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Level 1 (23)
- The Testimony of Faith
- An Introduction to Pillars of Islam and Articles of Faith (part 1 of 2)
- An Introduction to Pillars of Islam and Articles of Faith (part 2 of 2)
- Some Common Questions by Recent Converts
- Importance of Seeking Knowledge
- Paradise (part 1 of 2)
- Paradise (part 2 of 2)
- The Night Journey
- How to Pray for a Recent Convert(part 1 of 2)
- How to Pray for a Recent Convert (part 2 of 2)
- Breaking the News to Family (part 1 of 2)
- Breaking the News to family (part 2 of 2)
- Getting Adjusted To the Muslim Community
- Keeping Good Company
- Belief in Allah (part 1 of 2): The Categories of Tawheed
- Belief in Allah (part 2 of 2): Shirk, the Opposite of Tawheed
- Belief in Prophets
- Belief in Scriptures
- Belief in Angels
- Belief in the Day of Judgment
- Belief in Divine Decree (part 1 of 2)
- Belief in Divine Decree (part 2 of 2)
- Study Methodology for a New Muslim
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Level 2 (25)
- Let’s Meet Muhammad (part 1 of 2)
- Let’s Meet Muhammad (part 2 of 2)
- Preservation of the Holy Quran
- The Importance of Prayer (Salah)
- Etiquette of the Ritual Bath (Ghusl)
- Ablution (Wudoo)
- Prayer for Beginners (part 1 of 2): Beforeyou Pray
- Prayer for Beginners (part 2 of 2): A Description ofthe Prayer
- Spiritual Benefits of Prayer
- Medical Benefits of Prayer
- Manners of Relieving Oneself
- Menstruation
- Introduction to Dietary Laws in Islam
- An Introduction To Muslim Family (part 1 of 2)
- An Introduction To Muslim Family (part 2 of 2)
- Love of God and How to achieve it (part 1 of 2)
- Love of God and How to achieve it (part 2 of 2)
- An Introduction to Fasting
- How to Fast
- Eid and End of Ramadan
- Where Is Allah?
- Abraham (part 1 of 2)
- Abraham (part 2 of 2)
- Simple Explanation of Surah Al-Fatiha
- Simple Explanation of Three Short Surahs of Quran
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Level 3 (30)
- Beginners Guide to the Quran (part 1 of 3)
- Beginners Guide to the Quran (part 2of 3)
- Beginners Guide to the Quran (part 3 of 3)
- Beginners Guide to Hadith & Sunnah
- The Importance of Prayer
- Pre-requisites of Prayer
- Hygiene in Islam
- Bathing (Ghusl)
- Ablution (Wudoo)
- Performing Two Units of Prayer
- Performing Three Units of Prayer
- Performing Four Units of Prayer
- General Points About Prayer
- A Day in the life of a Muslim (part 1 of 2): From Waking uptill late Morning
- A day in the life of a Muslim (part 2 of 2): From Noon to Bed
- Fate of Non-Muslims
- Repentance (part 1 of 3): Door to Salvation
- Repentance (part 2 of 3): Conditions of Repentance
- Repentance (part 3 of 3): Prayers of Repentance
- Can We See Allah?
