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INHERITANCE

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					                                    INHERITANCE

DEFINITIONS

The knowledge of inheritance is called Ilm ul Fara’id or Ilm ul Miraath.

Ilm ul Fara’id/Ilm ul Miraath
Ilm ul Fara’id or Ilm ul Miraath refers to the knowledge of the rules for the division of
inheritance and its distribution, so that each of the heirs receives their proper and rightful
share.

The Knowledge of Inheritance is founded on three Underlying Principles:
   1. Closeness in Relation - addresses the issue of who will receive inheritance.
          Nasab/Blood
          Nikah/Marriage
          Wala/Relationship between slave and master

   2. Need - addresses the issue of how much will be received of inheritance

   3. Distribution of Wealth - addresses the issue of why inheritance is distributed

Wasiyyah
Wassiyah refers to the final bequest and will of the deceased. Islamically, one may only
bequeath up to a maximum of one third of wealth/property to a designated person/place
of their choice. The rest of the shares of inheritance are decreed by Allah.

Kalaalah
Kalaalah refers to one whose parents have passed away and he is without any children.

Fard Kifayah
Fard Kifayah refers to all community wide collective obligations, which if fulfilled by
some members of the community suffices for the whole. If no members of the
community fulfill the obligations, then the whole community is held sinful.

Dhawil - Furood
Dhawil – Furood refers to those who are possessors of the obligatory share of inheritance.
These primarily consist of twelve in number:
Husband and Wife
Father and Mother
True Grand Father and True Grandmother (how high so ever)
Daughter and Son's daughter (how low so ever)
Full Sister and Consanguine Sister (i.e. one related by blood)
Uterine Brother and Uterine Sister
‘Asabah
‘Asabah refers to those relatives of a person from the father’s side. These relatives are
called ‘asabah because they strengthen and defend the person.
‘Asabah consists primarily of:
Son, father (in certain cases), the brother, the paternal uncle and the nephew.

Dhawil Arhaam
Dhawil Arhaam refers to those heirs of inheritance who are possessors of kinship or
kindred. They are neither from the dhawil furood, nor from the ‘asabah.

				
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posted:10/18/2011
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