirs under Sharers and Residuaries are given.
Among them husband, wife, mother, FM(C15), MM(C16), Khafi (Code 25/26) get a
14
share as
a Sharer only. In Table 2, Son, SS, SSS, RB, PB and DMR(Distant Male
Residuaries listed on page 42) get a
share as a Residuary only. Father and FF are 2 heirs who get a share as Sharer
(in
Table 1) as well as Residuart (Table 2)
as well. Both these shares added together will go to them in that case. If the
Residue from Table 1 remains as such at Sn 24 (Problem of Return), the same
will go to the Baitul Maal.
13. This writer as a student of math, starting in 1963
with the Tafseer by Maulana Shabbir Ahmad Usmani, wrote 4 books as under during
the period 1965-1967.:
1. ۔تقسیم وراثت مجمل۔۔ . 2 ۔تقسیم وراثت مفصل ۔۔۔3. ۔کلید وراث
4۔A Learner’s Guide To The Division
Of Inheritance
14. Thereafter, in my stay in Saudi Arabia (1982-1985) as Advisor to the Royal
Saudi Air Force (Riyadh King Saud University Riyadh
15. Using computer, 221 Rules of
Elimination were formed, by hit and trial, the aim being to register only those
combinations of heirs (comprising group of any 2, any 3, any 4, and lastly all the 28 codes (Table 3). These
Elim Tables (EL-1 through EL-5) are given on page 44-52. The possible
combination of codes (Code 1-26, Code 27 for DMR and Code 28 (temporarily
allotted to DK ). Mathematically speaking, this gave a gross number of 268
million problems. (Break down is given on page 40-of interest for the students
of STAT). Then it was discovered that
not more than 6 codes would get a share together. Thus, In a
combination of 7 codes, at least
1 code would get zero(0) share.
16. The
resultant 2,586 net problems wherein all
codes get a non-zero share have been given in the Ready Reckoner Tables
SUN1-SUN6 (named as SUN Tables).These
are named as such because these are based on the Sunni Law of Inheritance. The
SUN Tables are given on page 59-106. These tables apply to all the 4 schools of
thought under the Sunni Law (viz., Hanafi, Shaf’ii,
15
Malki,
Hanbali).The corresponding tables named as SHA Tables (SHA1-SHA5) are given
under the Shia Llaw of Inheritance. The method of finding the code-wise shares
is very simple and has been
explained by means of illustrative examples.
17. In Fiqh Hanafi and Maliki, FM
(C15) is excluded by Father, but not in
Fiqh Shaf’ii and Hanbali. In Table 1(page 34/Sn 9), and in Elim Tables (page 44)
at Sn 015, this difference has been maintained.
Unlike other matters, there is little difference of opinion among the 4
Schools. Minor differences are found even in inheritance among the later
jurists of Hanafi thought. This book covers only the agreed view given in Al
Sirajiyia. Civil Courts of Pakistan follow the latter
18. A FORTRAN based program SUN TABL6.EXE is given
in the attached CD-Math-in-Islam, which outputs 2 files, named as SUN.ENG and
SUN.URD. The format is as below
|
Urdu version
SUN.URD
|
English version
SUN.ENG
|
|
سنی۔4 (4
کوڈ)
|
SUN4 (4 Codes)
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|
کوڈ و
حصہ شمار
** 12^ 3^
1^
*** --------------
13^
2 2 5
3= 12 935
15^
2 2 5
3= 12 936
16^
2 2 5
3= 12 937
**
13^ 3^ 1^
*** --------------
14^ 2
2 5 3= 12 938
|
Sn Code and
Share
C 1 C 3 C12 **
-------------- ***
935 12=
3 5 2 2
C13
936 12=
3 5 2 2
C15
937 12=
3 5 2 2
C16
C 1 C 3 C13 **
-------------- ***
938 12= 3
5 2 2 C14
|
|
M2. Ingenuity
A man left behind seventeen camels. He had made
a will that these be divided among his
three sons in the ratio of 1/2, 1/3 and 1/9. The Qadi asked for one camel from the baitul
mal to make up a total of 18 camels. Oout of these, he gave 18/2= 9 camels to
the first son, 18/3=6 camels to the
second son, and gave 18/9= 2 camels to the third son. Then he withdrew the
18th camel and sent it back to the baitul mal.
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16
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M3. They Err
M3.1 Authors <page
16 to page 34>
1.
If husband (Code 1), paternal uncle (Code 34) and maternal uncle (Code 249)
are alive, then husband takes 1/2 share and the remaining 1/2 goes to
paternal
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|
M4 Do you know
1. In case
mother's father and mother's mother alone are alive, then the whole
share will go to the mother's mother.
2. In case real brother's son (Kamila) and son's
real brother (Adeem) alone are alive, the whole amount will go to Adeem.
3. If real
brother's son (Jamil) and real brother's daughter (Jamila) alone are alive, the whole lot will go to
Jamil.
4. If father's father's paternal brother (Ajil) and
father's father's real brother's son
(Nasir) are alive, Nasir will get the whole.
5. If a man is survived by his two Dtrs, two son's Dtrs (SD), two son's
son's Dtrs (SSD) and two son's son's sons (SSS), then each son's Dtr (SD)
will get 1/24 share.
6. In case a Dtr,
son's Dtr and a real sister are the only heirs, Dtr gets 1/2 share, son's Dtr
gets 1/6 share and the real sister gets 1/3 share. And if only Dtr and one
real sister are alive, each one gets 1/2 share.
7. If one Dtr, one real sister and one uncle are the
only heirs, then the Dtr and the sister each will get one- half the property,
and the dear uncle will get nothing.
8. Out of the 14 Zawil Furuz in Table 1 (that is,
those shares have been quantified by
the Shari'ah, there are only 4 males (namely, husband, father, father's
father and the maternal brother). The remaining ten (10) are all females.
9. In
The plea was that, before marriage she was the property of her father
and after marriage, that of her husband.Now, she can own the landed property,
but she can not sell it.
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17
7. Preface
نحمدہ و نصلی علیٰ رسولہ الکریم
1. The division of inheritance under the divine rule
is an important part of Haquq‑ul‑Ibad (duties and obligations towards mankind).
And only that division can be just and fair which the real Master of this
universe has fixed. Allah Almighty has enjoined in the Holy Qur'an, regarding
the fair division of inheritance in these words: "You know not whether
your parents or your children are nearest to you in benefit."
2. In the Holy
Qur'an emphasis has been laid on the subject at quite a few places, out of which, the rules of
inheritance in a more detailed form are contained in Sura An-Nisa, which are
given below.
2.1 To orphans restore their property (when they reach
their age). Nor substitute (your) worthless things for (their) good ones; and devour not their substance (by
mixing it up) with your own. For this is indeed a great sin.(An Nisa/2).
2.2 Make trial of orphans until they reach the age of
marriage; If then ye find sound judgment in them, release their property to
them; But consume it not wastefully; Nor in haste against their growing up.(An
Nisa/6)
2.3 If the guardian is well‑off, let him claim no
remuneration; But if he is poor, let him have for himself what is just and
reasonable. When ye release their property to them, take witnesses in their
presence: But All‑Sufficient is Allah in taking
account.(An Nisa/6)
2.4 From what is left by parents and those nearest
related there is a share for men and a share for women, whether the property be
small or large, ‑ a determinate share.(An Nisa/7)
2.5 Those who unjustly eat up the property of orphans,
eat up a fire into their own bodies: they will soon be enduring
a blazing fire!(An Nisa/10)
2.6 These are
limits set by Allah: those who obey Allah and His Apostle will be admitted to
Gardens with rivers flowing beneath, To abide therein (for ever) and that will
be the supreme achievement. (An Nisa/13)
2.7 But those who disobey Allah and His Apostle and
transgress His limits will be admitted to a fire, to abide therein: And they
shall have a humilating punishment. (An-Nisa/14)
2.8 O ye who
believe! ye are forbidden to inherit women against their will. Nor should ye
treat them with harshness, that ye may take away part of the dower ye have
given them, except where they have
been guilty of open lewdness; On the contrary live with them on a
footing of kindness and equity. (An Nisa/19)
18
2.9 O ye who
believe! eat not up your property among your- selves in vanities: But let there be amongst you
traffic and trade by mutual good‑will: Nor kill or destroy yourself: For verily
Allah hath been to you Most Merciful!
(An Nisa/29)
3. The Holy Prophet (pbuh) had laid great stress on
acquiring knowledge of the subject. Thus he said:
(1) Gain the knowledge of inheritance
because it is a part of your
religion.
(2) Acquire knowledge of the law of
inheritance and teach others for, it is half of the knowledge of the Faith which may be forgotten if it is not learnt and
taught.
(3) Allah Almighty has fixed the share of
each heir. Therefore, a heir does not
now stand in need of a will.
(4) If one deprives any heir of his share,
Allah will deprive him of his right to
the paradise.
(5) There
are only three necessary branches of knowledge, while it is only
preferable to acquire knowledge of the other subjects as well (but not
necessary). They are:
(a) To learn those Qur'anic verses
which have a bearing on the practical
life.
(b) To know
the Sunnah (examples, precepts, sayings
and
other actions of the Holy Prophet (pbuh)
which afford explanation of the
Qur'anic injunctions). And,
(c) To learn the laws of inheritance,
which are all just and fair.
(6) The first part of the knowledge which
will be
taken off my Ummah, will be this
(the knowledge of inheritance).
4. During the time of the Holy Prophet (pbuh) this
subject used to be taught regularly. The Holy Prophet, (pbuh) said: Zaid bin
Thabit is an expert on the subject of inheritance among my companions. (Allah
blessed them all with His pleasure)."
5. The necessary laws and the detailed instructions on
the division of inheritance have come down to us correctly and authoritatively.
