54 items found
- Inheritance in Islam is half of the knowledge
Wealth is the general word but Estate mainly refers to wealth after death. All the things we do including career, business, or goals are framed to meet the target of wealth. Even though every moment we leave refers back to wealth, it is material and is considered evil in many societies. Islam considers wealth and estates to be important from both religious and moral points of view. Islamic ruling has a discipline and criteria to meet about wealth, debt, and inheritance. The Messenger of Allah (Sallallahu alayhi wasallam) said, "O Abu Hurairah. Learn about the Inheritance and teach it, for it is half of knowledge, but it will be forgotten. This is the first thing that will be taken away from my nation." -Sunan Ibn Majah, Chapter 26, Hadith no: 2719 This hadith, reveals many important points that we will explore. Importance of wealth. Importance of inheritance or estates Gaining knowledge is important. Teaching and sharing knowledge is encouraged. The knowledge of inheritance is half of all the knowledge. Half of the knowledge in this world and Half of the knowledge hereafter. It will be forgotten. It is one of the signs of the day of judgment. How all the points fit perfectly in the modern day, you can imagine after reading below! Wealth Everyone small or big, poor or rich, uneducated or professional, no one denies that wealth is important. The main survival and whatever we do in our life including career, education, business, good or bad tie back to wealth. So, this is a proven point that wealth is important. Inheritance Inheritance is important but it is highly underestimated. Wealth is tangible and you can feel it because you live with it. Inheritance is a matter after death that is hard to feel. It's extremely important for your warith (i.e. heirs) as they will feel if they do not receive what they suppose to receive. Knowledge Gaining knowledge is not a priority but is a must in today's world. In the old time, it was difficult to find a person who is educated but now it is the reverse that it is difficult to find a person who is not educated. Is it not so true that knowledge is getting more and more important as time passes which were said by our beloved Prophet Muhammad (Sallallahu Alayhi Wasallam)? Teaching and Sharing I think the trend of teaching and sharing is not just for individuals but it's the main marketing strategy for any product or business. You see it all over the place on social media and everywhere on the net. Half of the knowledge Inheritance forms a substantial part, especially for wealthy people but on average, the inheritance will be close to half that when a person dies. It's not so true that you gather all the wealth in a lifetime (as a result of half of the knowledge) and remain to be part of the inheritance after death (the remaining is the outcome of half of the knowledge). Forgotten Inheritance is considered a topic of old people and not many people take it seriously even though you read lots about inheritance, estate planning, and the importance of succession planning. There are companies, attorneys, professionals, financial institutions, governments, and many organizations promoting the importance of inheritance and estate planning but still, the majority of people do not have estate plans and those who have them, are not adequate. Sign of Qiyamah We see the trend is closure meet compliance with this Hadith as the interest of people about inheritance regarding gaining knowledge and meeting estate planning duties is lacking day by day. All the points in the Hadith are perfectly settling in this regard. Start your learning today through our intuitive course and blogs. Allah, the Most Glorified and the Most High, knows the best. As a human, We are limited to everything and can not perceive it in totality...
- Justice, Fairness, and Balance in Islamic Inheritance law
You will be surprised to see this principle in Islamic Inheritance law. Children inherit from their parents and vice-versa. You would rarely see this justice, fairness, and balance in other Inheritance laws. Parents inherit from their Children and vice-versa as per Holy Quran 4.11-12 Sons and Father inheritance in Islam Daughters and Father inheritance in Islam Sons and Mother inheritance in Islam Daughters and Mother inheritance in Islam Allah, the Most Glorified and the Most High, knows the best. As a human, We are limited to everything and can not perceive it in totality...
- Legal and Islamic Inheritance Law similarities
There is a misconception that Islamic inheritance law is misaligned with legal laws. However, at the core, there are drastic similarities between legal and Muslim succession law regarding estate planning. Muslim inheritance primary heirs (spouse and children) are similar to legal or secular laws. These fixed heirs cannot be disinherited as per Islamic law. Let us examine the following similarities in Islamic inheritance laws vs. legal laws. Islamic law favors creditors for debt payments upon death. Instead, creditors have more upper hand in Islam compared to Legal laws. People can find a way to circumvent the debt through illegal estate planning but all that is not allowed under Islamic law. We should appreciate the laws of Islam that allow a believer to pay off debts and purify his or her sins before departure. There is a definite share of spouse and children under Islamic law (i.e., forced heirship). Not all legal laws, but most favor the voluntarily or mandatorily inheritance share between spouse and children in secular and nuclear family settings. Islamic laws allow the share of Spouse and Children as a priority. No other inheritors can block Spouse and Children (principally) from taking inheritance under Islamic law. Islamic law allows one-third Testamentary bequest part of your Wills or Trust. There are no legal restrictions, except you need an estate plan that does not compromise tax efficiency. Everyone needs an estate plan (i.e., Wills or Trust) to protect their values, wishes, belief, and inheritors under Islamic law (read here why). No country laws have restrictions on expressing individual wishes; instead, the constitution promises the inheritance of every individual in the country. Islamic law allows the share of inheritance for more than 25 generations if primary heirs (i.e., Spouses, children, parents, etc.) do not survive and meet other necessary Islamic law rulings. Legal laws are very specific and largely differ (from one country or jurisdiction to another) on who can be eligible to receive a share if the primary heirs do not survive, but in general, they allow succession for the extended family if primary heirs (Spouse, Children, etc.,) do not survive. However, most secular estate plans (i.e., Wills or Trusts) are limited to Spouse and Children. Allah, the Most Glorified and the Most High, knows the best. As a human, We are limited to everything and can not perceive it in totality...
