Fatwa Date: Thul-Hijjah 17, / As regards a Muslim inheriting from his non-Muslim relative, then this is not permissible according to the view of . Wa`alykum As-Salaamu Warahmatullahi Wabarakaatuh. In the Name of Allah, Most Gracious, Most Merciful. All praise and thanks are due to Allah, and peace. Fatwa Date: Rajab 29, / A Muslim can not inherit from a Kafir relative nor can a Kafir inherit from his Muslim relative for the rule of the.
The wills which do not follow the directions of God or are unjust can be challenged, and arbitration between the parties, as well as changing of the will, to guard the interest of all involved is permitted Through family courts or the legal system.
Making a will in Islam is not a choice or option. It is necessary for a Muslim to make a will before his death. If a person dies without a will, many governments have their own rules that may differ from the wishes of the deceased. Therefore, it is important to have a will not just for the distribution of the estate, but also for the custody of children and other matters.
In Islam, the estate of any person, whether large or small, is distributed in the following order. If a person was poor at the time of his death and his estate cannot bear the expenses of the funeral, the state is responsible to pay from the treasury Bait-ul-maal. This includes mortgages on residential or business properties, car loans, credit card loans, personal loans, unpaid employee wages, hospital bills, taxes, etc.
A verse of the Holy Quran 4: However, the Holy Prophet saw instructed to pay debt before wasiyyat, and this was his practice Tirmidhi, Bab-ul-Faraidh. If dowry money Haq Mehar has not been paid to the wife, it will also be considered a debt. This includes any charitable contributions, share for those relatives who are not defined as inheritors in Islam, and money or property given to the poor, servants, and the needy.
Inheritance in Islam
This is the only portion of the estate on which the deceased has control. The shares of these inheritors have also been fixed by Allah 4: The inheritors or their defined shares cannot be changed by anyone. The estate in Islam is distributed according to the principles mentioned in the Holy Quran. In addition to passing down the estate to the next generation, Allah has also defined shares for the previous generation parents and grandparents.
The estate can go two generations up as well as two generations down. The presence of certain inheritors blocks others. For example, the presence of a son will block inheritance to the brothers and sisters of the deceased.
As a general rule, the estate is divided as follows: It should be noted that son is not mentioned in the heirs by the Holy Quran. But son is the most important heir. All of the above shares will be distributed after payment of funeral expenses, debts, and bequests. Each of the above family members will inherit from the deceased if they are living at the time an unborn child is included in the inheritance. The shares of these heirs in the inheritance cannot be blocked.
There are other heirs too, but their inheritance depends on the presence or absence of the above mentioned heirs. Guardians should be appointed for those heirs who are minors at the time of inheritance. They will get control once they become adults. There is no set age for this — once the elders feel that that heir is mature enough to take control, he can have ownership. In cases of dispute, courts can decide. Those heirs who are mentally disabled should also have guardians appointed to manage their share.
In the Holy Quran, Allah has fixed a share for the women along with men in the estate of the deceased. As a general principal, the share of women in inheritance is half that of men although not always — for example, the share of the father and mother is equal in the estate of their son. Some critics consider this as unequal treatment and proof of inferior status of women in Islam.
Men and women are equal as human beings God created man and woman from a single soul 4: Their roles in life are different.
For example, only women can be mothers and therefore are afforded certain rights and obligations. In the matters of family, Islam has charged men with the duty of financial support Men are responsible for the maintenance of women 4: Women are not obligated to contribute financially in the support of their families even when they have wealth and money. Therefore, from a financial standpoint, men need more resources. Hence, Islam provides them with more.
However, Islam does not deprive women and has fixed shares for all close female relatives mother, wife, and daughters of the deceased in the inheritance. As is true for any set of rules, regulations, or laws, there will always be some exceptional situations that require individual attention.
These situations cannot be addressed with regular rules. I will mention some of them but address only one in detail to demonstrate the availability of recourse in all such circumstances.
Inheritance in Islam – The Muslim Times
This seems an unfair situation. This situation has been recognized and addressed in Islamic Family Law. This can be used for those who cannot inherit in the regular order. That grandson whose father has passed away, being an orphan is more deserving of mercy.
This practice was widespread in Arab society at the advent of Islam. Before receiving the call to prophethood, the Prophet peace be on him had himself adopted Zaid bin Harithah, who had been captured as a child during one of the raids on his tribe which were common occurrences during the period of jahiliyyah.
Hakim bin Hizam had bought him for his aunt Khadijah, and after her marriage to the Prophet peace be on him Khadijah presented Zaid to him. When Zaid's father and uncle learned his place of residence, they came to the Prophet peace be on him to demand Zaid's return. The Prophet peace be on him gave Zaid a choice, and he chose to stay with the Prophet peace be on him in preference to his father and uncle.
The Prophet peace be on him then set him free and adopted him as his son in the presence of others. He was thereafter called Zaid ibn Muhammad and became the first of the freed slaves to accept Islam. Now what is the judgement of Islam concerning such a system of adoption? Islam rightly views this sort of adoption as a falsification of the natural order and of reality. Taking a stranger into the family as one of its members; and allowing him privacy with women who are not his muharrmat, nor he theirs, is a deception, for the man's wife is not the adopted son's mother, nor is his daughter the boy's sister nor is his sister his aunt, since all of them are non-mahrem to him.
The Right of PARENTS AND CHILDREN In Islam - Chapter 3 - Section 6
Moreover, the adopted son acquires a claim on the inheritance of the man and his wife, depriving the rightful, deserving relatives of their inheritance. Such a situation arouses the anger of the real relatives against the intruder who encroaches upon them and usurps their rights, depriving them of their full inheritance. Since the Islamic Shari'ah specifies the share of an individual's property to which each near blood relative is entitled, the legal adoption of a child who is not among such relatives, but who, by virtue of adoption, is one of the heirs would naturally create bitterness and hostility among the rightful heirs.
Frequently such anger leads to quarrels and to the breaking of relations among relatives.