Il’mu-l-FaraidIl’mu-l-Faraid

(KNOWLEDGE OF (KNOWLEDGE OF INHERITANCE) INHERITANCE)

FARAIDH:

LITERALLY MEANS SOMETHING WHICH HAS BEEN FIXED OR DETERMINED.

IT IS CALLED “FARAID” BECAUSE QUR’AN HAS FIXED THE SHARES OF DIFFERENT

HEIRS IN THE ESTATE OF THE DECEASED.

CONTENTSCONTENTSMEANING OF FARAIDHMEANING OF FARAIDHTERMINOLOGIESTERMINOLOGIESAUTHORITIESAUTHORITIESWEALTH INCLUDED IN INHERITANCEWEALTH INCLUDED IN INHERITANCEWHY YOU SHOULD WRITE YOUR WILLWHY YOU SHOULD WRITE YOUR WILL

FACTS YOU MUST BEAR IN MINDFACTS YOU MUST BEAR IN MINDSADAQAH WHILE ALIVESADAQAH WHILE ALIVEWEALTH EXCLUDED FROM INHERITANCEWEALTH EXCLUDED FROM INHERITANCEPRIOR RIGHTS BEFORE SHARINGPRIOR RIGHTS BEFORE SHARINGFACTORS DEPRIVING HEIRSFACTORS DEPRIVING HEIRSFACTORS THAT DO NOT DEPRIVE HEIRSFACTORS THAT DO NOT DEPRIVE HEIRSHUJUB ( DEPRIVATION)HUJUB ( DEPRIVATION)RELATIVES WHO ARE NOT HEIRSRELATIVES WHO ARE NOT HEIRSTHE HEIRSTHE HEIRSZAWIL FOROODZAWIL FOROODASABATASABATSTATEMENT OF ASSETS & LIABILITIES AT DEATHSTATEMENT OF ASSETS & LIABILITIES AT DEATHEXAMPLESEXAMPLESFINAL REMARKSFINAL REMARKS

TERMINOLOGIESTERMINOLOGIES

»MARADUL MAOT: THE LAST ILLNESS IN WHICH DEATH OCCURS.»MAYYIT: THE DECEASED

»MURITH: THE DECEASED WHOSE ESTATE IS TO BE INHERITED. »MEERATH: INHERITANCE

»WASSIYYAH: BEQUEST»JANAZAH: BURIAL

»ZAWUL FUROOD: HEIRS WITH FIXED SHARES»ASABAT NASABIYYAH: HEIRS ENTITLED TO THE RESIDUE (BALANCE)

»ASABAT SABABIYYAH: EMANCIPATORS OF SLAVES.»ZAWUL-ARHAM:RELATIVES WHO ARE NOT ZAWIL FUROODH OR ASABAT.

»HAQEEQI BROTHERS / SISTERS: TRUE OR FULL BROTHERS / SISTERS.»AL-LATI BROTHERS / SISTERS: SAME FATHER DIFFERENT MOTHERS»AKHYAFI BROTHERS / SISTERS: SAME MOTHER DIFFERENT FATHERS

»HUJUB : DEPRIVATION»RADD: REDISTRIBUTION TO THE ZAWIL FUROOD

» AUL: REDUCTION OF SHARES»BAITUL MAL: ISLAMIC TREASURY

AUTHORITIESAUTHORITIESQUR’AN 4:11-12

QUR’AN 4: 176

HADITH: “I SHALL BE TAKEN AWAY. LEARN FARAIDH AND TEACH IT (TO OTHERS). THE TIME IS NEAR FOR THE DOOR OF WAHI TO BE CLOSED. THE TIME FOR THE DISAPPEARANCE OF KNOWLEDGE WILL DOWN WHEN TWO PERSONS WILL DISPUTE REGARDING A NECESSARY MAS’ALAH ( DEENI QUESTION) AND THEY WILL FIND NO ONE TO DECIDE THE DISPUTE.

HADITH:” O PEOPLE! LEARN FARAIDH. IT IS HALF OF KNOWLEDGE.

UMAR (RTA) SAYS :O PEOPLE! LEARN FARAIDH WITH THE SAME CONERN AND EFFORTS

WITH WHICH YOU LEARN THE QUR’AN.

WEALTH INCLUDED IN WEALTH INCLUDED IN INHERITANCEINHERITANCE

1-ALL PHYSICAL ASSETS OF THE MAYYIT NOT ENCUMBERED

2-RIGHTS: PATENT/COPYRIGHT/TENANCY

3 -DEBTS OWED TO THE MAYYIT

4-WEALTH SET ASIDE FOR A PARTICULAR PERIOD OR SPECIFIC PERSON NOT YET ALIENATED. E.G. MONEY SET ASIDE FOR HAJJ, BUILDING A MASJID OR MADRASAH.