- Preservation of Sunnah (part 1 of 4)
- Preservation of Sunnah (part 2 of 4)
- Preservation of Sunnah (part 3 of 4)
- Preservation of Sunnah (part 4 of 4)
- Eating – The Islamic Way (part 1 of 2)
- Eating – The Islamic Way (part 2 of 2)
- Simple Explanation of Quran’s Greatest Verse: Aaya tul-Kursi
- Wiping Over Socks, Making Up Prayers, and Prayer of a Traveler
- Omens
- Charms and Amulets
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Level 4 (30)
- Adhan (part 1 of 2): The Call to Prayer
- Adhan (part 2 of 2): The Call to Prayer
- Shirk & its Types (part 1 of 3)
- Shirk & its Types (part 2 of 3)
- Shirk & its Types (part 3 of 3)
- Recommended Acts of Ritual Bath (Ghusl)
- Reflections on Surah al-Fatiha (part 1 of 3)
- Reflections on Surah al-Fatiha (part 2 of 3)
- Reflections on Surah al-Fatiha (part 3 of 3)
- Dry Ablution (Tayammum)
- Introduction to Sects (part 1 of 2)
- Introduction to Sects (part 2 of 2)
- Protection from Evil (part 1 of 2)
- Protection from Evil (part 2 of 2)
- Perfecting Our Character
- Introduction to the Purification of the Soul (part 1 of 2)
- Introduction to the Purification of the Soul (part 2 of 2)
- The Islamic Dress Code (part 1 of 3)
- The Islamic Dress Code (part 2 of 3): Awrah & Mahrams
- The Islamic Dress Code (part 3 of 3): Prayer & Wisdom
- Satan: Humankind’s Worst Enemy (part 1 of 2)
- Satan: Humankind’s Worst Enemy (part 2 of 2)
- Supplication (part 1 of 2)
- Supplication (part 2 of 2)
- The Mercy of Allah (part 1 of 2)
- The Mercy of Allah (part 2 of 2)
- Role Models in Islam (part 1 of 2): TheFirst Generation of Muslims
- Role Models in Islam (part 2 of 2)
- Trials and Tribulations after Conversion (part 1 of 2): Allah’smercy is embedded in the difficulties of life
- Trials and Tribulations after Conversion (part 2 of 2)
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Level 5 (29)
- Manners of Attending a Mosque (part 1 of 2)
- Manners of Attending a Mosque (part 2 of 2)
- Good Habits for New Muslims to Develop
- Glimpses from the Life of Prophet Noah
- Friday Prayer (part 1 of 2)
- Friday Prayer (part 2 of 2)
- Glimpses from the Life of Prophet Ibrahim
- Marriage Advice (part 1 of 2)
- Marriage Advice (part 2 of 2): Practical Steps
- Rights & Responsibilities of Husbands & Wives
- The Nuts & Bolts of an Islamic Marriage
- Glimpses from the Life of Prophet Lot
- How to Deal with Sadness and Worry (part 1 of 2): Patience, Gratitude and Trust
- How to Deal with Sadness and Worry (part 2 of 2): Establish a relationship with Allah
- Glimpses from the Life of Prophet Yusuf
- Istikharah Prayer
- Glimpses from the Life of Prophet Ayub
- Easy Guide to Zakah (part 1 of 2)
- Easy Guide to Zakah (part 2 of 2)
- Glimpses from the Life of Prophet Musa
- Should I Change My Name?
- Glimpses from the Life of Prophet Isa
- Dealing with Doubts
- A Brief Biography of Prophet Muhammad (part1 of 2): The Meccan Period
- A Brief Biography of Prophet Muhammad (part 2 of 2): TheMadinan Period
- Drugs, Alcohol, & Gambling (part 1 of 2)
- Drugs, Alcohol, & Gambling (part 2 of 2)
- World of Jinn (part 1 of 2)
- World of Jinn (part 2 of 2)
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Level 6 (27)
- Voluntary Prayers
- Treatment of Animals
- Lying, Backbiting and Slander (part 1 of 2)
- Lying, Backbiting and Slander (part 2 of 2)
- Increasing Faith (part 1 of 2): Why faith is not always at asteady level
- Increasing Faith (part 2 of 2): Increase your faith (Imaan)and earn rewards
- Voluntary Fasts
- Signs of the Day of Judgment (part 1 of 2): The Minor Signs
- Signs of the Day of Judgment (part 2 of 2): The Major Signs
- Adultery, Fornication, & Pornography (part 1 of 2)
- Adultery, Fornication, & Pornography (part 2 of 2)
- Islamic Guidelines for Gender Interactions(part 1 of 2)
- Islamic Guidelines for Gender Interactions (part 2 of 2)
- Introduction to Shariah (part 1 of 2)
- Introduction to Shariah (part 2 of 2)
- Acts that Correspond to Human Nature (Sunan ul-Fitrah)
- Eid ul-Adha from A to Z (part 1 of 3)
- Eid ul-Adha from A to Z (part 2 of 3)
- Eid ul-Adha from A to Z (part 3 of 3)
- Innovation in Islam (part 1 of 2): Two Types of Bidah
- Innovation in Islam (part 2 of 2): Is this a bidah?
- Ramadan: The Last Ten Nights
- Umrah (part 1 of 2)
- Umrah (part 2 of 2)
- Concept of Sins in Islam (part 1 of 3)
- Concept of Sins in Islam (part 2 of 3)
- Concept of Sins in Islam (part 3 of 3)
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Level 7 (30)
- Parenting in Islam (part 1 of 2)
- Parenting in Islam (part 2 of 2)
- Major Sins in Islam (part 1 of 2): What is aMajor Sin?