Thus, Zaid bin Thabit, Aswad bin Zaid, Musa, Ibn Mas'ud, Abu Bakr, Ibn Abbas,
Aswad, Ali, Ibn Umar, A'isha and the other companions of the Holy Prophet (RA)
have made vital contributions in this respect.
6. It has been reported by Behqi and Hakim on the
authority of Abu Huraira, that the Holy Prophet (pbuh) said: You learn Ilm ul
Fara'id and teach others, because it is half of the knowledge. And it will be
taken off the
19
memories. And it will be the first part of the
knowledge which shall be taken back from my Ummah
7. Tibrani has quoted in Ausat, the Holy Prophet
(pbuh), as saying: Learn the Qur'an and Fara'id and teach others.
8. Darmi has quoted on the authority of Umar, that the
Holy Prophet (pbuh) said: Learn Fara'id with the same zeal as you learn the
Qur'an.
9. Hadhrat Umar is quoted as saying: You learn
Fara'id, because it is a part of your Deen.
10. Ibn e Mas'ud has quoted the Holy Prophet (pbuh),
as saying: One who learns Qur'an, should also learn Fara'id.
11. Darmi has mentioned in Bab ul Iqteda bil Ulama,
that Ibn e Mas'ud quoted the Holy Prophet(pbuh) as saying: You learn ilm your
self and also teach others. And you learn Ilm ul Fara'id yourself and also
teach others. Because, I will die and the ilm will get lost soon. And many
evils will show up, so that two persons will be arguing with each other
regarding Fara'id, and none will be
there, to resolve the issue.
12. Abu Huraira has quoted the Holy Prophet(pbuh) as
saying: An aalim (scholar) who does not know Fara'id, is like a cap without a
head. That is, without Fara'id, ilm (knowledge) becomes meaning- less (Ref:
Jam'ul Fawaid).
13. While emphasizing the importance of lawful
sustenance, the Holy Prophet (pbuh) said,
(1) Allah is pure and He accepts nothing but
what is pure.
(2) Flesh and blood made out of evil wealth
deserve nothing but hell.
(3) If one deprives anybody of an arm‑length
of land, he will have his neck encircled by the seven earths.
14. One of the reasons for so much emphasis having
been laid by the Holy Qur'an and Sunnah on lawful sustenance is that, on eating
ill‑gotten food one does not find within himself the urge to worship and, even
if, one does so, his worship is not honoured by recognition from Almighty
Allah.
15.
Praying to Allah has been described by the Holy Prophet (pbuh) as the essence
of worship, i.e., it is the noblest form of worship. Regarding prayers being
rewarded he has explained like this:
15.1 A man comes from a long
journey with his hair disturbed and his person covered with dust. He stretches
his hands out to the sky calling, 'O my Sustainer, O my Sustainer', but if his
bread is ill‑gotten (and thus impure) and his drink is ill-gotten, and his
dress is ill‑gotten, then under such conditions how can his prayers be
answered?.
20
15.2 The reason
for the prayers going unanswered is that the voice of a man eating ill‑gotten
food is comparable with the sound of the steam which is produced by water and
fire getting together in an engine. On eating impure food an impure voice is
produced which does not find access to the divine court. Allah has declared in
Sura, Al Za'riyat,"I have not created Jinn and Men but that they serve Me.
No sustenance do I require of them nor do I require that they feed Me.
wasted
his life completely. Thus both leave the world in utter failure.
16. Keeping this reality in view, one must exercise
utmost care in the division of inheritance among the rightful heirs of the
deceased. As a matter of fact, no one can put in his own mouth even a grain,
found in the pocket of the deceased, without the consent of the sharers.
I
pray to Allah Almighty to accept this humble contribution in the service of
Islam. Amin
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As
quoted by Sir D.F. Mullah in his book (The Principles of the Muhammadan Law),
the Calcutta High Court, while deciding a case (year 1931), according to Hanafi Rule, allotted 1/8th share to
each wife, 1/6th to each real sister's son and 1/24th to each paternal
brother's Dtr, in a case where the deceased had left two wives, four real
sisters, sons and two paternal brother's Dtrs. The correct division was 1/8th
to each of
the eight heirs. The learned author had no comments to offer.
The correct solution is like this:
Share of 2 wives = 1/4.
Thus share of each wife= 1/8
Residue =1-1/4 = 3/4. This residue will be divided among Zawil Arham (at Sn 25 in Table 2/Sec 9.2).
Collective share of 4 real
sister's sons (Code 216 )=3/1x2/3=1/2. Thus each one gets 1/8
Balance from Code 216 = 3/4-1/2=1/4. This goes to 2 paternal brothers Dtr's Dtrs (Code 218).
Thus each one of them gets 1/8.
The mistake in the High
Court decision lay in giving 2/3 of the Total amount (that is, out of unity),
instead of giving 2/3 of the Residue from the Zawil Furuz (that is, from wives in this
case).
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21
8. You asked for it
1.0 Inheritance
All that movable and (or) immovable
property (may be a penny, or a large amount), which a dying Muslim leaves
behind, (whether inherited, earned or received as gift), adding thereto the
receivable credits, and deducting there from the payable debts, is called
Inheritance (or, Property).
2.0
Heir
Any
person (male or
female, major or minor, married
or unmarried), who has a blood relation
with the
dying person and who was alive when that person had
died, is called the heir of that
person. It is not necessary that every
heir may get a share out of the inheritance.
3.0
Net divisible property
The various deductions as listed below
shall be made from the total property of
the dying person in the order as given
below:
(1) Necessary burial expenses. Out of the
balance, deduct:
(2) The primary debts (3)
Then, the secondary debts
(4) Then, Tertiary debts,
and the amount of will, if any,
which together should not exceed 1/3rd of the
balance left from debts at serial
(1) to
(3) above.The balance shall be
the net divisible property which shall
be distributed among the heirs according to the laws of inheritance.[See
also clause 28.0].
(Ref: Al Sirajiyya fil Mirath/ page 2==This
author’s book 6).
4.0
Transfer of property before death
Every
person has a
legal right to gift away his property before he is
in the deathbed, to
any body whosoever he may be,
provided he is not insane and also, that
he (the dying person) makes over the legal rights of possession in the usual,
customarily recognized manner. However,
such type of transfer is morally justified only when there is a genuine reason for it. For example:
4.1 Out
of the three sons of Zaid, two
are bad characters and the third is a
good one. Then if Zaid gifts something
to the latter in his life time, it would not be unlawful. Or one of the three sons is a poor man and has
a large family to support, whereas the others
are rich and self supporting,
then it would not be unlawful, if Zaid gifts some thing to the former in his life
time.
4.2
Zaid fears that
his heirs, who are
unjust and usurpers, will not
give the legitimate share to his wife, and thus transfers some property in her name in his life time. This
also will be lawful.
4.3
One of Zaid's
sons fulfils his filial obligations, whereas others misbehave and are
disrespectful. Then if Zaid gives something to the former in
22
his life time, this also will be lawful.
(Ref:Hadaya Kitabul Hiba,Vol 3 page 287)
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وعلیکم
السلام ورحمة اللہ وبرکاتہ
بغیرکسی
شرعی وجہ کے کسی وارث کومحروم کرناگناہ ہے۔تاہم اگرکسی مورث نے اپنی صحت والی
زندگی میں کسی شرعی قبضہ کے ساتھ اپنی جائیداد کسی کوھبہ کردی توواہب کی ملکیت
ختم ہوجاتی ہے۔پھرمحروم ہونے والاوارث کسی عدالت میں اسکوچیلنج نہیں کرسکتا۔
گناہ کاتعلق دیانت سے ہے۔قضاء سے نہیں۔
والسلام ۔حسین حمد دارالعلوم کراچی)
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5.0 A will in favour of a heir
5.1 A will in favour of a person, who is
entitled to a share out of the property of the deceased under the
law of inheritance, is not valid
in Islam and thus it will not be operative. He will get only his due share
along with the other heirs.
However, if the latter dies before the
deceased,then in that case since no share accrues to
a dead person, the amount of the 'will', shall be the
legal right of the
dead person and
it will go to the heirs of the latter.
5.2
A will, debarring
a legal heir
from the inheritance will be
inoperative.(Ref: Al Daraiya fi Takhrij Hadith, Hadaya Vol 4 page 679).
6.0 The ill‑gotton property
The unpaid loan or trust or
stolen things taken possession
of through any unfair means shall
not be counted amongst the divisible property.
7.0 Pension or maintenance
or subsistence allowance, division of
The arrears of a pension or
maintenance allowance, etc., which are
received after the death shall also be divided according to
the rules of inheritance. If such allowances continue even after the death
of the person, then only the person(s),
in whose name it happens to be in the government record,shall be entitled to
receive it
8.0
Undivided property (Mas'ila Manasikha)
Suppose Zaid died in 1380 Hijri. His
property was yet undivided, when in 1410 Hijri, one of his heirs, Aqil, also
died. Then, if it is desired to give the rightful share to every body, then
first of all the property of Zaid will be divided among all the heirs who were alive when Zaid died, and any amount due to Aqil
will be worked out. Then, the share of Aqil
will be added to the property already owned by him (that is by Aqil). This total
property of Aqil will, then, be
divided among all those heirs who were alive
when Aqil died.
(Ref: Al Sirajiyya fil Mirath/ page 27-this
author’s book 6).
9.0
Property overlay
A piece of land belongs to Zaid, while
Bakr has built a house thereon. Then the following three situations can arise.
23
(1) If Bakr had built the house with the
consent of Zaid, then the house shall
belong to Bakr, and the land
(belonging to Zaid) shall be
taken as a trust (with Bakr). Thus if
Zaid wants to buy this house, Bakr shall be paid for the house at the current market value.