WHY YOU SHOULD WRITE YOUR WILL WITHOUT FURTHER DELAY!!!WHY YOU SHOULD WRITE YOUR WILL WITHOUT FURTHER DELAY!!!    I)                   It is made obligatory by Allah on every Muslim.I)                   It is made obligatory by Allah on every Muslim.  II)                 It is enjoined by the Sunnah of Rasulu lahII)                 It is enjoined by the Sunnah of Rasulu lah  III)               It ensures that your survivors mourn and bury you the way you choose.III)               It ensures that your survivors mourn and bury you the way you choose.  IV)              It provides a complete inventory, location and identities of your assetsIV)              It provides a complete inventory, location and identities of your assets  V)                It confirms and identifies other people’s properties in your possessionV)                It confirms and identifies other people’s properties in your possession  V1) V1) It chronicles your liabilities and debts to third parties. These must be settled It chronicles your liabilities and debts to third parties. These must be settled before distribution to the Zawil fouroud and the Asabat. Note, that unsettled before distribution to the Zawil fouroud and the Asabat. Note, that unsettled

debts can prevent the Mayyit from going to paradisedebts can prevent the Mayyit from going to paradise!!

  V11)    It clarifies relationships between you and your business partners. V11)    It clarifies relationships between you and your business partners. 

V1V1II)   It clears any doubt on your intentions yet to be actualized or II)   It clears any doubt on your intentions yet to be actualized or concluded.concluded.  1X1X)   It enables you provide for trusted workers, supportive friends and other )   It enables you provide for trusted workers, supportive friends and other people who may not have benefited ordinarily from your estate by law.people who may not have benefited ordinarily from your estate by law.  XX)   It affords you an opportunity to make amends in your relationships with )   It affords you an opportunity to make amends in your relationships with your kith & kin whom you have sidelined from benefiting in your wealthyour kith & kin whom you have sidelined from benefiting in your wealth  X1X1)     It affords the final opportunity to advise heirs on Imaan, acts of )     It affords the final opportunity to advise heirs on Imaan, acts of Ibaadah and good conduct; and to seek pardon from those you have Ibaadah and good conduct; and to seek pardon from those you have offended.offended.  X11X11)   It forestalls rancor among your heirs, relations and business partners.)   It forestalls rancor among your heirs, relations and business partners.  XXII1)   It gives you the opportunity to assign responsibilities to those you II1)   It gives you the opportunity to assign responsibilities to those you trust.trust.

  X1V)X1V)Compliance earns you the raamah of Allah and forgiveness of your sinCompliance earns you the raamah of Allah and forgiveness of your sin..

FACTS YOU MUST BEAR IN MIND AT ALL TIMES FACTS YOU MUST BEAR IN MIND AT ALL TIMES BASED ON ALQUR’AN & HADITHBASED ON ALQUR’AN & HADITH  YOUR WEALTH SHOULD BE ACQUIRED THROUGH YOUR WEALTH SHOULD BE ACQUIRED THROUGH HALAL SOURCESHALAL SOURCES  It carries no reward when you spend haram resources to It carries no reward when you spend haram resources to provide charity! However, it is still better to dispose such provide charity! However, it is still better to dispose such wealth in charity rather than hoarding them, lest they wealth in charity rather than hoarding them, lest they constitute burden on your soul in qiyyaommah! Indeed, why constitute burden on your soul in qiyyaommah! Indeed, why are you acquiring wealth through haram sources when you are you acquiring wealth through haram sources when you will leave them behind for other people to squander after your will leave them behind for other people to squander after your deathdeath??

  

IT IS MORE REWARDING TO GIVE IT IS MORE REWARDING TO GIVE SADAQAH WHEN YOURSADAQAH WHEN YOUR passion for acquisition of wealth is high, passion for acquisition of wealth is high, fear of poverty is high and fear of poverty is high and demand for worldly luxury is at peak demand for worldly luxury is at peak   RATHER THAN WHEN RATHER THAN WHEN   death is approachingdeath is approaching when when you are critically ill you are critically ill when you have lost interest and passion for wealth when you have lost interest and passion for wealth the heirs are waiting to take over the wealth from the heirs are waiting to take over the wealth from youyou!!

THE (3) CONTENDERS FOR YOUR WEALTH AT THE (3) CONTENDERS FOR YOUR WEALTH AT ANY POINT ARE:ANY POINT ARE:   DESTINYDESTINY that will take its share without your consent that will take its share without your consent

YOUR HEIRSYOUR HEIRS that are waiting for you to die and take over that are waiting for you to die and take over  YOUR OWN SELFYOUR OWN SELF; the food you eat, the cloth you wear ; the food you eat, the cloth you wear

and and the sadaqqah being credited to your account in jannah the sadaqqah being credited to your account in jannah  The Prophet advised you should try and maximize your own The Prophet advised you should try and maximize your own share by giving a lot in sadaqqah so that you can have share by giving a lot in sadaqqah so that you can have sufficient credit in your heavenly account to meet your needssufficient credit in your heavenly account to meet your needs..

YOU HAVE THREE BROTHERS WHO ARE YOU HAVE THREE BROTHERS WHO ARE CONTENDING FOR YOUR ATTENTION; CONTENDING FOR YOUR ATTENTION; CHOOSE THE ONE THAT SUITS YOU MOST:CHOOSE THE ONE THAT SUITS YOU MOST:

YOUR HEIRSYOUR HEIRS : ready to take care of you only till the point : ready to take care of you only till the point of death and leave you alone in your grave to sort out of death and leave you alone in your grave to sort out yourself with the angels of reckoning.yourself with the angels of reckoning. YOUR WEALTHYOUR WEALTH that would turn to serve someone else that would turn to serve someone else once you die, even, your enemyonce you die, even, your enemy YOUR GOOD WORKSYOUR GOOD WORKS that abide by you throughout life, that abide by you throughout life, in the grave and on the day of qiyyaommahin the grave and on the day of qiyyaommah..