- Islamic Inheritance law | Learn Shares, Residuary & Calculations
- Islamic Inheritance Masterclass course | Islamic Inheritance law
ISLAMIC INHERITANCE COURSE Islamic succession law is an act, code of conduct, and legislation for Muslim succession and forms the foundations of Islamic estate planning (i.e., Islamic Wills and Trust) for Tarikah (i.e., estate) distribution after death. So, it's a such an important topic from a spiritual, legal, social, moral, and educational perspective. Wassiyyah offers an ultimate online e-learning course that saves time without attending events, sessions, workshops, schools, or institutes. You can start in a moment and get lifetime access. We made learning and teaching easy, accessible, and enjoyable in our Al-Mirath course. You will no longer say, "Islamic inheritance is complex or complicated" after completing this course; instead, you will love and appreciate after discovering the beauty of Islamic law. START YOUR COURSE Lifetime membership access. Free for Wassiyyah's premium members. Interactive Video series created professionally. See course content . Audio narrated in English. Available in more than 100 world languages, captions (or subtitles). Available 24x7 from any device anywhere. One license can allow your entire family to learn. Content principles reviewed and certified by highly qualified Muftis (Doctorate/Ph.D.) Content is condensed and short to not exceed 4 hours, the most for the entire course, to respect everyone's time. You can go back, rewind, and consolidate your learning from your fingertips. Optionally, you can get a certification issued by Wassiyyah if you need it. Not just this crash course but any course offered or available will be free and included in the package. Create unlimited estate plans under lifetime membership. Estate plans purchase cost is excluded. The course is designed to help you learn and implement the strategies for optimizing your estate plans. The course is suitable for any individual, whether a Muslim or non-Muslim. We kept the professional theme to suit universal needs. The course is designed to meet the basic (or fundamentals) to advanced learners. It's highly beneficial for students, teachers, professionals, lawyers, attorneys, or researchers in the area to help them save time in understanding and quickly onboarding to their job or research. If you are already familiar with Islamic law and need clarifications or verification, this course will help you clarify and master your skills. You can get many more courses and see all features for your estate planning goal by joining the Wassiyyah family. You know that estate planning is just not for a day or two. You would need it for your entire life. Islamic inheritance law is core to Islamic estate planning. When you are a premium member, you can check back when you need it regarding Islamic inheritance. So, it's a great investment for the future. This crash course includes learning modules of sources, eligibility through nasab (i.e., blood), sabab (i.e., nikah), wala (i.e., friendship bond), al mawt (i.e., death), presence of warithun (i.e., heirs), and Tarikah (i.e., estates) left, conditions, Asbah al Furuz or Faraidh (i.e., fixed or prescribed shares), and warith (i.e., heirs, beneficiary or sharers), Asabat or Asabah (i.e., residuary or residuaries), Dhawul Arham (i.e., distant kindred), Hajb (i.e., partial and full blocking or exclusion ) rules, for Radd (i.e., Return or Reversion) and Awal or Aul (i.e., increase) doctrine calculations , Miras distribution among Zabil furuz, a procedure of Munasakha, and more. Wassiyyah's course is offered at the lowest rate worldwide at US$9.99 the majority can afford. For example, If you have five members in your family, it will cost US$1.99 for life. It is not amazing! However, you cannot share our course outside your family members. Signing up for courses to gain commercial benefits from Wassiyyah's resources is prohibited per the Term of Wassiyyah. START YOUR COURSE For free blogs and articles, Click HERE . We have published many important Islamic inheritance-related topics under Blogs and Articles that you can search or browse for free. Access the majority of books related to Islamic Inheritance law for free HERE . Stay tuned for the upcoming Islamic inheritance book for intensive learning. Lastly, You can receive your Free "Beginner's guide to Islamic estate planning " with a free sign-up. Please feel free to drop your FEEDBACK on Wassiyyah for this page or overall experience. We hope you can benefit from this work and share it with others through social media. Please find all resources below, and do not forget to leave your FEEDBACK so that we can improve further. GO BACK TO HOME
- Muslim Inheritance I Islamic Inheritance law