(2) If
the house was built for Zaid with the permission of Zaid, then the house shall belong to Zaid, and the cost of construction of the house shall
be taken as a debt of Bakr against Zaid.
(3) If Bakr had built the house for
himself without the consent of Zaid,
then it will be obligatory on Bakr to
make over vacant possession of the land to Zaid. And in case Bakr demands the price of the
house, he shall be paid for the cost of
the demolition material.
(Book of Shamia)
10.0 An
ill‑ defined possession
If a man has allotted a house in the name
of one of his sons by
executing a transfer
deed, but all his children
live together in it, from
religious point of view it is
perfectly all right. But it can create legal complications within the
family. So the best thing is to make
it explicit in the
transfer deed that the other members of the family shall continue to
occupy that house only through the
goodwill of the son in whose name the house has been registered.
11.0
Property set aside in one's life time
If Zaid had set aside some money for the marriage
of his son, or Dtr,it will be considered as a part of the inheritance.
However, if some dowery had been given to
a Dtr, or spent on the education of his son in
one's life time, that will not be considered as a part of the
inheritance.
12.0
Adopted/step son (Dtr)
Adopted son, Dtr or any other such like
relation shall not be entitled to a share under the rules. (Ref: Sura Al Ahzab)
13.0
A minor's right to inheritance
A
minor heir's consent
with regard to the appropriation of his
inheritance is invalid in law. Therefore, the joint property
inherited
by the relatives of the
deceased cannot be disposed
of in any manner (even with the consent of the minor).
14.0 An agreement in the division of
inheritance (Mas'ila Takharuj)
14.1
If any one of the heirs
gives up his share, or takes some thing specific with the consent of other
heirs, it is legally permissible. For example, a person may give up his due
share in lieu of a residential house or
a car, etc. or a husband may give up his
share of inheritance for the unpaid dower of his dying wife.
24
14.1.1
In case there are
minors among the heirs, or the dying person has to pay back loans, then
in that case such an agreement is not valid.
14.1.2 Such a compromise can be among the
creditors (of the dying person) as well.
14.2
Voluntary surrender of one's right to heirship
If any heir voluntarily
gives up his
share and allows others to divide
the property among themselves ignoring him, this
is not recognized.
The correct procedure is
to carry out the division among
all the living heirs. Then later on, once the allocated share has been taken possession of
by a particular
heir in a customarily recognized manner, he may dispose of his share in
any manner.
15.0
The effect of homicide on the right of inheritance.
If a major, who is not insane, causes the
death of some body
illegally, then he will be deprived
of his share out of
the property left
by the person thus killed.
A minor, an insane person
or a person who is the sole heir
of the deceased, is an exception to this rule.
16.0
Concurrent death
16.1 Suppose two persons Zaid and Bakr, who can inherit from each other, die together.
Then the division of property of each of
them will be carried out in such a way, that no share will be allocated
to Bakr from the property of Zaid, and
vice versa. (Ref: Al Sirajiyyia page 4—this author’s book 6)
16.2 However, if it is doubtful if they
had died together, then
16.2.1 Firstly assume
that Zaid had died, but Bakr was still alive, and carry out the division of the property of Zaid.
16.2.2 Secondly assume that Bakr
had died while Zaid was still alive
and divide the property of Bakr.
16.2.3 Finally add up the two alternate shares got by each of
the heirs and
divide it by 2. The resultant figures will be the rightful share of
each.
17.0 Consideration of pregnancy in
the division of inheritance.
If
there is yet an unborn baby among the heirs, then the best thing is to defer the division of
inheritance until the delivery. (The period of pregnancy is two years
for the wife of the deceased, and for all other female heirs it is six months. Thus if a child is born after these respective periods, it will have no
right to the heirship.)
17.1 However, if it is desired not to wait
till the delivery, then the provisional division shall be made assuming the
unborn child as of a sex which
25
entitles it to the maximum of the share
and his particular share set aside. This division shall
be reviewed after that child is
born, based on its sex.
(Ref: Al Sirajiyya page 56—this author’s
book 6)
18.0
Consideration of pregnancy with twin children
Some
jurists plead for division of property before delivery by an
expectant woman on the assumption that
she may give birth to two children.
This gives rise to six alternate cases:
(1)
One male, or, (2)
One female, or,(3) One male and
one female together, or,(4) Two
males, or, (5) Two females, or,(6) A dead child.
Thus, if the property is to be divided
provisionally, then among the above six cases,
choose the least share of each living heir. Then, subtract
the sum total of all these least shares
from the divisible amount. This last figure will be kept aside provisionally till the delivery takes place. (This is done
to ensure that nobody is overpaid,
initially). The final shares will
be unaffected whether the initial
division is done this way or, as per problem 17.0 above.
(Ref: Al Sirajiyya page 57, 58—this
author’s book 6)
19.0
A hermaphrodite's (sexless person's) right to inheritance
The rule
for his share is that if in his physique the symptoms of a male are predominant, then he should
be considered a male and division
made accordingly. If the position is the
reverse, he will get the share of a
female. However, if the symptoms of male and female are equal, then he
shall be considered
of a sex
which entitles him to a lesser share. (Ref: Al Sirajiyya page 54-this
author’s book 6)
20.0
The right of pre‑emption
Supposing
Zaid's neighbour Bakr has
sold his house to somebody else and Zaid has put up his proper
claim for the purchase
of that house, while in the mean time Zaid dies. Then in this case
Zaid's heir(s) who does (do) not have a legal occupation
of the house of Zaid in the latter's lifetime, will have no right of
pre‑emption. The reason being that till
the death of Zaid, they legally
had no possession of Zaid's house.
However, if after Zaid's house has been
inherited by his heir(s), and at that time Bakr's house is sold again, then the heir(s) of
Zaid who by that time has (have) got the legal possession of Zaid's
house has (have) got consequently a legal right of pre‑emption to Bakr's house.
(Ref: Hadaya Vol 4 page 406).
21.0
The right to heirship of a lost person
If a person is lost so that nothing is
known whether he is alive or dead, then
two cases will arise as under:
26
21.1
The property of the lost person will be preserved for a life period of 90 years calculated from his (her)
estimated date of birth. That is, assuming the
normal life of a person as 90
years. If nothing is heard of him (her) by this time, he (she) shall be considered as dead and his
(her) property divided among his (her)
heirs who are alive at his (her) assumed day of death.
21.2 If a lost person (Omar/born 1950/lost
1982) is entitled to a share out of the property of a dying person(Bakr/died
1985), then his share will be kept aside
for him for a period of 90 years (till 2040). If he turns up before this time, he will
get his share. If, however nothing is known by this
period, then he will be considered as
dead and
the share kept
for him will be
redistributed among the heirs of
the dying person(Bakr) who were
alive at the time of the
dying person's death (in 1985).
The distribution shall be carried out, afresh, assuming the lost person to be
non-existent (See M3.1/Page 107/111). (Ref:AlSirajiyya page 63).
21.3
Relaxation
Alternately the Qadi (judge) can fix any appropriate date for the deferment of the division using his own discretion
based on the circumstances. After that date the division can
be carried out. (Ref:The book of Shamia and Al Sirajiyya
page 62).
21.4 In case, the lost person, turns up
after the estate has been distributed, assuming him to be dead, he has the
right to claim it back from the heirs to whom it was given.
22.0
Right to heirship of a married
woman before intercourse
Legally, intercourse is not a necessary
condition for the entitlement of a share of a married woman out of the property left by her husband.
23.0
Eligibility to get multi shares
Suppose Zaid is the husband of Hinda as
well as her uncle's
son. Then Zaid will
be entitled to the property
of Hinda in both cases, provided
no other nearer relation of Hinda is alive.
24.0
Irreligious rites
It
would be a usurpation to use
the joint inheritance in the observance
of irreligious rites, if there
are minors among the heirs.
25.0
Wasteful shroud
In some localities the dead body is
shrouded with a big and excessively expensive cloth. This is wasteful.
Therefore, if the deceased has left behind minors or the money left by him is not in excess of debts payable by him, then the observance
of these rites is unjust. (Ref: Al Sirajiyya page 2).
26.0
A businessman's will before the fatal disease
A
businessman who has dealings with the people and acts as a trustee or
has borrowed money from others, should
execute a will in his lifetime so that no
one suffers due to his negligence.
27
27.0
Non‑ entitled relations
In principle, only blood relations are
entitled for a share. Thus some relations which though look so close are not recognised as heirs. For
example,all in‑laws, like, mother‑in‑law, son‑in‑law.
28.0
Three kinds of debts
There
are three kinds of debts as mentioned below, payable in the order of
precedence. Primary debts are to be paid
first. If the estate is in excess of it, then the secondary debts shall
be payable. If this debt also is paid, then
the tertiary (the
third kind of debts) shall be
paid, provided, of course, that the deceased has made a will for the
clearance of these. If otherwise, then this can be met only with the
consent of all the heirs.
28.1
A primary debt
It is a debt which the dying person
confirms to be so prior to his being in the death bed, or, which has been proved by the witnesses, or is
established through other sources or
means. For example, Zaid having married. Hinda for a dower of Saudi Riyals
1000, that amount is an established
debt. Similarly, if Zaid has purchased
some food grain or cloth from somebody in
the presence of others, or if it
is generally known that medicine, etc.,
used to be taken on loan from a druggist,
all these are classified as primary debts.
28.2
Secondary debts
Debt, which the deceased has confirmed
while in the death bed but is not generally known to the people, is classified
as secondary debt.
28.3
Tertiary debts
Compensation for the missed prayers, fasts
and broken pledges are classified as tertiary debts.
29.0
Partial compensation to the creditors
There can be two cases as under:
29.1 If the deceased does
not leave any property, then the heirs
will not be legally committed to the payment of the debts on behalf of the
deceased.