11--WEALTH ACQUIRED BY HARAM MEANSWEALTH ACQUIRED BY HARAM MEANS

2-COL LATERALS GIVEN TO THE MAYYIT FOR DEBT OWED 2-COL LATERALS GIVEN TO THE MAYYIT FOR DEBT OWED TO HIM ( UNLESS DEBTOR SURRENDERS IT IN SETTLEMENT TO HIM ( UNLESS DEBTOR SURRENDERS IT IN SETTLEMENT OF DEBT OWED TO THE MAYYIT.OF DEBT OWED TO THE MAYYIT.

3- COLLATERALS GIVEN TO A CREDITOR BY THE MAYYIT 3- COLLATERALS GIVEN TO A CREDITOR BY THE MAYYIT UNLESS THE DEBT IS PAID OR FORGIVEN BY CREDITORUNLESS THE DEBT IS PAID OR FORGIVEN BY CREDITOR

4-INSURANCE OR ENDOWMENT POLICIES THAT ARE 4-INSURANCE OR ENDOWMENT POLICIES THAT ARE CATEGORIZED AS RIBA (USURY)CATEGORIZED AS RIBA (USURY)..

WEALTH EXCLUDED FROM INHERITANCEWEALTH EXCLUDED FROM INHERITANCE

PRIOR RIGHTS BEFORE PRIOR RIGHTS BEFORE SHARINGSHARING

1-BURIAL EXPENSES) IN A MODERATE & REASONABLE MANNER(.

PLEASE NOTE THAT THE ASSETS LEFT BEHIND BY THE MAYYIT BELONG TO HIS HEIRS AND THEREFORE CANNOT BE USED ANYHOW WITHOUT THEIR CONSENT. EXPENSIVE SHROUD, COFFIN AND FEEDING OF GUESTS ARE NOT TO BE TAKEN FROM THE ESTATE OF THE MAYYIT. NEVERTHELESS, IT IS NOT SUNNATIC TO WASTE EVEN THE HEIRS’ OWN MONEY ON EXTRAVAGANT AND HARAM BURIAL EXPENSES

2-DEBTS: CONFIRMED BY A STATEMENT OF A MAN WRITTEN OR ORALLY MADE

BEFORE MARADUL MAOT OR BY TESTIMONY OF WITNESSES, OR WHICH IS COMMON KNOWLEDGE.

NOTE OF CAUTION: HOWEVER WE ARE SERIOUSLY WARNED AGAINST INCURING DEBTS

UNNECESSARILLY. ACCORDING TO A HADITH, THE ROOH OF THE MU’MIN IS PREVENTED FROM ENTERING JANNAH AS LONG AS HIS CREDITORS HAVE NOT BEEN SATISFIED. DETAILS OF DEBTS SHOULD FORM PART OF OUR BEQUESTS.

33--BEQUESTS. (PRIOR RIGHTS BEQUESTS. (PRIOR RIGHTS CONTD)CONTD)

•THERE ARE 3 TYPES OF WASSIYYAH :

•)a (WAJIB WASSIYYAH ( COMPULSORY)

THIS INCLUDES:

)1(RIGHTS OF ALLAH SUCH ASOUTSTANDING ZAKAT ,

OUTSTANDING FITRAH UNFULFILED QUR’BANI ,

KAFFARAH AND FIDYAH FOR SALAT AND SAUM WHICH COULD NOT BE EXECUTED DUE TO

EXTREME OLD-AGE OR ILLNESS..

)11 (RIGHTS OF FELLOW HUMAN BEINGUSURPED PROPERTIES.

DEBTS INCURED. MISSAPROPRIATED WEALTH

)111 (RIGHTS OF PERSONAL HONOUR SUCH AS ABUSE OF INNOCENT PERSON, BACKBITING ETC.

((bb ) )MUSTAHAB WASSIYYAHMUSTAHAB WASSIYYAH

)b (MUSTAHAB WASSIYYAH (PREFERABLE) SUCH AS:

»INSTRUCTION THAT DICTATES OF SHARIAH SHOULD BE FOLLOWED IN THE BURIAH RIGHTS.

»THE MAYYIT CAN BEQUEST 1/3 OF HIS WEALTH FOR CHARITY PURPOSE.

»INSTRUCTIONS THAT ARE BENEFICIAL TO THE HEIRS.THIS SHOULD INCLUDE: FEAR OF ALLAH.

ADHERENCE STRICTLY TO THE DICTATES OF ALLAH & TEACHINGS OF THE PROPHET )saw(

ADVICE TO BE OF EXEMPLARY MANNERS AND BEHAVIOUR. SUCH AS PRUDENCE, HUMILITY, GENEROUSITY ETC.

©JAIZ WASSIYYAH (PERMISSIBLE): APPOINTING CERTAIN PERSON TO CONDUCT ONES JANAZAH PRAYER.

)d (HARAM WASSIYYAH (UNLAWFUL): INSTRUCTION TO TAKE ONE’S CORPSE TO ANOTHER TOWN, CELEBRATION & MERRY MAKING AND OTHER HARAM ACTS.

