Miscellaneous rules about inheritance

 In the Shariah, there are 4 rights on the wealth left by the deceased. 

 

1.  Burial expenses.

2.  Repaying of debts.  If the Mehr (alimony) of the wife has not been paid, then this also should be paid.

3.  If there is any will about a non-inheritor, then this will be fulfilled with 1/3rd of the wealth left by the deceased.

4.  Distributing the remaining wealth among the inheritors as per the guidelines of the Holy Quran and the Sunnah.

 

As given in Asa Siraji Fi Ilmil Faraaidh, Pg. No. 3 and 4.

 

First the burial expenses of the deceased should be borne here.  If somebody else has borne them, then they should be repaid to that person.  If the Mehr of the wife had not been given, then it should be paid.  If other debts are there, they should also be repaid.  If the deceased had bequeathed anything to a non-inheritor (somebody who is not among the inheritors of the wealth of the deceased as recognized by the Shariah), then this will be fulfilled with 1/3rd of the wealth of the deceased.

 

Will daughter not receive share?

 

Sometimes people think that they have performed the marriage of the daughters/sisters and now they shouldn't be given their share in inheritance.  Is this correct?

 

Whatever the brothers have spent on their sisters in marriage and on different occasions is their good treatment of their sisters. 

 

If at the time of spending that money, the brothers had said the amount being spent is a loan, then they can demand the loan back from that person. 

 

If the parents are distributing their property in their life itself, then they should be just and give an equal share to all children.  If a son/daughter is financially weak, they may give an extra share as well.

 

However, if the property is distributed after their death, then the inheritance will be distributed as per the injunctions given in the Holy Quran and the Hadith only.

 

If Mehr was payable to the wife and she passes away before it could be repaid, then what?

 

If the Mehr (alimony) was Mehr Muajjal i.e. that Mehr, which was to be given at a later date and any time period, etc. was fixed for it, then it is necessary to give it within that time period and if there wasn’t any time period fixed, then the maximum limit for paying it is either death or divorce.

 

Now that your wife has passed away, this amount of alimony, along with other property, wealth, etc. left by the deceased, is considered to be the inheritance.

 

As per the principles outlined by the Shariah, the inheritance, which includes the alimony along with the other property, etc. is to be divided among the heirs, which includes the husband, in the proportions described by the Shariah.