- Major Sins in Islam (part 2 of 2): Major Sins and How toRepent from Them
- The Pilgrimage (Hajj) (part 1 of 3)
- The Pilgrimage (Hajj) (part 2 of 3)
- The Pilgrimage (Hajj) (part 3 of 3)
- The Rightly Guided Caliphs: Abu Bakr (part 1 of 2)
- The Rightly Guided Caliphs: Abu Bakr (part 2 of 2)
- The Rightly Guided Caliphs: Umar ibn Al-Khattab (part 1 of 2)
- The Rightly Guided Caliphs: Umar ibn Al-Khattab (part 2 of 2)
- The Rightly Guided Caliphs: Uthman ibn Affan (Part 1 of 2)
- The Rightly Guided Caliphs: Uthman ibn Affan (part 2 of 2)
- The Rightly Guided Caliphs: Ali ibn AbiTalib (part 1 of 2)
- The Rightly Guided Caliphs: Ali ibn Abi Talib (part 2 of 2)
- Events on the Day of Judgment (part 1 of 3): The Day Begins
- Events on the Day of Judgment (part 2 of 3):Before the Judgment
- Events on the Day of Judgment (part 3 of 3): Judgment Begins
- Interest in Islam (part 1 of 2)
- Interest in Islam (part 2 of 2)
- An Explanation of Surah Al-Asr
- The Questioning in the Grave (part 1 of 2): Death is not theEnd
- The Questioning in the Grave (part 2 of 2): Your Place untilthe Day of Judgment
- The Fruits of Taqwa (part 1 of 2)
- The Fruits of Taqwa (part 2 of 2)
- An Explanation of Surah Al-Ikhlas
- The Rights of Neighbours in Islam (part 1 of 2): The KindTreatment of Neighbours
- The Rights of Neighbours in Islam (part 2 of 2): Neighbours -Good and Bad
- Those Shaded when there is no Shade (part 1 of 2): Allah’sMercy made Manifest
- Those Shaded when there is no Shade (part 2 of 2): Strivingto be Shaded
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Level 8 (29)
- Sincerity in Worship: What is Ikhlas? (part 1 of 2)
- Sincerity in Worship: Ikhlas vs. Riyaa(part 2 of 2)
- Lawful Earning
- The Companions of Prophet Muhammad: Salman Al-Farsi
- The Companions of Prophet Muhammad: Bilal ibn Rabah
- The Companions of Prophet Muhammad: Ammar ibn Yassir
- The Companions of Prophet Muhammad: Zayd ibn Thabit
- The Companions of Prophet Muhammad: Abu Hurayrah
- Islamic Terms (part 1 of 2)
- Islamic Terms (part 2 of 2)
- Khushoo in Prayer
- Inviting Non-Muslims to the Right Path (part 1 of 3): Deliverthe Message in the Best Way Possible
- Inviting Non-Muslims to the Right Path (part 2 of 3): Tawheed First
- Inviting Non-Muslims to the Right Path (part 3 of 3): Inviting Family, Friends and Colleagues
- Trust & Reliance in Allah
- Who Is a Good Friend? (part 1 of 2)
- Who Is a Good Friend? (Part 2 of 2)
- Pride and Arrogance
- The Mothers of the Believers (part 1 of 2): Who are theMothers of the Believers?
- The Mothers of the Believers (part 2 of 2): Altruism & Alliances
- Getting Involved in the Muslim Community
- Ummah: The Muslim Nation
- Simplified Rules of Islamic Divorce (part 1 of 2)
- Simplified Rules of Islamic Divorce (part 2 of 2)
- The Role of a Muslim Scholar (part 1 of 2)
- The Role of a Muslim Scholar (part 2 of 2)
- The Benefits of Being a Muslim
- Sacred Cities; Mecca, Medina, & Jerusalem (part 1 of 2)
- Sacred Cities; Mecca, Medina, & Jerusalem (part 2 of 2)
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Level 9 (30)
- Prayers – Advanced (part 1 of 2)
- Prayers - Advanced (part 2 of 2)
- The Purpose of Life
- Why & How to Learn the Quran (part 1 of 2)
- Why & How to Learn the Quran (part 2 of 2)
- Miracles of the Prophets
- Meat of the People of the Book (part 1 of 2)
- Meat of the People of the Book (part 2 of 2)
- Dhikr (Remembering Allah): Meaning & Blessings (part1 of 2)
- Dhikr (Remembering Allah): Meaning & Blessings (part 2 of2)
- Intercession on Judgment Day (part 1 of 2)
- Intercession on Judgment Day (part 2 of 2)
- Virtues of the Quran (part 1 of 2)
- Virtues of the Quran (part 2 of 2)
- Good Morals (part 1 of 2)
- Good Morals (part 2 of 2)
- The Islamic Golden Age (part 1 of 2)
- The Islamic Golden Age (part 2 of 2)
- Social Media in Islam
- Leisure, Fun and Entertainment
- Astrology and Fortune-telling
- Miracles of Prophet Muhammad (part 1 of 2)
- Miracles of Prophet Muhammad (part 2 of 2)
- Bad Morals to Stay Away From (part 1 of 2)
- Bad Morals to Stay Away From (part 2 of 2)
- The Spiritual Benefits of Fasting and Charity
- Dream Interpretation
- Detailed Biography of Prophet Muhammad - Meccan Period (part 1 of 3)
- Detailed Biography of Prophet Muhammad - Meccan Period (part 2of 3)
- Detailed Biography of Prophet Muhammad - Meccan Period (part3 of 3)
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Level 10 (26)
- What is Jihad?