FACTORS THAT CAN DEPRIVE FACTORS THAT CAN DEPRIVE HEIRS OF INHERITANCEHEIRS OF INHERITANCE

1-KILLING THE MURITH (THE ONE WHOSE ESTATE IS TO BE INHERITED) EXECPT THE HEIR IS AN INSANE, A MINOR OR KILLED IN SELF DEFENCE. ALSO, THE HEIR IS AN EXECUTIONER IN AN ISLAMIC STATE AND IS ORDERED TO EXECUTE HIS MURITH, HE WOULD NOT BE DEPRIVED.

2-DIFFERENCE OF RELIGION

3-SLAVERY- a slave does not inherit his master

4 -SIMULTANEOUS DEATH: SUCH AS IN PLANE CRASH, SHIP-WRECK, FIRE ETC. AND THERE IS NO KNOWLEDGE OF WHO DIED FIRST.

5 -NUBUWWAT (PROPHETHOD)

FACTORS WHICH DO NOT FACTORS WHICH DO NOT DEPRIVE HEIR OF THEIR DEPRIVE HEIR OF THEIR INHERITANCEINHERITANCE..

MARRIAGE OF A WIDOW

DISOBEDIENCE OF A CHILD

INFANCY.(EVEN THE UNBORN CHILD IN THE WOMB WILL INHERIT)

HUJUB (DEPRIVATION)HUJUB (DEPRIVATION)

THERE ARE TWO TYPES:

HUJUB NUQSAN: PARTIAL E.G. THE MOTHER’S SHARE IS REDUCED FROM 1/3 TO1/6 IF THE MAYYIT HAS A SURVIVING SON .

HUJUB HIRMAN: TOTAL DEPRIVATION. E.G. THE EXISTENCE OF A SON DEPRIVE GRANDSON OF INHERITANCE COMPLETELY. ALSO, THE EXISTENCE OF A FATHER DEPRIVES A GRANDFATHER FROM INHERITING IN THE ESTATE OF HIS GRANDSON

RELATIVES WHO ARE NOT HEIRSRELATIVES WHO ARE NOT HEIRS

THEY CAN ONLY INHERIT BY WASSIYYAH .

THESE ARE:

STEPMOTHERS / STEPFATHERS AND THEIR STEPCHILDREN.

CHILDREN FROM ZINA (ADULTERY). SUCH CHILDREN CAN ONLY INHERIT THEIR MOTHER.

ADOPTED CHILDREN

THE HEIRSTHE HEIRS

THEY ARE AS FOLLOWS IN ORDER OF PRIORITY:

1-ZAWUL FUROOD: HEIRS WITH FIXED SHARES.

2 -ASABAT NASABIYYAH: HEIRS ENTITLED TO THE RESIDUE (BALANCE).

3 -ASABAT SABABIYYAH: EMANCIPATORS OF SLAVES.

4-RADD : REDISTRIBUTION TO THE ZAWIL FUROODH

5 -ZAWIL ARHAM: SUCH RELATIVES WHO ARE NOT MEMBES OF CLASS (1) AND (2) ABOVE. E.G .

SON’S DAUGHTERS OR DAUGHTER’S SON ETC.

6 -MAULA MUWALAT: HEIRS BY A CONTRACT OF FRIENDSHIP.

7 -MUQAR LAHU BIN NASAB ALAL GHAIR: AN ACKNWOLEDGED RELATIVE.

8 -MUSA LAHU BI-JAMI-IL MAL: BENEFICIARY BY BEQUEST OF THE ENTIRE ESTATE.

9 -BAITUL MAL: ISLAMIC STATE TREASURY.

ZAWIL FOUROUD:ZAWIL FOUROUD: Inheritors with Fixed Shares Inheritors with Fixed Shares

FATHER PATERNAL GRANDFATHERFATHER PATERNAL GRANDFATHER

KHAYAFI BROTHER HUSBANDKHAYAFI BROTHER HUSBAND

WIFE MOTHER PATERNAL GRANDMOTHER WIFE MOTHER PATERNAL GRANDMOTHER

MATERNAL GRANDMOTHERMATERNAL GRANDMOTHER DAUGHTER SON’S DAUGHTER DAUGHTER SON’S DAUGHTER HAQEEQI SISTER ALAATI SISTER KHAYAFI SISTERHAQEEQI SISTER ALAATI SISTER KHAYAFI SISTER

ZAWUL FUROODHZAWUL FUROODHHEIRS WITH FIXED SHARES INCLUDE:

)A (THE MALES: FATHER, PATERNAL GRANDFATHER, AKHYAFI BROTHERS AND HUSBAND.

)B (THE FEMALES:WIFE, MOTHER, DAUGHTER, SON’S DAUGHTER, HAQEEQI SISTER, ALLATI SISTER, AKYAFI SISTER, PATERNAL GRANDMOTHER AND MATERNAL GRANDMOTHER.

1 -FATHERHIS SHARE IS NEVER LEASS THAN 1/6 OF THE ESTATE. HE HAS THREE

STATES:)a (1/6 OF THE ESTATE WHEN THE MAYYIT IS ALSO SURVIVED BY A SON

OR GRANDSON OR LOWER.)b (1/6 AND REMANING BALANCE OF ESTATE IF THE MAYYIT LEFT NO

SON OR GRANDSON. ©ONLY ASABAT: THE FATHER COLLECTS THE BALANCE IF THE

MAYYIT LEFT NO SON NOR DAUGHTER .