29.2 If the deceased does leave some property
which, however, is not enough to
meet the full amount of debts, the entire property shall be divided among the
creditors in the ratio of their respective shares.
30.0
Compensation for the daily prayers/fasts if missed
30.1 It is obligatory for a dying person
to make a will while in death bed to his (her) heirs to make compensation for
the prayers/ fasts/ obligatory
alms (zak'at) or hajj missed by him.
However, the amount of such compensation in excess
of 1/3rd of the divisible property (as defined in clause 3.0
above), will not be operative without the
consent of all those to whom a
share is due. The
28
compensation for one time's prayer or one fast is two kilograms of
wheat or its equivalent amount in cash.
30.2
The fasts missed in
the fatal disease are an
exception and no compensation is obligatory in respect of these. If the dying
person has made a will, then the payment
of compensation for the daily prayers or fasts missed is obligatory on
his(her) heirs provided, of course, that he (she) has left some property also. If no property has been
left, then it is subject to the consent of his(her) heirs.
31.0
Legal possession
Giving
possession of any property to
someone is to be in the usually recognised manner. (The book of Mughni, Volume
6, page 186: Dr Abdullah Turkey , the Vice Chancellor, Imam Muhammad
University , Riyadh
32. Joint ownership
Usually, the earning members of the family
give over their earnings to the head of the family. It creates complications,
susequently, specially after the death of the head of the family. The earning
members should 18
be encouraged to have their separate
account and a well defined share in the joint business.
33.0
Change of sex
Zaid married Hinda and gave birth to a son
(Kamil). Afterwards, his sex
changed and then he (now she) married
Bakir and gave birth to a son (Aqil). After the death of Kamil, his property
was to be divided among his heirs. Then the question arose, as to whether
Aqil is the paternal brother of Kamil,
or his maternal brother. The answer to this question is that Zaid will be treated
as of his last sex, and hence
Aqil will be taken as the paternal
brother of Kamil.
|
M6
(The share of an orphaned
son's son/Dtr and orphaned Dtr's son/Dtr)
There is no difference between
the Islamic Law of Inheritance as contained in this book and that contained in the Family laws Ordinance
(1961) -Sec 4, in vogue in Pakistan, except that a father-less SS, SD, DS, DD
have been given a
share which would have
accrued to their father (that is to the deceased's son) or mother (that is to
the deceased's Dtr), respectively, had they been alive. The text is like
this:" Sec 4 of Muslim Family Laws Ordinance 1961-Succession- In the
event of the death of any son, Dtr of
the propositus before opening of the succession, the children of such son or Dtr,
if any, living at the time the succession opens, shall per stripes receive a
share equivalent to the share which such son or Dtr as the case may be, would
have received if alive".
|
29
|
M6 <
28 – 29- 214>
The
Council for Islamic Ideology (CII) and the
|
9. Qur’anic Shares
Judicial Interpretation ofThe Qur’anic verses
1.But if at the time of division, other relatives, or
orphans, or poor, are present, give them something of it (out of your own
share), and speak to them words of kindness and justice (An Nisa 8)
2. God (thus) directs you as regards your children’s
(inheritance): to the son, a portion equal to that of 2 dtrs (in the ratio of
2:1): if only dtrs, ( 2 or more), their share is 2/3 of the inheritance
(provided no son is alive). If only one, her share is 1/2
3. For parents, 1/6 share of the inheritance to each,
if the deceased left children: if no children,(and no ikhwa), and the parents
are the (only) entitles heirs (that is husband/wife also not alive), mother has
1/3; if the deceased left ikhwa, mother has 1/6 after the payment of legacies
(if any) and debts (if any). Ye know not whether your parents or your children
are nearest to you in benefit. These are settled portions ordained by God; and
God is All-knowing, All-wise (An Nisa 11)
4. In what your wives leave, your share is 1/2, if
they leave no child; but if they leave a child, ye get 1/4; after payment of
legacies (if any) and debts (if any)
5. In what ye leave, their (collective) share is 1/4,
if ye leave no child; but if ye leave a child, they (collectively) get 1/8;
after payment of legacies (if any) and debts (if any)
6. If the man or woman whose inheritance is in
question, has left neither father (nor father’s father), nor a child, but has
left an akhyafi (maternal brother or sister), it gets 1/6; but if ikhyafian are
2 or more, they share equally (irrespective of sex) in 1/3; after payment of
legacies (if any) and debts (if any); not (manipulating) loss (to the heirs).
Thus is it ordain4ed by God; and God is All-knowing, All –wise (An Nisa 12)
7. They ask thee for a legal decision, say God directs
(thus) about those who leave no son (son’s son) or father (father’s father) as
heirs. If it be a man that dies, leaving a (real) sister but no child (or
father, or father’s father), she shall have 1/2 of the inheritance; if (such a
deceased be) a woman, her (real) brother takes her inheritance; if there be 2
(or more real) sisters, they shall have 2/3 of the inheritance (collectively);
if there be (real) brothers and sisters (both), they share on the principle
of), the male having twice the share of
the female (that is, in the
30
ratio of 2:1). Thus doth God make clear to you (His
law), lest ye err. And God has knowledge of all things (An Nisa 176)
Allama
Abdullah Yusuf Ali (1873-1953) translation duly modified by Bagvi
9.1 Summary of Qur’anic Shares
In Qur’an, shares of 10
nearest heirs of a deceased person (DP)
have been given. Most of the daily problems are related to them alone.
Given below are the associated laws
codified in the light of Qur’an and Sunnah
Rule 1
Consideration of non-entitled
heirs
Give them some thing out of
your own share
(An Nisa 8)
واذ حضر القسمہ
Heir 1-2
(Son, Dtr)ابن، بنت
An Nisa
11
یوصیکم اللہ فی اولاد کم
Rule 2.
If Son and Dtr both
are alive, then each Son will
take double the share of a Dtr.(Their collective share shall be whatever is
left from the Sharers—and Sharers are those who get a fractional share like 1/2,
1/3, 1/4 etc).
If no
son is alive, then
Rule 3.
Dtrs get
2/3 if 2 or more in number
Rule 4
Dtr gets
1/2 if only 1 Dtr alive
Heirs
3-4 (Mother, Father)ام، اب
An Nisa
11 ولابویہ لکل
واحد
Rule 5
If
children (of DP) not alive then,
Mother =
1/6
Father =
1/6
Rule 6
If
[children not alive] and [Ikhwa (2 or more persons out of maternal brothers and
sister, irrespective of sex), not alive] and [Father and Husband not
co-existing] then Mother = 1/3
31
Rule 7
If Ikhwa
(of DP) is alive, then Mother = 1/6
Rule 8
If
[father and wife co-existing] then Mother = 1/4
Rule 9
If [Father and Husband co-existing] then Mother
=1/6
Heir 5 –
Husbandزوج
An Nisa
12 ولکم نصف
Rule 10
If
children (of DP) not alive, then Husband= 1/2
If
children (of DP) are alive, then Husband= 1/4
Heir 6 –
wife زوجہ
An Nisa
12 ولہن الربع
Rule 12
If
children (of DP) not alive, then Wife(s)=1/4
Rule 13
If children
(of DP) are alive, then Wife(s)= 1/8
Heir 7-8
Maternal Brother and Sister
خفی (اخیافیان)
An Nisa
12 وان کان رجل
یورث کلالہ
Rule 14
If any
of [Father , Son, Dtr] is alive, then
Maternal excluded--- Termed as Kalala 1
Otherwise
Rule 15.
If
Maternal 1 alive, it gets 1/6
Rule 16
If
Maternal 2 or more, they get 1/3
(1 Male share=1 Female share)
Heir
9-10-- Real brother and sisterاخ و اخت شقیقہ
An Nisa
176 یستفتونک
Rule 17.
If any
of [Father, Son] alive, then Real Br/Sr excluded.--- Termed as Kalala 2
If DP is
Kalala 2, but [Dtr, Real Br] none alive then
32
Rule 18.
If Real Sr 1 , it gets 1/2
Rule 19
If [Real
Sr 2 or more], then Srs = 2/3
Rule 20
If [Real
Br and Sr] both alive,
then 1 Real
Br = 2 Real Sr (Their collective share is the Residue from the Sharers)—See Sn
19 / page 34
Rule 22
The Residue
from under Rule 2-13 (if any) goes to Father
Qur’anic Shares Tabulated [Table
A]
(Summary of Rules 1-22 detailed above)
|
Heir
|
Rule
|
Conditions,
Share
|
Heir
|
Rule
|
Conditions,
Share
|
||
|
Rule
1. Consideration of non-entitled heirs-Give them some thing out of your own
share- (persuation, but no obligation). Source. واذا حضر القسمہ
|
|||||||
|
Son,
Dtr
|
Rule 2
|
Son:Dtr
= 2:1 (Residue from
Sharers)
|
Husband
|
Rule
10
|
An-Nisa
V-12
[Chld]x
Husband=1/2
|
||
|
Rule 3
|
Dtr
[2>] = 2/3
|
Rule
11
|
[Chld]Ö
Husband=1/4
|
||||
|
Rule 4
|
Dtr
[1] = 1/2
|
Wife
|
Rule
12
|
[Chld]x
Wife(s)=1/4
|
|||
|
Mother,
Father
|
Rule 5
|
[Chld]Ö
Mother=1/6,
Father=1/6
|
Rule
13
|
[Chld]Ö
Wife(s)=
1/8
|
|||
|
Rule 6
|
[Chld]x [Ikhwa]x
[Father+
Husband (Wife) ]x, Mother=1/3
|
Akhyaf-
ian
(MT)
|
Rule
14
|
[Father,Son,Dtr]x Muras=Kalala1
|
|||
|
Rule 7
|
[Ikhwa]Ö Mother=1/6
|
Rule
15
|
Maternal[1]=
1/6
|
||||
|
Mother
|
Rule 8
|
[Chld]x [Ikhwa]x
[Father+Wife
]Ö
Mother
= 1/4
|
Rule
16
|
Maternal[2>]=1/3
|
|||
|
|
[Father
+Husband]Ö
|
Real
Br
|
Rule
|
[Father,Son]x
|
|||
|
|
Rule 9
|
[Father
+Husband]Ö
Mother=1/6
|
Real
Br and Sr
|
Rule
17-22
|
[Father,Son]x
Muras=
Kalala2
|
||
33
|
10.The Islamic law
of Inheritance in Brief
|
||||||
|
Table 1
Sharers ذوی الفروض
Those getting
fractional shares)
|
||||||
|
Definitions
Children =S, D, SS, SD,
SSS, SSD
x = Not Alive Ö =Alive 2
> = 2 OR more in number
Ikhwa = 2> Persons from among Real, Paternal, Maternal
Br/Sr
irrespective of sex
|
||||||
|
Sn
|
Heir
|
Share
|
Condition
|
|||
|
1
|
2
|
3
|
4
|
5
|
||
|
1
|
H
|
1/2
|
12/24
|
[CH]x
|
Mother
Six
Rules
(Alternate
to Rule 5-9/Table A)
and
Sn
7/Table 1
1. If [Chld]Ö = 1/6
2. If Ikhwa]Ö = 1/6
3.