MUSLIM INHERITANCE OR SUCCESSION LAW The word "Succession" has a different meaning depending on its use. In the context of inheritance, it is an equivalent term. However, if you refer to the business aspect, then it means "Succession" planning which can take place prior to death. When you use succession equivalent to inheritance then it can take place only after demise. The term "Legacy" is used in place of Succession and Inheritance but not quite often. Sunni Islamic Inheritance law principles include all estates (i.e., House, land, money, jewelry, belongings) capital and non-capital, movable, and immovable properties. Deduct the debts (i.e., personal, commercial, mortgage, loans), expenses (i.e., funeral or burial, administration, legal, executors), and Testamentary bequest (not exceeding one-third). Wassiyyah offers blogs, articles, guides, and books. Additionally, you may consider joining the Muslim succession course to learn each element and achieve the ultimate learning objective. If you are a non-English speaker, you do not need to worry because our course is optimized for captions or subtitles in 100 languages. The sources of Muslim succession law are four; The Holy Quran is the primary source, the Sunnah (i.e., sayings of the prophet Muhammad Sallallahu Alayhi Wasallam), the Ijma or Ejma (i.e., the consensus of companions), and the Qiyas (i.e., the analogical deductions using reasoning). The ilm al-Faraid or ilm al-wareeth (i.e., the science of inheritance is firmly established using all these four sources. It is so true that Inheritance is half of the knowledge and read more here . Under Muslim family inheritance law, Islam grants the rights to surviving spouse (Islamically and legally married), sons, daughters, father (or Grandfather), mother (or Grandmother), and siblings (Full, Paternal, and Maternal). As per Muslim succession law, Children, Spouse (Islamically married), Parents, and Siblings inherit from the father's or Mother's property as stipulated in the Holy Quran 4:11-12 and 4:176. There are 35 verses directly or indirectly addressing inheritance matters for Muslims in the Quran. However, three verses (4.11, 4.12. 4.176) in chapter 4, Surah An-Nisa (i.e., Women), specifically address the Inheritance of Husband, Wife, Sons, Daughters, Parents, and Siblings. There are three types of inheritors in Islam; Dhil Furudh (i.e., Fixed or Prescribed or Quranic sharers or heirs), Asbah (i.e., the Residuary), and Dhil Irham (i.e., the Distant kindred). Also, the word "Kalala" is used for a person who does not have descendants and descendants. There are twelve fixed Islamic Inheritance sharers (Ahl Al Fara'id): Husband or Wife, Son and Daughter, Father or Grandfather (i.e., Father of Father how high soever), Mother or Grandmothers (i.e., Mother of Mother and/or Father of Mother how high soever), Maternal Brothers and Sisters, Full sisters and Paternal Sisters. Refer to the Islamic Inheritance table for more information. The "Faraid" is compulsory in Islam. Faraid means the "Fixed portion ," which is mandatory. Adherents to Faraid are compulsory for Muslims, which is evident in the Holy Quran. Allah (subhanahu wa ta'ala) states, "This is an obligation from Allah" (Holy Quran 4:11) and again, "This is a commandment from Allah" (Holy Quran 4:12). Also, "These entitlements are the limits set by Allah. Whoever obeys Allah and His Messenger will be admitted into Gardens under which rivers flow, to stay there forever. That is the ultimate triumph! But whoever disobeys Allah and His Messenger and exceeds their limits will be cast into Hell to stay there forever. And they will suffer a humiliating punishment" (Holy Quran 4:13-4:14). Asaba (i.e., Residuary or Agnates) is the one who receives residue after deducting the fixed shares. Residuary sharers are Sons, Daughters, Sons of Sons, Daughters of Sons, Father, Father of Father, Full Siblings, Paternal Siblings, and Consanguine male relatives. Distant kindred can inherit when fixed sharer and Residuary are not alive with one exception to this is, Distant kindred do inherit in the presence of Husband or Wife. Distant kindred inherit under Hanafi, Shafii, and Hanbali but not Maliki law. To learn more, refer to Distant Kindred relatives. Refer to the Islamic Inheritance table for more information. Inheritance for Muslims is divided according to the shares outlined in the Holy Quran and interpreted through Sunnah. Generally, the Husband receives one-half (i.e., 1/2) and one-fourth or quarter (i.e.,1/4) share of the Wife's property under certain applicable conditions under Islamic law. The Wife receives one-fourth or quarter (i.e., 1/4) and one-eighth (i.e., 1/8) share of the Husband's property with certain applicable conditions under Islamic law. Parents or Grandparents receive one-sixth (i.e., 1/6) share. Daughters receive one-half (i.e., 1/2) if Single and two-thirds (i.e., 2/3) if Multiple. Males get double the share of females under Joint Residuary . Siblings' (Full or real, Paternal or consanguine, and Maternal or Uterine Brothers and Sisters) sharing is subject to certain conditions and blocking Islamic Inheritance rules . Broadly, Nephews and Nieces inherit in the absence of Siblings. Then Paternal, Maternal Uncles, Aunts, and their descendants inherit. The "Mirath" refers to the Testamentary bequest of not exceeding one-third allowed under Shariah through Islamic Will