Principles of Islamic Inheritance

Principles of Islamic Inheritance is a key course in the Professional Certificate in Islamic Inheritance Law. This course covers the rules and regulations of inheritance in Islam, which is an essential aspect of Islamic jurisprudence. The following are some of the key terms and vocabulary that are crucial to understanding the principles of Islamic inheritance.

1. Inheritance (Mirath) Inheritance is the process of distributing the wealth and property of a deceased person among their heirs according to specific rules and regulations. In Islam, inheritance is a religious duty and an integral part of Islamic law. The distribution of inheritance is based on the Quran and Hadith, and it aims to ensure fairness and justice among the heirs. 2. Heirs (Asaba) Heirs are the people who are entitled to inherit the wealth and property of a deceased person. In Islamic law, heirs are divided into two categories: primary heirs (Asaba al-Awal) and secondary heirs (Asaba al-Thani). Primary heirs include close relatives such as spouses, parents, children, and siblings, while secondary heirs include more distant relatives such as uncles, aunts, and cousins. 3. Quranic Verses The Quran contains specific verses that outline the rules of inheritance. Some of the key verses include Surah An-Nisa (4:11-12), Surah Al-Baqarah (2:180), Surah Al-Maidah (5:106-108), and Surah An-Nisa (4:7). These verses provide detailed instructions on how to distribute the wealth and property of a deceased person among their heirs.

4. Hadith Hadith are the sayings and actions of the Prophet Muhammad (peace be upon him) that provide guidance and clarification on various aspects of Islamic law. In the context of Islamic inheritance, Hadith provide additional guidance on how to interpret and apply the Quranic verses on inheritance.

5. Share (Harth) A share is the portion of the inheritance that is allocated to a specific heir. In Islamic law, the shares are determined based on the Quranic verses and Hadith. The shares vary depending on the relationship between the heir and the deceased person.

6. Residuary (Muwarath) Residuary is the portion of the inheritance that is not allocated to specific heirs. Instead, it is distributed among the residuary heirs, who are the closest relatives of the deceased person. In Islamic law, the residuary is calculated after the specific shares have been allocated to the primary and secondary heirs.

7. Prohibited Degrees of Inheritance (Al-Dhawahir Al-Muharramah) In Islamic law, there are certain degrees of relationship that are prohibited from inheriting from each other. These prohibited degrees include a man inheriting from his wife, a woman inheriting from her husband, a man inheriting from his parents, and a woman inheriting from her children.

8. Kalalah Kalalah is a situation in which a person dies without any direct heirs, such as children or parents. In this case, the inheritance is distributed among the residuary heirs, who are the closest relatives of the deceased person.

9. Hilah Hilah is a legal strategy used to circumvent the rules of inheritance. In Islamic law, hilah is prohibited, and any inheritance that is obtained through hilah is considered invalid.

10. Faraid Faraid is the Arabic term for the rules of inheritance in Islamic law. It is derived from the word "farada," which means "to divide or distribute." Faraid provides detailed instructions on how to distribute the wealth and property of a deceased person among their heirs.

11. Wasiyyah Wasiyyah is the Arabic term for a will or testament. In Islamic law, a wasiyyah is a legal document that allows a person to distribute a portion of their wealth and property to specific heirs or charitable causes. However, the wasiyyah is subject to certain restrictions and conditions.

12. Intestacy Intestacy is the situation in which a person dies without leaving a will. In this case, the inheritance is distributed according to the rules of Islamic law, specifically the rules of faraid.

13. Escheat Escheat is the situation in which a person dies without any heirs, and their wealth and property is transferred to the state. In Islamic law, escheat is prohibited, and the wealth and property of a deceased person must be distributed among their relatives.

14. Inheritance Tax Inheritance tax is a tax that is imposed on the wealth and property that is inherited from a deceased person. In Islamic law, inheritance tax is not explicitly mentioned, but it is generally considered acceptable as long as it does not violate the principles of justice and fairness.

15. Forced Heirship Forced heirship is the concept that certain heirs have a legal right to a portion of the inheritance, regardless of the wishes of the deceased person. In Islamic law, forced heirship is an integral part of the faraid system, and it ensures that close relatives receive a fair share of the inheritance.

In conclusion, understanding the principles of Islamic inheritance is crucial for anyone who wants to learn about Islamic law and jurisprudence. The key terms and vocabulary outlined above provide a foundation for understanding the rules and regulations of inheritance in Islam. By applying these principles, Muslims can ensure that the wealth and property of their deceased relatives are distributed fairly and justly, according to the teachings of the Quran and Hadith.