[Husband + Father ]Ö =1/6
|
|
|
1/4
|
6/24
|
[CH]Ö
|
||||
|
2
|
W
|
1/4
|
6/24
|
[CH]x
|
||
|
1/8
|
3/24
|
[CH]Ö
|
||||
|
3
|
D
|
2/3
|
16/24
|
[2>] .
[S]x
|
||
|
1/2
|
12/24
|
[1 ]
. [S]x
|
||||
|
4
|
SD
|
2/3
|
16/24
|
[2>] .
[S. D. SS]x
|
4.[Wife
+ Father]Ö = 1/4
5.[1/6
,1/4 both true]
then lesser =1/6
6. If
nothing, then =1/3
|
|
|
1/2
|
12/24
|
[1] .
[ " ]x
|
||||
|
1/6
|
4/24
|
[D1 >]Ö . [S. SS]x
|
||||
|
5
|
SSD
|
2/3
|
16/24
|
[2>] . [S. D. SS. SD. SSS]x
|
|
|
|
1/2
|
12/24
|
[1 ] .
[ " ]x
|
||||
|
1/6
|
4/24
|
[D1 or SD1]Ö . [S. SS. SSS]x
|
||||
|
6
|
F
|
1/6
|
4/24
|
[CH]Ö
|
||
|
7
|
M
|
1/6
|
4/24
|
[CH]Ö or [Ikhwa]Ö or
[H+F]Ö
|
[1/6]x means,does
not get 1/6. [1/4]x
means does not get 1/4
|
|
|
1/4
|
6/24
|
[W+F]Ö . [1/6]x
|
||||
|
1/3
|
8/24
|
[1/6]x .
[1/4]x
|
||||
34
|
M3.1 (Authors) < page 16-34-35>
uncle
(Residuary), and the maternal uncle (Distant Kindred) stands excluded. But in
a Law book, husband has been given 1/2, maternal uncle 1/3, and the paternal
uncle has been given 1/6 share. This is against fiqh Hanafi.
|
|||||||||||||||||||||
|
Sn
|
Heir
|
Share
|
Condition
|
||||||||||||||||||
|
1
|
2
|
3
|
4
|
5
|
|||||||||||||||||
|
8
|
FF
|
1/6
|
4/24
|
[CH]Ö . [F]x
|
|||||||||||||||||
|
9
|
FM
|
1/6
|
4/24
|
[F (Hanafi and Maliki)]x
. [M]x
|
|||||||||||||||||
|
10
|
MM
|
|
|
[M]x
|
|||||||||||||||||
|
11
|
RS
|
2/3
|
16/24
|
[2>] . [CH. F. FF. RB]x
|
|||||||||||||||||
|
1/2
|
12/24
|
[1 ] .
[ " ]x
|
|||||||||||||||||||
|
12
|
PS
|
2/3
|
16/24
|
[2>] . [CH. F. FF. RB. RS. PB]x
|
|||||||||||||||||
|
1/2
|
12/24
|
[1 ] .
[ " ]x
|
|||||||||||||||||||
|
1/6
|
4/24
|
[RS1]Ö .
[CH. F. FF. RB. PB]x
|
|||||||||||||||||||
|
13
|
MT
|
1/3
|
8/24
|
[2>] . [CH. F. FF]x .............. $
|
|||||||||||||||||
|
$ To be subdivided equally
among all MT irrespective of sex
D1= Dtr 1, SD1= Son's Dtr 1, RS1= Real Sister 1
|
|||||||||||||||||||||
|
Table 2. Asbat (=Residuaries)
|
|||||||||||||||||||||
|
Those who get the Residue
left from Sharers (Zawil Furuz)
The 1st one
starting from left gets the whole Residue
|
|||||||||||||||||||||
|
SN
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
||||||||
|
Heir
|
S
|
SS
|
SSS
|
F
|
FF
FFF
FFFF
|
RB
|
|
PB
|
|
C27
To
C54
|
RETURN
|
DK
|
Bai
t
u
l
Mal
|
||||||||
|
|
D
|
SD
|
SSD
|
|
|
RS
|
|
PS
|
|
(DMR Table 4)
|
|
C
150
|
|||||||||
|
|
*1
|
*1
|
*1
*2
|
|
*3
|
*1
|
*4
|
*1
|
*4
*5
|
*6
|
*7
|
*8
|
|
||||||||
Foot Notes
|
*1
|
A double
share to the male. If male is not alive, the female stands excluded
|
|
*2
|
SD (C7/C8) shall also share
with SSS(C9), if it did not get as Sharer
|
35
|
<M3.1 < page
34-35-68>
2. In the following family tree, Gulab (Code 241),
Bano (Code 246), Bego
(Code 234) and Gulabo (Code 234) , each get 1/6
share, and Makha (Code 233) gets 1/3 share. But in a Law book, Gulab and Bano
have been allotted 1/6 share each, and the other heirs have been given 2/9 share each. This
is against Fiqh Hanafi
|
000
|
*3
|
Nearest of C14 (FF) ,
C145(FFF) gets the Residue
|
|
*4
|
She will get a share here
only if she did not, in Table 3
|
|
*5
|
Further: [RS>]x
|
|
*6
|
Least among C27 to C54
(Table 2) shall get the Residue
|
|
*7
|
In case none among Sn 14 to
23 gets the Residue, the same shall be
divided among ZFN(Sn 3-13) in the ratio of their Bsic shares
|
|
*8
|
The Residue goes
over to the Distant Kindred (C150)
|
11. How to solve a Problem
(Application of Table 1,2/Page 33/34)
Step 1
1. Allot a share to each of the
heirs (in your list of heirs) looking up in Table 1, according to the condition
satisfied. Shares are given as Basic fractions (Col 3, as well as out of 24 (Col
4). You may choose either of the two. Husband (Sn 1) and Wife (Sn 2) are called Zawil Furuz Sababi (ZS), while the
heirs at Sn 3-13 are called Zawil Furuz Nasbi (ZN). Both together (Sn 1-13) are
called Zawil Furuz (ZF). Add up all the shares so allotted to ZF. In case Sum
total is less than 1, then subtract the Sum total from 1 . Call the difference as -Residue
2. Allot the Residue to Son (Sn
14 / Table 2), if it is alive. If
Son is not alive, then give this
Residue to SS (Sn 15). Continue till Sn 23 (DMR). While proceeding from Sn 13
to 23, at each step the condition given there-under must be looked into. There
is no special term used for this case. You may call it as Division among
Sharers and Residuaries (See Example 1 below)
Step 2
3.In case the Sum total of
shares at Step 1 exceeds unity, it is
called Problem of Excess. In that case reduce the shares of all heirs
proportionately, so that the total becomes unity (1). (See Example 2 below)
Step 3
4. If there is none at Sn 14-23
(Table 2) to receive this Residue , it shall be
given back to heirs at Sn 3-13 (ZFN), in the ratio of their Basic shares
(allotted at Step 1 above).(See Example
3 and 4 below)
36
Step 4
5.If there is none at Sn 3-13 to
receive it, then the Residue from Husband (Wife) will go to the Distant Kindred
(DK). [Division among DK is given in Sec 27 later
Step5.
6. If there is none among the DK, the Residue from
Husband (Wife) will go to Baitul Mal
12. Four Basic Problems
There are three terms in the
division of inheritance.these are
1. Muras -----
Deceased Person=DP
2. Waris -----
The prospective heirs/Relations
3. Tarka -----
Left over property= Prop
Let us use the Arabic terms
in the 4 Baic problems below
Prob 1
Muras = Zaid, Tarka= 100
(rupees, kanal ). Heirs: As given in Col 2 below
|
Method 1
Shares from
|
Method 2
|
|||||||
|
Shares from
|
||||||||
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Shares from
|
Shares from
|
|||||||
|
Sn
|
Waris
|
Share
|
Each
|
Each
|
%
|
Share
|
Each
|
%
|
|
Optional
|
Calcltr
|
|
|
Calcltr
|
||||
|
1
2
3
4
5
|
2 Wife
Mother
Father
2 Son
1 Dtr
|
3/24
4/24
4/24
13/24
.
|
3/24/2
4/24
4/24
2x13/24/5
1x13/24/5
|
3/48
4/24
4/24
26/120
13/120
|
6.25
16.66
16.66
21.66
10.83
|
1/8
1/6
1/6
13/24
.
|
1/16
1/6
1/6
13/60
13/120
|
6.25
16.66
16.66
21.66
10.83
|
|
Total ZF
|
11
|
24/24
|
100
|
|
24/24
|
|
100
|
|
Explanation (Method 1)
ZF= Zafil Furuz
Total of ZF = 3 + 4 + 4 = 11 (Shares from
Table 1/ Col
Residue = 24 -11=13 It goes to Son at Sn 14 (Table 2). The share of Dtr is also included in it
37
Col 4: Residue (13 units = 13/24) now shall be
divided among sons and Dtrs in the ratio of 2:1 (Table 2 / Foot note *1).