- Prophet Adam: Beginning of Humankind (part 1 of 2)
- Prophet Adam: Beginning of Humankind (part 2 of 2)
- An Explanation of Surah Az-Zalzalah
- Morals of Prophet Muhammad (part 1 of 2)
- Morals of Prophet Muhammad (part 2 of 2)
- Preserving the Environment
- Crime and Punishment in Islam (part 1 of 2)
- Crime and Punishment in Islam (part 2 of 2)
- Prostration of Forgetfulness
- Introduction to Hadith Terminology
- Detailed Biography of Prophet Muhammad - Madinan Period (part1 of 3)
- Detailed Biography of Prophet Muhammad - Madinan Period (part2 of 3)
- Detailed Biography of Prophet Muhammad - Madinan Period (part 3 of 3)
- Story of Creation (part 1 of 2)
- Story of Creation (part 2 of 2)
- Funeral Rites (part 1 of 2)
- Funeral Rites (part 2 of 2)
- Islamic Wills and Inheritance (part 1 of 2)
- Islamic Wills and Inheritance (part 2 of 2)
- Prophetic Narrations: Sincerity
- Understanding Media Stereotyping
- Health and Fitness (part 1 of 2)
- Health and Fitness (part 2 of 2)
- Intimate Issues
- Islam Began as Something Strange
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Islamic Wills and Inheritance (part 2 of 2)
Description: The secondary inheritors, those who cannot inherit and the writing of a will.
By Aisha Stacey (© 2017 IslamReligion.com)
Published on 31 Jul 2017 - Last modified on 31 Jul 2017
Printed: 132 - Emailed: 1 - Viewed: 12,257 (daily average: 5)
Objectives
·To understand the difference between those who can inherit and those who can receive a bequest. To understand that writing a legal document can be complex and thus seeking advice is useful.
Arabic Terms
·Sunnah - The word Sunnah has several meanings depending on the area of study however the meaning is generally accepted to be, whatever the Prophet said, did, or approved.
·Hadith - (plural – ahadith) is a piece of information or a story. In Islam it is a narrative record of the sayings and actions of Prophet Muhammad and his companions.
·Al-wasiyah – This is the Arabic term for an Islamic will. It distributes up to 1/3rd of the deceased’s estate. Bequests in the will are not to be left for those who are entitled to inherit.
·Shariah – Islamic Law
The Secondary Inheritors
After the primary inheritors comes the next category known as the secondary inheritors. They inherit in the absence of one or more of the primary heirs. They are listed in order of preference.
·Paternal grandson(s), paternal granddaughter(s)
·Full brothers, full sisters
·Half-brothers and half-sisters
·Paternal grandfather
·Full brother’s son
·Paternal brother’s son
·Paternal uncle (father’s full brother)
Those Who Cannot Inherit
These categories of people, although they cannot inherit, are able to benefit from al-wasiyah.
1.Adopted children
2.Non-Muslims. Prophet Muhammad said that a believer cannot inherit from a non-believer and a non-believer cannot inherit from a believer.[1]
3.The children of the deceased’s daughter.
4.The children of the deceased’s sister.
5.The daughters of the deceased’s brother.
6.The children of a maternal half sibling.
7.The deceased’s mother’s brothers.
8.The deceased’s father’s sisters.
9.Any and all in-laws.
10.Family members known as ‘step’ (i.e. that share no birth parents with the deceased.)
11.Ex-wife or ex-wives.
A murderer is unable to either inherit or receive a bequest from the person he killed.
An illegitimate child is only able to inherit from the mother.