((22 ) )PATERNAL GRANDFATHER PATERNAL GRANDFATHER & AKHYAFI BROTHER’S SHARE& AKHYAFI BROTHER’S SHARE

PATERNAL GRANDFATHERHE ONLY INHERT IN THE ABSENCE OF FATHER. HIS SHARES

ARE EXACTLY SAME AS THAT OF FATHER.

)3 (AKYAFI BROTHERS (SAME MOTHER BUT DIFFERENT FATHERS)

THERE ARE THREE STATES)a (1/6 IF THERE IS ONLY ONE AKYAFI BROTHER OR SISTER.

)b (WHEN MORE THAN ONE THEY JOINTLY INHERIT 1/3 WHICH THEY WILL SHARE EQUALLY AMONG THEMSELVES.

©DEPRIVED: IF THE MAYYIT IS SURVIVED BY ANY OF THE FOLLOWING: SON, GRANDSON, DAUGHTER, SON’S DAUGHTER, FATHER AND PATERNAL GRANDFATHER.

((33 ) )HUSBAND, WIFE, MOTHER’S HUSBAND, WIFE, MOTHER’S SHARESSHARES

THE HUSBAND HAS TWO STATES:)a ½ (OF THE ESTATE IF THE DECEASED LEFT NO CHILD OR GRANDCHILD.

)b ¼ (IF THE DECEASED IS SURVIVED BY CHILDREN OR GRANDCHILDREN.

)4 (WIFEALSO HAS TWO STATES

)a ¼ (OF THE ESTATE IF THE DECEASED LEFT NO CHILD OR GRAND CHILD.

)b (1/8 OF THE ESTATE IF THE HUSBAND LEFT CHILDEN OR GRAND CHILDREN.

)5 (MOTHERSHE HAS THREE STATES:

)a (1/6 OF THE ESTATE IF THE MAYYIT HAS CHILDREN OR GRAND CHILDREN. OR THE MAYYIT HAS MORE THAN ONE BROTHER OR SISTER OF ANY KIND.

)b (1/3 OF THE BALANCE IF THE DECEASED IS SURVIVED BY WIFE OR HUSBAND AND PARENT. NO CHILD. SHE TAKES 1/3 OF THE BALANCE AFTER DEDUCTING THE WIFE / HUSBAND’S SHARE.

©1/3 OF THE WHOLE ESTATE IF THE MAYYIT LEFT NONE OF THE RELATIVES MENTIONED ABOVE IN NO 1 AND 2.

((44 ) )DAUGHTERS & GRAND DAUGHTERS & GRAND DAUGHTERS’ SHARESDAUGHTERS’ SHARES

DAUGHTERS HAVE 3 STATES:

)a (HALF: IF THE MAYYIT LEFT NO SON.

)b (2/3 IF THERE ARE 2OR MORE DAUGHTERS AND NO SON.

©ASABAT: IF THE MAYYIT LEFT SONS TOO. IN THAT WISE, EACH DAUGHTER TAKES HALF THE SHARE OF A SON.

)4A (GRAND DAUGHTERS: THIS INCLUDES SON’S DAUGHTERS OR SON’S SON’S DAUGHTERS NO MATTER HOW LOW. THEY HAVE FIVE STATES:

)a ½ (IF THE MAYYIT LEFT ONLY ONE GRAND DAUGHTR AND NO CHILDREN.

)b (2/3 IN THE ABSENCE OF CHILDREN. TWO OR MORE GRAND DAUGHTERS JOINTLY INHERIT 2/3 TO BE SHARED EQUALLY.

©1/6 IF THERE IS A DAUGHTER AND ONE OR MORE GRAND DAUGHTERS.

)d (DEPRIVED IF THE MAYYIT LEFT A SON OR TWO OR MORE DAUGHTERS.

)e (ASABAT: IF THERE IS NO CHILDREN BUT THERE IS GRAND SON AND GRAND DAUGHTER.EACH GAND DAUGHTER TAKES HALF THE SHARE OF GRANDSON.

((55 ) )HAQEEQI SISTERS (TRUE OR HAQEEQI SISTERS (TRUE OR FULL SISTERS)FULL SISTERS)

THEY HAVE FIVE STATES:)a (HALF: IF THE MAYYIT LEFT ONE SISTER AND NO CHILDREN OR

GRAND CHILDREN.

)b (2/3: IF THERE ARE TWO OR MORE SISTERS AND NO CHILDREN OR GRAND CHILDREN.

©ASABAT: IF THE MAYYIT LEFT HAQEEQI BROTHERS AND SISTERS. A SISTER RECEIVES ½ THE AMOUNT A BROTHER’S SHARE.

)d (ASABAT: IF THE MAYYIT LEFT DAUGHTERS OR GRAND DAUGHTERS. THE SISTERS CLAIM THE BALANCE OF THE ESTATE WITH DAUGHTERS. THEY SHARE IT EQUALLY.

)e (DEPRIVED: WITH THE EXISTENCE OF THE FOLLOWING: FATHER, PATERNAL GRAND FATHER, SON OR GRAND SON .

((66 ) )AL-LATI SISTERS (SAME AL-LATI SISTERS (SAME FATHER, DIFFERENT FATHER, DIFFERENT MOTHERS)MOTHERS)

THEY HAVE 7 STSTES:)1 (HALF: IF THE MAYYIT LEFT ONE ALATI SISITER.