2 Son= 4 Dtr
So there are 4+1 = 5 (equivalent) Dtrs
Thus
Share of 1 Dtr = 1x13/24/5 (COL 4) = 13/120 (Col 5)
= 10.83 (Col
Share of 1 son = 2x13/24/5 =
26/120 = 13/60
Prob 2
Muras = Hinda , Tarka = 100 (Rupees,
Hectare ). Heirs: Col
|
Method 1
|
Method 2
|
|||||||
|
Shares from
|
Shares from
|
|||||||
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Shares from
|
Shares from
|
|||||||
|
Sn
|
Waris
|
Share
|
Each
|
Each
|
%
|
Share
|
Each
|
%
|
|
Optional
|
Calcltr
|
|
|
Calcltr
|
||||
|
1
2
3
4
|
Husbnd
2 Dtr
Mother
Father
|
6 /30
16/30
4/30
4/30
|
6/30
16/30/2
4/30
4/30
|
6/30
16/60
4/30
4/30
|
20.00
26.66
13.33
13.33
|
1/4
2/3
1/6
1/6.
|
1/5
8/15
2/15
2/15
|
20.00
26.66
13.33
13.33
|
|
Total ZF
|
30
|
30/30
|
100
|
|
|
1
|
100
|
|
Explanation (Method 1)
A case when Sum total of
shares of ZF (from Table 1) exceeds 24
ZF= Zafil Furuz
Total of ZF = 6 + 16 + 4 + 4 = 30 Shares out of 24 units (from Table 1/ Col 4)
The total exceeds 24 units. So
it is a problem of Excess مسٗلہ العول
There
fore divide each share by 30 (Step 2/
Sec 11 above)
Solution as per Method 2 is
left as an exercise for the students of MATH
|
M7 Akh Mubarak and Akh
Mash'um (Auspicious/Ominous brother)
Akh Mubarak is the brother
of a heir which if alive, will get a share to his sister. Example: Two Dtrs (16/24), son's Dtr (8/72), son's son
(16/72) if alive, the shares are as
given in brackets. But if son's son is not alive, son's Dtr is
excluded.
|
38
Example 3
Problem of Return مسٗلہ الرد
Case 1. When Husband (Wife) is NOT
alive
Muras = Hinda , Tarka = 100 (Rupees,
Hectare ). Heirs: Col
|
Method 1
|
Method 2
|
|||||||
|
Shares from
|
Shares from
|
|||||||
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Shares from
|
Shares from
|
|||||||
|
Sn
|
Waris
|
Share
|
Each
|
Each
|
%
|
Share
|
Each
|
%
|
|
|
Optional
|
Calcltr
|
Basic
|
Final
|
Calcltr
|
|||
|
1
2
3
|
Dtr
3 SD
Mother
|
12/20
4/20
4/20
|
12/20
4/20/3
4/20
|
12/20
4/60
4/20
|
60.00
6.66
20.00
|
1/2
1/6
1/6
|
3/5
1/5
1/5
|
20.00
26.66
13.33
|
|
Total ZF
|
20
|
|
100
|
|
|
|
100
|
|
Explanation (Method 1)
Sum total of shares of ZF
(from Table 1) = 12 + 4+ 4 = 20
Residue = 24 – 20 = 4 units
There is none in Table 2 to
receive it (Sn 14-23). So it is a Problem of Return.
Hence the Residue will be
given back to ZFN.
Alternately (Simpler
method):
The Residue from ZFS (Husband) will be divided among ZFN in the ratio of
their Basic Shares.
|
Basic share of
Dtr = 12 (Sn 3/ Table 1)
3 SD = 4
(Sn 4/ Table 1)
mother = 4
(Sn 7/ Table 1)
Total = 12 + 4 + 4 = 20
units
So final share of
1 Dtr = 12/20, 3 SD = 4 / 20
Mother =
4/20
|
Explanation (Method 2)
Sum total of Basic
shares =1/2 + 1/6 + 1/ 6 = 5/6
Residue = 1 – 5/6 =
1/6 There is none in Table 2 to get
it.
|
|
M8. Statistics Aul and Radd
In SUN Tables (Table-6), out of 2586 problems, there are 225 (9 %) problems of Return, and
404 (16 %) problems of Excess. In the rest of the 1957 (75 %) problems, the Residue from the
Sharers(Table 1) goes to the Residuaries.(Table 2/Sn 14-23)
|
|
39
Hence a problem of Return
So increase the shares
in the ratio 1/2 : 1/6 : 1/6 , or
Alternately, divide the whole
in the ratio of 1/2 : 1/6 : 1/6
This is left as an Exercise
for the students of Math.
Prob 4
Problem of Return مسٗلہ الرد
Case 2- When Husband (Wife)
is alive
Muras = Hinda , Tarka = 100 (Rupees,
Hectare ). Heirs: Col
|
Method 1
|
Method 2
|
|||||||
|
Shares from
|
Shares from
|
|||||||
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Shares from
|
Shares from
|
|||||||
|
Sn
|
Waris
|
Share
|
Each
|
Each
|
%
|
Share
|
Each
|
%
|
|
Optional
|
Calcltr
|
Basic
|
Final
|
Calcltr
|
||||
|
1
2
3
4
|
Husbnd
Dtr
Mother
MM
|
6
12
4
x
|
-
|
-
|
25.00
56.25
18.75
x
|
1/4
1/2
1/6
x
|
4/16
9/16
3/16
x
|
25.00
56.25
18.75
x
|
|
Total ZF
|
22
|
|
100
|
|
|
|
100
|
|
Explanation (Method 1)
Sum total of shares of ZF
(from Table 1) = 6 + 12 + 4 = 22
Residue = 24 – 22 = 2 units
There is none in Table 2 to
receive it (Sn 14-23). So it is a Problem of Return.
Hence the Residue will be
given back to ZFN.
Alternately (Simpler
method):
The Residue from ZFS (Husband) will be divided among ZFN in the ratio of
their Basic Shares.
Tarka = 100 rupees
Share of ZFN = 1/4 x 100 = 25.00 Rs
Residue = 100 – 25 = 75 Rs
Basic share of Dtr = 12 units
Mother = 4 units
40
Total = 12 + 4 = 16 units
So final share of Dtr = 12/16
x 75 = 56.25 Rs
Mother = 4/16 x 75 =
18.75 Rs
MM (Mother’s Mother) excluded
by mother (see Table 1/ Sn 10)
|
M9. Basis for 2,586 key Problems
There
are 26 basic codes (heirs) as per
Table 1 (Little Family). Adding thereto code 27 (representing code 27 to 144
from the Big Family in Table 2), and adding code 150 (representing the
Distant Kindred in Table 3), we have 28 key codes.
To
begin with, the Gross Number of Problems (GNP) related to these 28 codes was
worked out, using the mathematical formula:
GNP=N Factorial/[R Factorial x (N-R) Factorial]
where
N=28 R=Number of codes in a group=ranging from 1 to 28.
Then, since code 1 and code 2 can not co-exist,
(because the dying person can not have
a husband and wife both), all combinations of codes where code 1 and code 2
both occurred, while generating the gross number of problems, were discarded.
Similarly,
some codes eliminate some other codes (Tables of Hajib and Mahjub), therefore
using the Elim Tables EL- 1 to EL- 5,
all cases where at least one code got a zero share, were discarded.
This was done by hit and trial. Thus at one stage about 10,000 problems were
left, but here too in some cases, a zero share occurred.
The
final net number of problems where
every code got a non-zero share came
down to 2,611 (key) problems, except in some cases. This last mentioned
exception was where code 12 (father), code 13 (mother) and ikhwa
occurred together. Here ikhwa, itself, does not get a share in the
presence of code 12, but it fixes the share of code 13 (mother) as 1/6.
Table given below
shows the GNP and the Net number of problems.
|
41
13. Code List ---
Little Family Table 3
Code 1-28
|
Codeرمز
|
Heir
|
Abn
|
وارث
|
|
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
150
|
Husband
Wife
Son
Dtr
[2>]
Dtr
[1 ]
Son's
son
Son's
Dtr [2>]
Son's Dtr [1]
Son's
Son's Son
Son's
Son’s Dtr[2>]
Son's
Son’s Dtr[1]
Father
Mother
Father’s
Father
Father’s
Mother
Mother’s
Mother
Real
Brother [2>]
Real
Brother [1]
Real Sister [2>]
Real
Sister [1]
Paternal
Brother 2>] (*)
Paternal
Brother [1]
Paternal
Sister [2>]
Paternal
Sister [1]
Maternal
[2>] (**)
Maternal[1]
Distant
Male Residuary
Distant Kindred (Table 7)
|
H
W
S
D2
D1
SS
SD2
SD1
SSS
SSD2
SSD1
F
M
FF
FM
MM
RB2
RB1
RS2
RS1
PB2
PB1
PS2
PS1
MT2
MT1
DMR
DK
|
زوج
زوجہ
ابن
بنت [2>]
بنت [1]
ابن ابن
بنت ابن [2>]
بنت ابن [1]
ابن ابن ابن
بنت ابن ابن [2>]
بنت ابن ابن [1]
ام
اب
اب اب
ام اب
ام ام
اخ شقیق [2>]
اخ شقیق [1]
اخت شقیقہ [2>]
اخت شقیقہ [1]
اخ علی [2>]
اخ علی [1]
اخت علی [2>]
اخت علی [1]
خیفی [2>]
خیفی [1]
عصبہ مذکر بعید
ذوی الارحام
|
Symbols 2> = Two or more
(*) = A
person from the same Father as the deceased, but
from a
different mother
(**) = A person from the same Mother as the
deceased, but
from a
different father
MT = Maternal brother (MB) = Maternal Sister
(MS)
42
13.1
Distant Male Residuaries (DMR)عصبات مذکر بعیدہ
Table 4 (Code 27-54)
|
DP=Deceased person
|
43
|
ß
|
(FF)
) 14
|
à
|
44
|
||
|
45
|
33
|
FRB
|
((Father 12
|
FPB
|
34
|
46
|
|
|
47
|
35
|
RB
|
DP
|
PB
|
36
|
48
|
|
|
49
|
37
|
27
|
XXX
|
28
|
38
|
50
|
|
|
51
|
39
|
29
|
XXX
|
30
|
40
|
52
|
|
|
53
|
41
|
31
|
XXX
|
32
|
42
|
54
|
|
Explanation
|
1.
