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Lesson Inheritance in Islam.

In this lesson, we will learn about some features of the inheritance system in Islam.

  • Learn what distinguishes the rulings of inheritance in Islam.
  • Awareness of the fundamental rules of inheritance and the conditions.
  • Being aware of the male and female heirs that have been agreed upon.

Inheritance is a global human system adopted by nations, past and present, because it fits in the human instinct of love and pursuit of property and solves the problem of disposing of a deceased person's wealth after his death.

The rulings of inheritance in Islamic law are distinguished by their dealing with many intricate details related to the circumstances of the bequeather, the heirs, and the share of each, in an integrated and unique system. Among the advantages of detailing the system of inheritance in Islam is the resolution of the causes of conflict between the deceased person's relatives. This is due to the heirs knowing that the inheritance has been distributed among them by the command of Allah, their hearts will be at ease, and they will be satisfied with His distribution. Another advantage is preserving the rights of all the heirs, so the matter is not left to the discretion and diligence of some, so they withhold from whom they want and give to whom they wish, which is a cause for conflict and division.

The Main Aspects of Inheritance

The Person Leaving the Inheritance
The Inheritor
The Inheritance

The Person Leaving the Inheritance

The deceased person who leaves an inheritance.

The Heir

The person that lives on after the deceased person and is eligible to inherit because of one of the eligibility rules of inheritance.

The Inheritance

The estate, inheritance, or legacy; is what the deceased person leaves of wealth or a right to be inherited.

Conditions of Inheritance

Confirmation of the death of the person leaving an inheritance, or a person who is legally dead, like the missing person if the judge rules his death, or an estimation, such as the fetus who was separated from its mother due to a crime that requires blood money, which is a guarantee that must be paid in case of a crime against the fetus.
The heir's life is attained when the inheritor dies or is expected to the living. Like a pregnancy that is alive in a stable existence, at a time from which his presence appeared at the time of death of the deceased person leaving an inheritance. (I.e., at the time of death, even the fetus alive in the womb will also be eligible to inherit.)
Knowledge of the reason to inherit, such as kinship, marriage, or loyalty.

The Order of Distributing Inheritance

Preparing the deceased for burial.
Paying off his debts.
Carrying out his requests.
Dividing the inheritance among the heirs.

Distinct Qualities of the Rulings of Inheritance in Islamic law.

It is from Allah, the Knower of His creation, and what will rectify them and what is good for them (Does He who created not know and He is the Subtle, the Aware.) [Al-Mulk:14]
The legislation does not give the bequeather the right to distribute his inheritance as he wishes because his desires may overcome his whims, and his emotions get the better of him, so he deprives some of those deserving or favors others without justification.
Distributing wealth and not confining it to the hands of certain people by involving a large number of people in the inheritance.
Maintaining family unity, cohesion, and solidarity among its members, by distributing the inheritance to many of them fairly.
Taking into account the varying levels of the inheritors' shares of the inheritance. So we find that the daughter's share is half that of her brother because her brother needs the money as he will be responsible for spending on his household, while someone else will take care of his sister's expenses.
Taking into account the level of closeness when giving preference to some heirs over others, due to the connection of benefits between the inheritor and the bequeather, the father takes precedence over the grandfather and the mother over the grandmother.
Inheritance in the Islamic system is has to be enforced and obligatory. The heir does not have the right to prevent one of his heirs from inheriting.

Male Inheritors

Male inheritors who inherit are ten as agreed upon. They are in brief: the son, then the son’s son and lower; the father, then the grandfather and higher; the brother, then the nephew, the uncle, then the cousin, the husband, and the freed slave.

The Female Inheritors

Female inheritors are seven they are in brief: the daughter, the daughter of the son, and lower, the mother, the grandmother, and higher, the sister, the wife, and the freed slave-girl.

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