Complications
In some places across the world it is not uncommon for parents to disown one or more of their children. Often a will is written to reflect that certain inheritors will not benefit at all from the deceased’s estate. This is not something that Islam allows. Heirs have been determined by Allah and no one has the authority to countermand these instructions. It is not allowed for someone to deprive a rightful inheritor from his or her inheritance. Prophet Muhammad, may the mercy and blessings of Allah be upon him, said that Allah will not admit into Paradise any person who tries to deprive heirs of their rightful shares.[2]
Although the lists of inheritors try to cover all familial relationships and situations, sometimes things get a little bit complicated. When a complex situation arises, Islamic scholars use the primary sources of Islam, the Quran and the Sunnah, to derive both just and satisfactory rulings. Sometimes they take from the rulings given by other Islamic scholars and judges.
Let us take as an example the tragic situation of a childless couple dying together in a car accident. Under normal circumstances when one spouse dies the other inherits. However, in this situation we do not know which of the two died first. When discussing such a case Sheikh Uthaymeen (1925 – 2001 CE) said that one of five different scenarios would apply. Without delving into details, this simply demonstrates that complex situations do arise, and seeking the advice of those acquainted with the Islamic laws of inheritance is sometimes essential.
Writing a Will
Writing a will can be a complex matter because as we have seen inheritance laws are intricate and multifaceted. Before writing your own will, it is wise to get advice from somebody familiar with the Islamic laws of inheritance. This could be a sheikh or imam, and even in a Muslim country it is advisable to seek assistance from lawyers and the court system. In non-Islamic countries it is even more important to seek assistance and it is surprisingly easy to find law firms that deal with Islamic wills.
For instance, the Australian judicial system recognises any will whether it is based on religious teachings or on secular values. Wills, in Australia, are not rendered invalid due to their religious or cultural nature however they can be ruled invalid on the grounds of legal impropriety. Wills in Australia can be contested for many reasons including mental capacity, undue influence, and fraud. It is up to the individual to decide how their estate is divided and it cannot be contested just because it adheres to the Shariah.
One of the reasons why every sane adult Muslim should have a properly prepared will is that it will be unlikely to be contested due to legal impropriety. Whether you are in Muslim or non-Muslim countries, if the will is prepared by a law firm the legal requirements for each individual country will be adhered to. Under these circumstances it can be very difficult for anyone to contest the will for any reason. When the rules of Islamic inheritance law have been set out so specifically by Allah Himself it would be unwise to leave the handling of one’s estate to somebody not familiar with those rules.
What does the will document contain?
The following are the core sections you will find in an Islamic will. The person who makes a will is called the testator.
1.Preamble. The testator declares his faith.
2.Burial. In this section the testator gives instructions as to how his or her funeral and burial will be conducted.
3.Debts. Here the testator gives instructions for all outstanding debts to be paid.
4.Al-wasiyah. Here the testator directs the distribution of up to 1/3rd of his or her estate.
5.Residuary Distribution. This section sets out the distribution of the remaining 2/3rds of the estate in accordance to the Shariah.
Previous Lesson: Islamic Wills and Inheritance (part 1 of 2)
Next Lesson: Prophetic Narrations: Sincerity
- What is Jihad?
- Prophet Adam: Beginning of Humankind (part 1 of 2)
- Prophet Adam: Beginning of Humankind (part 2 of 2)
- An Explanation of Surah Az-Zalzalah
- Morals of Prophet Muhammad (part 1 of 2)
- Morals of Prophet Muhammad (part 2 of 2)
- Preserving the Environment
- Crime and Punishment in Islam (part 1 of 2)
- Crime and Punishment in Islam (part 2 of 2)
- Prostration of Forgetfulness
- Introduction to Hadith Terminology
- Detailed Biography of Prophet Muhammad - Madinan Period (part1 of 3)
- Detailed Biography of Prophet Muhammad - Madinan Period (part2 of 3)
- Detailed Biography of Prophet Muhammad - Madinan Period (part 3 of 3)
- Story of Creation (part 1 of 2)
- Story of Creation (part 2 of 2)
- Funeral Rites (part 1 of 2)
- Funeral Rites (part 2 of 2)
- Islamic Wills and Inheritance (part 1 of 2)
- Islamic Wills and Inheritance (part 2 of 2)
- Prophetic Narrations: Sincerity
- Understanding Media Stereotyping
- Health and Fitness (part 1 of 2)
- Health and Fitness (part 2 of 2)
- Intimate Issues
- Islam Began as Something Strange
Islamic Wills and Inheritance (part 2 of 2)
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