Only male residuaries fall under this category.
A
male Residuary is a male who is related to the DP, through males only. Thus
mother’s father is not a male Residuary, because he is related through
mother/female. Real brother’s Dtr is
not a male Residuary, because she itself is a female, though related
through male/real brother.
Any
male not listed in Table 1 or 2, is a Distant Kindred (DK). For division among the DK see Book 2.
2.
Code 33 is the Real, and Code 34 is the Paternal brother, of Code 12
3.
Code 35 is the son of Code 33. Similarly,Code 36 is the son
of Code 34
Example 1:
Jahangir
is the son's son of the real
brother of the father of DP. What is his Code as per Table 4 ?
|
Answer.
Code
of father of DP =12
Code
of real brother
of
father of DP =33
Code
of son of real brother
of
father of DP =35
Code
of son's son of real
brother
of father of DP =37
Thus,
the Code of Jahangir is 37
Example
2:
Kallu is
the son's son's son of the paternal brother
of the father's father's
father's father's father's father of
the DP. What is the Code of Kallu.
Answer.The
Code of DP's father(C12)'s
father(C14)'s
father(C145)'s
father(C146)'s
father(C147)'s
father(C148)'s paternal
brother(C104)'s son(C106)'s son(C108)'S son(C110). So the Code of
Kallu ) is 110.
|
|
M10
Mas'ala Kalala
مسٗلہ کلالہ
In the light of Fiqh and Tafseer
M10.1 Anomalies <page
42-43>
1. In the Quran, the word
'Kalala' occurs twice in Sura An Nisa
in verse
|
|
43
14 An Introduction to Elim Tables
When
a Muslim (male or female) dies, he (she) leaves behind over 1.3 billion blood
relations. That is, the whole Ummah numbering as such today. But a basic
principle of the Shariah is that the nearer in relation to the Deceased person
exclude from inheritance the remote ones
in the same line (pedigree). Thus in practice not more than six (6) codes (as defined earlier in Table 3) inherit
together. Under the Elim Tables (Table 5), 221 Rules of Eliminationhave been
laid out. With the help of these tables
it can be found out as to who will stand excluded in the presence of some other single code (or group of codes). These Elim
Tables apply to heirs with code numbers 1-54 (termed as Sharers ذوی الفروض and Residuaries عصبات mixed). For the 3RD
category of heirs (Distant kindredذوی الارحام ) , see Table 8 later
Exception.
There are five males in the Elim Tables,
in whose share, the share of a female of
the same rank shall also be included. These are
1. Son (Dtr) or Code 3 (Code 4/5)
2. Son’s Son (Son’s Dtr) or Code 6
(Code 7/8)
3. Son’s Son’s Son (Son’s Son’s Dtr)
or Code 9 (Code 10/11).
Also share of son’s Dtr (Code 7/8) ,too, is included
in the share of Son’s Son’s Son (Code 9), provided she did not get a share
independently. See foot note *2 under Table 2 given earlier
4. Real brother (Real sister)
5. Paternal (consanguine) brother
(paternal sister)
Thus, the codes of these female heirs have been
excluded only temporarily. Later on, a share allotted to the male, shall be sub divided among the males and
females in the ratio of 2:1 (that is, if female gets 1 rupee, the female will
get 2 rupees)
Corollary.. Real brother’s Dtr (Code 215/Table 7) shall not be entitled
to a share out of the share (if any) due to Real brother’s son (Code 27/ Table 4),because
it is not among the five persons listed above
|
M10.1
<page
42-43-44>
12
and 176. There has been quite a difference of opinion among the Companions
of the Holy Prophet (saw) as to the meaning of this term.
2. Hazrat Omar used to say: I wish the Holy Prophet
(saw) had made three things abundantly clear and these are, (1) Kalala (2)
Riba and (3) Khilafat (Abdulla Yusuf
Ali).
Once he said: I wish I had got clarification about Kalala from the Holy
Prophet (saw). If I live for another year, I shall call the Companions and
|
44
15. Elim Tables (Table 5)
ELTR= Eliminator ELEE =
Eliminee
|
EL-1(Skip Table EL- 1, if Code
13 is alive)
|
M10.1 <From page 43-44-45>
consult
them about it. But he was martyred soon thereafter.
3.
To see how the meaning of the term 'Kalala' has been conveyed into Fiqh
(which represents the agreed view of the jurists), we may refer to Al
Sirajiyyah, the---
|
|||
|
Sn
|
Action
|
|||
|
001
|
(1)Replace
Code 18 by Code 17
(2)Replace Code 22 by Code 21
|
|||
|
Sn
|
ELTR
|
ELEE
|
||
|
002
003
004
|
12
14
(1+20)
|
(17 - 26 )
(17 - 26 )
21 22
|
||
|
EL- 2
|
|
Sn
|
ELTR
|
ELEE
|
---
(6th Century Hijri) book of Mirath by Sheikh Sirajud Din Sajawandi, on the
Hanafi Jurisprudence). The relevant provisions in this book, for the shares
of the (1) Maternal and (2) Real
brothers and sisters are as under. (It may be mentioned for the interest of a
common reader that in the matter of the point under discussion there is no
difference of opinion among the four Schools of Thought (Jurisprudence) among the Ahle Sunna, except in the case of
Ikhwa ma'all Jadd where father's father does not exclude Real and paternal
Br/Sr from inheritance- a view strongly supported by Zaid bin Thabit)
|
|
005
006
007
008
009
010
011
012
013
014
015
016
017
018
019
020
|
3(Son)
4
5
6
7
8
9
10
11
12
12
13
14
15
16
17
|
(4-11)(17-27) 150
(If son is alive, Codes
under ELEE shall be excluded from the list)
7 8 10 11 25 26 150
25 26
150
(7-11) (17-27)150
10 11 25
26 150
25 26
150
10 11
(17-27) 150
25 26 150
25 26 150
14 27 150
15(For Hanafi and Maliki
only)
15 16
150
27 150
150
150
(19 -
24) 27 150
|
45
|
EL – 2
(continued)
|
|
Sn
|
ELTR
|
ELEE
|
M10.1 <page 44-45- 46>
A.
Share of maternal brother/sister (derived from verse 12)
If
a deceased person is survived by only one person from among maternal brothers and maternal
sisters, it will take 1/6 share. But
if there are two or more such persons, they will take 1/3 share collectively,
which will be divided equally among them without consideration of sex -
Provided the Deceased person has no son, Dtr, Father or Father's Father.
|
|||
|
021
022
023
024
025
026
027
028
029
030
|
18
19
20
21
22
23
24
25
26
27
|
27 150
23 24 150
150
23 24 27 150
27 150
24 150
150
150
150
150
|
||||
|
EL- 3
|
||||||
|
Sn
|
ELTR
|
ELEE
|
B.
Share of real sisters/brothers (derived from Verse 176)
(1) If a person is survived by a
single Real sister, it will take 1/2 share, and if these are two or more,
they take 2/3 share - provided the deceased person has no Aulad, father, father's father, real brother .
Here Aulad means one or more persons from
among son, Dtr, son's son, son's Dtr, son's son's son, son's son's Dtr.
(2) On the other hand, if real
brothers are also alive, the division among the males and the females will be
on the general principle of double share to the male.
|
|||
|
031
032
033
034
035
036
037
038
039
040
041
042
043
044
045
|
1 + 19
1 + 20
1 + 23
1
+ 24
4
+ 12
4
+ 14
4
+ 18
4
+ 19
4
+ 20
4
+ 22
4
+ 23
4
+ 24
5 + 8
5
+ 12
5 + 14
|
21 22
27
27
27
27
(17- 24)
(17- 24)
(19- 24)
21 22
27
21-24) 27
23 24
27
27
10
11
(17
- 24) (17 - 24)
|
||||
46
|
EL -3(continued)
|
M10.1 <page 45-46-47>
(3) Real sister if coexisting with Dtr/
son's Dtr /son's son's Dtr, takes as a Residuary (and not as a Sharer).
Details are available in any book on Mirath. And this case does not fall
under the definition of Kalala).
4.
The problems arising out of defining Kalala differently in Tafsir and Fiqh.
Typical cases are as under.
A.
Mother being included in the definition of
kalala: If a person is
survived by his mother, two maternal
sisters and three real sisters. then
1. According to Tafseer, mother will get the whole property and sisters will stand excluded.
2. According to Fiqh, mother will get 4/28, maternal sisters will
get 8/28 and the real sisters will get
16/28 share as Zawil Furuz.