)2 (2/3 IF THEY ARE TWO OR MORE.

)3(1/6 :IF THERE ONE HAQEEQI SISTER. ALLATI SISTERS TAKE 1/6.

)4 (DEPRIVED: IF THE MAYYIT HAS 2 OR MORE HAQEEQI SISTERS.

)5 (ASABAT: IF THE MAYYIT HAS ALLATI BROTHERS . THEN, A SISTER TAKES HALF THE SHARE OF ALLATI BROTHER.

)6 (ASABAT: IF THE MAYYIT HAS DAUGHTERS OR GRAND DAUGHTERS.ALLATI SISTERS TAKE THE BALANCE WITH THEM TO BE SHARED EQUALLY.

)7 (DEPRIVD IF THE MAYYIT LEFT A SON OR GRAND SON, FATHER OR GRAND FATHERS.

(AKHYAFI SISTERS (SAME MOTHER, DIFFERENT FATHERS)SAME AS AKHYAFI BROTHERS EARLER DISCUSSED.

GRAND MOTHERGRAND MOTHERTHERE ARE TWO KINDS OF GRAND MOTHERS: PATERNAL & MATERNAL

GRANDMOTHERS.THERE ARE CONDITIONS GOVENING THEIR INHERITANCE:

1 -THEY SHOULD BE SAHEEHAT (PROPER)- THESE ARE GRAND MOTHER IN WHOSE RELATIONSHIP TO THE MAYYIT THERE IS NO MATERNAL GRAND FATHER e.g. FATHER’S MOTHER, PATERNAL GRANDFATHER’S MOTHER, PATERNAL GRANDMOTHER’S MOTHER, MOTHER’S MOTHER, MATERNAL GRANDMOTHER’S MOTHER.

2 -THE CLOSER GRANDMOTHER TO THE MAYYIT WILL DEPRIVE OTHERS.

THE FOLLOWING ARE THE STATES OF THE GRAND MOTHERS)a (1/6: IF THE MAYYIT LEFT SAHEEHAT GRAND MOTHERS, THEY

JOINTLY INHERIT 1/6 OF THE ESTATE.

)b (DEPRIVED: IF THE MAYYIT LEFT A MOTHER OR FATHER .

ASABAT : RESIDUAL HEIRSASABAT : RESIDUAL HEIRSAASABAT NASABIYYAHSABAT NASABIYYAHCLASS 1 SON, GRANDSON, GREAT GRANDSONCLASS 1 SON, GRANDSON, GREAT GRANDSONCLASS11 FATHER, GRAND FATHER, GRT. G/FATHERCLASS11 FATHER, GRAND FATHER, GRT. G/FATHERCLASS 111 BROTHER, BROTHER’S SONS, BRODRS’ CLASS 111 BROTHER, BROTHER’S SONS, BRODRS’ G/SONSG/SONSCLASS 1V FATHER’S BROTHERS, THEIR SONS/ GRD SONSCLASS 1V FATHER’S BROTHERS, THEIR SONS/ GRD SONS

AASABAT BI GAHERIHISABAT BI GAHERIHIFEMALE CONVERTED TO ASABAT ALONG WITH FEMALE CONVERTED TO ASABAT ALONG WITH THEIR BROTHERS INSTEAD OF REMAINING AS THEIR BROTHERS INSTEAD OF REMAINING AS ZAWIL FOUROOD. THOSE AFFECTED INCLUDE:ZAWIL FOUROOD. THOSE AFFECTED INCLUDE:

DAUGHTER ( IF THERE IS A SON) DAUGHTER ( IF THERE IS A SON) SON’S DAUGHTER( IF THERE IS A GRANDSON) SON’S DAUGHTER( IF THERE IS A GRANDSON)HAQEEQI SISTER ( IF THERE IS HAQEEQI BROTHER)HAQEEQI SISTER ( IF THERE IS HAQEEQI BROTHER)ALAATI SISTER (IF THERE IS ALAATI BROTHER)ALAATI SISTER (IF THERE IS ALAATI BROTHER)

ASABA MAA GHAERIHIASABA MAA GHAERIHIFEMALE WHO BECOME ASABAT IN THE PRESENCE FEMALE WHO BECOME ASABAT IN THE PRESENCE OF OTHER FEMALES. THESE INCLUDE:OF OTHER FEMALES. THESE INCLUDE:

HAQEEQI SISTERHAQEEQI SISTERALAATI SISTER (IN THE ABSENCE OF HAQEEQI SISTER.ALAATI SISTER (IN THE ABSENCE OF HAQEEQI SISTER.( THE ABOVE CONVERT FROM ZAWIL FOUROOD INTO ( THE ABOVE CONVERT FROM ZAWIL FOUROOD INTO ASABAT WHEN THE MAYYIT HAS NO SON OR ANY ASABAT WHEN THE MAYYIT HAS NO SON OR ANY OTHER MALE ASABAT BUT ONLY DAUGHTEROTHER MALE ASABAT BUT ONLY DAUGHTER

ASABAT SABABIYYAHASABAT SABABIYYAHMASTERS OF A SLAVE. IF THE EMANCIPATED SLAVE MASTERS OF A SLAVE. IF THE EMANCIPATED SLAVE HAS NO HEIR, THEN HIS MASTER WILL INHERITHAS NO HEIR, THEN HIS MASTER WILL INHERIT..