or Waqf (i.e., Trust). So, in other words, the maximum testamentary freedom you have is less than one-third of total inheritance under Islamic law. The testamentary one-third or less is counted after deducting funeral and administration expenses, debts, zakat (i.e., obligatory religious duties), taxes, etc. Muslim jurists have different opinions regarding paying the Zakat from the deceased person's property. According to the majority of fuqaha, it is obligatory to pay Zakat first, and then the residue will be distributed among the heirs. In comparison, the Hanafi school believes that it is not obligatory. Hanafi school opines that the Zakah will not be deducted because the deceased person is no more aptitude to execute any contract or fulfill a religious duty. Durr Al-Mukhtar and Hashiyat Ibn Abidin (Redd Al-Mukhtar) (6/760): “(Then) he gives precedence (his debts that have demands on the part of the servants), and he gives precedence to the debt of health over the debt of illness if the cause of it is not known. Otherwise, it will be forgotten as the master explained it. (His saying: As for the religion of God Almighty, etc.) Beware of his saying: On the part of the servants, such as Zakat, penances, and the like. Al-Zayla’i said: They fall by death, so the heirs are not obliged to pay it unless he recommends it; or donated by themselves; Because the pillar in the acts of worship is the intention and action of the obligated one, and he has passed away with his death, so he cannot be imagined. Islamic inheritance law allows inheritance distributions far beyond contemporary family settings. Also, all the conditions and blocking rules are in-built into the law itself, which minimizes the attorney's effort. Under traditional Muslim succession law, a legally married surviving spouse (but not Islamically married such as common-law-partners), adopted child, or Apostate cannot inherit (provided no impediments to inheritance). Also, it depends on the status of surviving inheritors in Islam. One important Islamic inheritance clause you should know for the Abrahamic religion is that Muslims can not inherit from their non-Muslim (Jews or Christian) family members or relatives but Non-Muslims Jews or Christian eligible Islamic heirs can inherit from Muslims from a portion of Testamentary bequest. This Islamic law gives special considerations to respect the rights of non-Muslim people of the book (i.e., Jewish and Christians). The unborn baby will get an inheritance. However, there are three conditions; If it is from the deceased person, she should give birth within two years after the death of the "unborn baby's" father. And if it is from someone other than the deceased ( i.e., the Unborn baby is a brother of the deceased person), then he/she should be born within six months. Most parts of the unborn child should be alive when he comes out of the mother's womb. And there are separate chapters on the inheritance of pregnancy in the books of jurisprudence for all schools of thought. Al-Qurtubi said in “Jami’ Ahkam al-Qur’an”: If a man dies and leaves his pregnant wife, he stops the money until he knows she is giving birth. He said: The scholars unanimously agreed that if a man dies and his wife is pregnant, the child in her womb inherits and bequeaths if he comes out alive and begins, meaning he raised his voice by crying. And Sheikh Khalil bin Ishaq Al-Maliki said in his summary: (And the endowment of the oath for the pregnancy), i.e., the endowment of the inheritance division until the lamb is laid, and it is known whether it is alive or not? Is it united or multiple, male or female? An adopted child cannot inherit under traditional Sunni Islamic law. However, they may receive part of the testamentary Bequest, but the opinions of Sunni Islamic jurists may differ. Under traditional Muslim succession law, legally married surviving spouse (but not Islamically married such as common-law-partners), adopted child, non-Muslim family members or relatives, Apostate, unborn or stillborn, cannot inherit. Also, it depends on the status of surviving inheritors in Islam. Refer to "Islamic inheritance sharers and residuary " to learn about siblings' shares. While adhering to shariah for Islamic estate planing is utmost important for muslims, the inheritance or estate tax is worthwhile to consider to mitigate the risk of tax incompliance or implications. The more complex muslim estate planning strategy is required if you have large assets, businesses in more than one jurisdictions or countries. Wassiyyah offers many free and premium resources for your learning. You may consider joining the Academy Al-Mawareeth course to further expand your knowledge in Islamic inheritance and estate planning. We encourage you to read our book , which includes exclusive details about Islamic inheritance sharers, shares, residuary, and distant kindred relatives. Please receive your Free "Beginner's guide to Islamic estate planning " with a free sign-up. Please feel free to drop your FEEDBACK on Wassiyyah for this page or overall experience. START YOUR COURSE