B. Dtr being excluded from the definition of Kalala,
if a person is survived by one Dtr and one maternal sister, then
1. According to Tafseer,
Dtr will get 12/16 share and
the maternal sister will get 4/16
2. According to Fiqh, Dtr gets the whole
and the maternal sister stands
excluded.
|
||
|
Sn
|
ELTR
|
ELEE
|
|
|
046
047
048
049
050
051
052
053
054
055
056
057
058
059
060
061
062
063
064
065
066
067
068
069
070
071
|
5
+ 18
5
+ 19
5
+ 20
5
+ 22
5
+ 23
5
+ 24
7
+ 12
7
+ 14
7
+ 18
7
+ 19
7
+ 20
7
+ 22
7
+ 23
7
+ 24
8
+ 12
8
+ 14
8
+ 18
8
+ 19
8
+ 20
8
+ 22
8
+ 23
8
+ 24
10
+ 12
10
+ 14
10
+ 18
10
+ 19
|
(19 -
24)
21 22 27
(21 - 24) 27
23 24
27
27
(17 - 24)
(17 - 24)
(19 - 24)
21 22
27
(21 - 24)
27
23 24
27
27
(17 - 24)
(17 -
24)
(19 -
24)
21 22 27
(21 - 24)
27
23 24
27
27
(17 - 24)
(17 - 24)
(19 - 24)
21 22 27
|
|
47
|
EL- 3
(continued)
|
||||
|
Sn
|
ELTR
|
ELTEE
|
|
|
|
072
073
074
075
076
077
078
079
080
081
082
083
084
085
086
087
088
089
090
091
092
093
094
095
096
|
10
+ 20
10
+ 22
10
+ 23
10
+ 24
11
+ 12
11
+ 14
11
+ 18
11
+ 19
11
+ 20
11
+ 22
11
+ 23
11
+ 24
12
+ 17
12+19
12+21
12+23
12+25
12+18/20/22/24/26
14+17
14+19
14+21
14+23
14+25
14+18/20/22/24/26
18+19
|
(21
- 24) 27
23 24
27
27
(17 - 24)
(17 - 24)
(19 - 24)
21 22 27
(21 - 24) 27
23 24
27
27
25 26
18 21 22 25 26
18 20 22 25 26
18 20 22 25 26
18 20 22 24 26
18 20 22 24 26
25 26
18
21 22 25 26
18 20 22 25
26
18 20 22 25
26
18 20 22 24 26
18 20 22 24 26
21 22
|
M10.1
<page 46-47-48>
C.
Dtr being excluded from the definition of Kalala: If a person is survived by two Dtrs and two real
sisters, then
1.
According to Tafseer, Dtrs and real sisters both will get 16/32 share as Zawil Furuz
2.
According to Fiqh, Dtrs get 16/24 as Zawil Furuz, whereas real sisters get nothing as Zawil
Furuz. (although real sisters do get 8/24 as Aabah)
5.
This writer has seen more than 60 Tafaseer/Translations of the Holy Qur'an,
in this context. Out of these, there are 36 versions in which ---
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|
|
<page 9-47-58>
BU3. Vendor and super market
People ask me as to why I exert so much to
teach Mirath. 'People know the super market and so they walk over to it. But the vendor has to go
from street to street and from door to door. And also to shout out', they are told.
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48
|
EL -3(continued)
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|
Sn
|
ELTR
|
ELEE
|
M10.1
<Page 47-48 End>
Kkalala
has been defined in verse 12 as the person having no father, son or Dtr,
while there are 30 versions in which Kalala
in verse 176 has been given this meaning. In
----
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|||||
|
097
098
099
100
101
|
18+20
18+22
19+25
20+22
23+25
|
(21-24) 27
23 24
21 22 27
23 24
27
|
||||||
|
EL -4
|
||||||||
|
Sn
|
ELTR
|
ELEE
|
----the
other versions a different meaning has been assigned in verse 12 and 176.
There are only 17 versions, in which a uniform meaning, and the one
consistent with Fqh has been given and Fatehur Rehman (Persian version) by
Shah Wali Ullah is one among these.
6.
Fateh
in this Sub Continent), defines Kalala, in verse 12 (of Sura an Nisa) as a person not survived
by his Pidr and Frzand . The
dictionary meaning of Pidr is father, while Frzand means a Pisr (son) and
Dkhtar (Dtr) both in verse 176
However, the Arabic version of the word
Kalala as Walid (father) and walad (= Aulad=son and Dtr both
inclusive) have been retained. According to
[End of M10.1]
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|||||
|
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
|
1+
4+12
1+
4+13
1+
4+14
1+
4+15
1+
4+16
1+
7+12
1+7+13
1+7+14
1+7+15
1+7+16
1+10+13
1+10+15
1+10+16
1+13+25
1+13+26
1+15+20
1+15+25
1+16+20
1+16+25
1+20+25
|
6 9
6 9 (17-24)
27
6 9
6 9 (17-24) 27
6 9 (17-24) 27
9
9 (17-24) 27
9
9 (17-24) 27
9 (17-24)
27
(17-24)
27
(17-24)
27
(17-24)
27
17 18 21 22 27
27
21 22
17 21 27
21 22
17 21 27
21 22
|
||||||
49
|
EL- 4(continued)
|
M10.2 <page 49-50>
Varying definitions of
Kalala in Tafasir
The
meaning assigned to Kala in the
various Tafasir and Translations in Urdu, Arabic, Persian and English is as
under
آیت 12
1 کلالہ = اصول + فروع [تھانوی، تدبر،وحید الدین ،حقانی ،علامہ یوسف]
2 کلالہ= باپ+ اولاد [تھانوی،صابری،غلام اللہ،سر سید، معام،قطب شہید،کاندھلوی]
3 کلالہ= باپ+ دادا [کاندہلوی، معارف، ابو الکلام]
4 کلالہ =اصل + نصل [بغوی]
5 کلالہ= پدر + فرزند [فتح
الرحمان، کشف الاسرار]
6= کلالہ= ولد + والد [قررطبی، ابن عربی، منتخب،صابونی، واضح،بیان،ابن کثیر،طبری،
مقباس،خازن،بغوی، مراغی، معالم التنزیل،محمود احمد، البحر اکمحیط،روح
البیان،مظہری]
7 کلالہ = اصل+ فرؑ [صابونی]
۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔
8 کلالہ = ماں + باپ + اولاد [احمد رضا، کشف الرحمان،حسنات، کرم شاہ، حسینی،
تفہیم، احمد یار، حقانی، کبیر]
9 کلالہ= ماں+باپ+ بیٹا، +
بیٹی[عثمانی،عبد القہار،
|
||||
|
Sn
|
ELTR
|
ELEE
|
|||
|
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
|
1+20+26
2+13+19
2+13+
20
2+13+23
2+13+24
2+15+19
2+15+23
2+16+19
2+16+23
2+19+26
2+20+25
2+23+26
2+24+25
4
+ 12 + 13
4
+ 12 + 15
4
+ 12 + 16
4
+ 13 + 14
4
+ 14 + 15
4
+ 14 + 16
7
+ 12 + 13
7
+ 12 + 15
7
+ 12 + 16
7
+ 13 + 14
7
+ 14 + 15
7
+ 14 + 16
|
21 22
21 22 27
27
27
27
21 27
27
21 27
27
21 27
21 22 27
27
27
6 9
6 9
6 9
6 9
6 9
6 9
9
9
9
9
9
9
|
|||
50
|
EL- 4
|
|
M10.2 <Page 49-50-51>
ثناٗی ،خازن،بلگرامی،
فیوض]
10 کلالہ= پدر ، مادر + فرزند [لاہجی(شیعہ)]
11 کلالہ= باپ + بیٹا [حسنات، شیخ الہند، ابن کثیر،بغوی، بیضاوی،
کمالین،غلام اللہ، ابو الکلام،عبد القادر،کاندھلوی، عمار]
12
کلالہ = باپ + بیٹا+ دادی+ پوتی [عثمانی]
آیت 176
13 کلالہ= اولاد + باپ [احمد یار، رفیع الدین، سر سید، معالم،بلگرامی]
14 کلالہ= ولد + والد [فتح الرحمان،ابن کثیر،قرطبی، کمالین،منتخب،واضح،طبری،
مقباس،مراغی، تنویر، البحر المحیط، روح البیان،صابونی،جصاص،کبیر]
15 کلالہ= ولد+ باپ+ دادا [تفہیم]
16 کلالہ= اولاد+ باپ+ دادا [ابوکلام،حسنات،
عبد القہار،فیوض،مظہری]
17 کلالہ= اصول+ فروع [غلام اللہ، بلگرامی، فیوض،
علامہ یوسف]
18 کلالہ=اولاد+ماں+باپ [تھانوی،معارف،صابری،کرم شاہ،حقانی، کاندھلوی،احمد
یار، خازن، لاہیجی (شیعہ)،روح البیان]
19 کلالہ= باپ + بیٹا [عثمانی، عبد القادر]
20
کلالہ= اولاد [کشف الرحمان،تدبر، ابن کثیر،
|
|
|
Sn
|
ELTR
|
ELEE
|
|
|
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
|
12+18+20
12+18+22
12+18+24
12+20+22
12+20+24
12+22+24
13+18+25
13+18+26
13+19+25
13+19+26
13+20+25
13+22+25
13+22+26
13+23+26
13+ 24 + 25
14 + 18 + 20
14 + 18 + 22
14 + 18 + 24
14 + 20 + 22
14 + 20 + 24
14 + 22 + 24
15 + 19 + 26
15 + 20 + 25
15 + 23 + 26
15 + 24 + 25
16 + 19 + 26
|
25 26
25 26
25 26
25 26
25 26
25 26
(19-24)
(19-24)
(21-24) 27
(21-24) 27
21 22 27
23 24
23 24
27
27
25 26
25 26
25 26
25 26
25 26
25 26
21 27
21 27
27
27
21 27
|
|
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