STATEMENT OF ASSETS & LIABILITIES AT DEATHSTATEMENT OF ASSETS & LIABILITIES AT DEATH N NFamily dwelling house in Surulere 5,000,000Family dwelling house in Surulere 5,000,000Private Bungalow at Jakande Estate 3,000,000Private Bungalow at Jakande Estate 3,000,000Twin Duplex in Festac Town 18,000,000Twin Duplex in Festac Town 18,000,000Shares in various companies 4,000,000Shares in various companies 4,000,000Cash at bank 500,000Cash at bank 500,000Cars (2 nos) at valuation 2,200,000Cars (2 nos) at valuation 2,200,000Household Furniture & Equipment 3,000,000Household Furniture & Equipment 3,000,000Generating Sets 1,000,000Generating Sets 1,000,000Gratuity due from Employers 4,000,000Gratuity due from Employers 4,000,000TOTAL ASSETS TOTAL ASSETS 32,000,00032,000,000LESS: Outstanding Bank Overdraft 2,000,000LESS: Outstanding Bank Overdraft 2,000,000NET ASSETS DISTRIBUTABLE NET ASSETS DISTRIBUTABLE 30,000,00030,000,000

EXAMPLES:EXAMPLES:1) 1) MAYYIT LEFT THE FOLLOWING HEIRS:MAYYIT LEFT THE FOLLOWING HEIRS:

RELATIVES SHARES COMMON DENOMINATORRELATIVES SHARES COMMON DENOMINATORWIFE 1/8 = 3/24WIFE 1/8 = 3/24MOTHER 1/6 = 4/24MOTHER 1/6 = 4/246 SONS BALANCE OF THE ESTATE = 17/246 SONS BALANCE OF THE ESTATE = 17/244 DAUGHTERS4 DAUGHTERS

The balance of 17/24 to be divided into 16 parts. Each son The balance of 17/24 to be divided into 16 parts. Each son receives 2 parts and each daughter one.receives 2 parts and each daughter one.

BROTHER **BROTHER **2 PATERNAL COUSINS **2 PATERNAL COUSINS **

PATERNAL UNCLEPATERNAL UNCLE ** **

22)) RELATIVES SHARES COMMON DENOMINATORRELATIVES SHARES COMMON DENOMINATOR

WIFE 1/8 = 3/24WIFE 1/8 = 3/24MOTHER 1/6 = 4/24MOTHER 1/6 = 4/243 SONS (Balance of = 17/ 243 SONS (Balance of = 17/ 244 DAUGHTER (Divided in to 10 shares. Each son 2 each 4 DAUGHTER (Divided in to 10 shares. Each son 2 each daughter 1)daughter 1)

2 SISTERS ***2 SISTERS ***1 BROTHER ***1 BROTHER ***1 PATERNAL GRANDMOTHER ***1 PATERNAL GRANDMOTHER ***

3 MATERNAL UNCLES3 MATERNAL UNCLES*** ***

33 ) )RELATIVES SHARES C. DENOMINATORRELATIVES SHARES C. DENOMINATOR

HUSBAND ¼ = 3/12HUSBAND ¼ = 3/12FATHER 1/6 = 2/12FATHER 1/6 = 2/123 SONS (Balance to be shared equally) = 7/123 SONS (Balance to be shared equally) = 7/12

44 ) )RELATIVES SHARES C. DENOMINATORRELATIVES SHARES C. DENOMINATOR

HUSBAND ¼ = 3/12HUSBAND ¼ = 3/122 GRAND SONS ***2 GRAND SONS ***1 DAUGHTER ½ = 6/121 DAUGHTER ½ = 6/12MOTHER 1/6 = 2/12MOTHER 1/6 = 2/12FATHER 1/6 = 2/12FATHER 1/6 = 2/122 AKHYAFI SISTERS *** 2 AKHYAFI SISTERS ***

The sum of the fractions = 3/12+6/12 +2/12+2/12 =13/12The sum of the fractions = 3/12+6/12 +2/12+2/12 =13/12Thus the principle of Aul (Decreasing the shares) applies. Thus the principle of Aul (Decreasing the shares) applies. Instead of twelfth, the estate will be divided into 13 parts and Instead of twelfth, the estate will be divided into 13 parts and the final distribution will be:the final distribution will be:

Husband:3/13, Daughter: 6/13, Mother: 2/13, Father: 2/13Husband:3/13, Daughter: 6/13, Mother: 2/13, Father: 2/13..

FINAL REMARKSFINAL REMARKS  ALWAYS REMEMBER THAT THE ASSETS YOU LEFT ALWAYS REMEMBER THAT THE ASSETS YOU LEFT BEHIND AT THE POINT OF DEATH BELONG BEHIND AT THE POINT OF DEATH BELONG ENTIRELY TO YOUR HEIRS. EXCEPT FOR THE 1/3 ENTIRELY TO YOUR HEIRS. EXCEPT FOR THE 1/3 OF WHICH YOU ARE EMPOWERED UNDER THE OF WHICH YOU ARE EMPOWERED UNDER THE SHARIA TO GIVE OR APPROPRIATE TO SHARIA TO GIVE OR APPROPRIATE TO WHOMEVER YOU SO DESIRE, ALL THE REST WHOMEVER YOU SO DESIRE, ALL THE REST BELONGS TO YOUR HEIRS. YOU CANNOT BELONGS TO YOUR HEIRS. YOU CANNOT THEREFORE HOLD THEM LIABLE FOR WHATEVER THEREFORE HOLD THEM LIABLE FOR WHATEVER THEY DO WITH THE ASSETS AFTER YOUR DEATH. THEY DO WITH THE ASSETS AFTER YOUR DEATH. INSERTING FUNNY CLAUSES IN YOUR WILL SUCH INSERTING FUNNY CLAUSES IN YOUR WILL SUCH AS AS “YOU CANNOT SELL THIS HOUSE UNTIL “YOU CANNOT SELL THIS HOUSE UNTIL AFTER 10 YEARS”AFTER 10 YEARS” IS A STATEMENT MADE OUT IS A STATEMENT MADE OUT OF IGNORANCE OF THE PROVISIONS OF SHARIA. OF IGNORANCE OF THE PROVISIONS OF SHARIA. THE ASSETS ARE NO LONGER YOURS!!! THIS IS THE ASSETS ARE NO LONGER YOURS!!! THIS IS WHY IT IS BETTER THAT YOU HEED THE ADVICE WHY IT IS BETTER THAT YOU HEED THE ADVICE OF ROSULULAHI (SALALAHU ALAEI WASALAM) BY OF ROSULULAHI (SALALAHU ALAEI WASALAM) BY GIVING OUT ROUTINELY, AS MUCH OF YOUR GIVING OUT ROUTINELY, AS MUCH OF YOUR WEALTH IN SADAQQAH FOR THE BENEFIT OF WEALTH IN SADAQQAH FOR THE BENEFIT OF YOUR SOUL IN Al- JJANNAH RATHER THAN YOUR SOUL IN Al- JJANNAH RATHER THAN HOLDING ON TO THEM FOR THE COMING HOLDING ON TO THEM FOR THE COMING GENERATIONS YOU CANNOT PREDICT THEIR GENERATIONS YOU CANNOT PREDICT THEIR DISPOSITION TOWARDS SHARIA OR YOUR WISHDISPOSITION TOWARDS SHARIA OR YOUR WISH..

  

  START TO PUT DOWN YOUR THOUGHTS TODAY START TO PUT DOWN YOUR THOUGHTS TODAY IN PREPARATION FOR WRITING YOUR IN PREPARATION FOR WRITING YOUR WASSIYYAH. YOU CANNOT PREDICT WHEN WASSIYYAH. YOU CANNOT PREDICT WHEN DEATH WILL CALL ON YOU; SO, DO NOT DIE DEATH WILL CALL ON YOU; SO, DO NOT DIE WITHOUT FULFILLING YOUR HEART’S DESIRE. WITHOUT FULFILLING YOUR HEART’S DESIRE. THE HEIRS ARE USUALLY NOT TOO KEEN IN THE HEIRS ARE USUALLY NOT TOO KEEN IN FULFILLING UNWRITTEN OR UNCONFIRMED FULFILLING UNWRITTEN OR UNCONFIRMED WISHES. HAVE YOU SEEN WHERE THE WISHES. HAVE YOU SEEN WHERE THE MERCEDEZ CAR OF A MAYYIT WAS DONATED TO MERCEDEZ CAR OF A MAYYIT WAS DONATED TO THE CHIEF IMAM OR TO THE MOSQUE FOR THE THE CHIEF IMAM OR TO THE MOSQUE FOR THE CAUSE OF DAWAH? NAY! RATHER PEOPLE WILL CAUSE OF DAWAH? NAY! RATHER PEOPLE WILL CONTEND AMONG THEMSELVES WHO SHOULD CONTEND AMONG THEMSELVES WHO SHOULD USE THE CAR OR HOW THE PROCEEDS OF THE USE THE CAR OR HOW THE PROCEEDS OF THE SALES WILL BE SHARED!!! IN SOME CASES SALES WILL BE SHARED!!! IN SOME CASES WHERE THE HEIRS ARE WELL TO DO, LACK OF WHERE THE HEIRS ARE WELL TO DO, LACK OF INTEREST IN THE DISTRIBUTION OF THE ESTATE INTEREST IN THE DISTRIBUTION OF THE ESTATE OR INDECISION MAY CAUSE MANY OF SUCH OR INDECISION MAY CAUSE MANY OF SUCH ASSETS TO DETERIORATE AND PUT OUT OF ASSETS TO DETERIORATE AND PUT OUT OF SERVICE AFTER A WHILE INADVERTENTLY!SERVICE AFTER A WHILE INADVERTENTLY!  THE WEALTH YOU POSSESS BELONG TO ALLAH THE WEALTH YOU POSSESS BELONG TO ALLAH DISPOSE IT IN HALAL WAY SO THAT YOU MAY DISPOSE IT IN HALAL WAY SO THAT YOU MAY FIND FAVOUR WITH YOUR LORD. WHICH OF THE FIND FAVOUR WITH YOUR LORD. WHICH OF THE

FAVOUR OF YOUR LORD WILL THOU DENYFAVOUR OF YOUR LORD WILL THOU DENY????

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