ummtaalib

An Introduction to Inheritance in Islam Shaykh Muhammad Saleem Dhorat (Hafizahullah) A simple, concise and beneficial leaflet produced by the Islãmic Da'wah Academy: introduction_to_inheritance.pdf Last Will & Testament - Islamic Da'wah Academy Last Will.pdf

الوصیة Al-Wasiyyah (Bequest/Will) A will is the authority given in writing by a person before his/her death that a certain portion of his property be given to someone, or pay his loans, or hand over to his successor and his children. Making a will is highly recommended in Islam. It is mentioned in the Holy Qur’an in Surah Al-Nisa’a: "The shares will be distributed after the payment of legacies (he may have bequeathed) or debts (which is left behind by the deceased)." (Qur'an 4:11-12) Also in the Hadith of Holy Prophet (SAW) reported by Ibn Umar (RA) that Holy Prophet sallallaahu 'alayhi wasallam said; ‘it is not permissible for any Muslim who has property for wasiyyah that he stayed two nights without having a written wasiyyah with him’. [bukhari and Muslim] Masaa'il (Rulings) Related to Making a Will [Note: I'll only be posting those masaa'il related directly to making a will. All masaa'il other than those will be skipped] 1. When a person has neither heirs nor creditors and he makes a Wasiyyat for all his wealth to be contributed as he directs, then such a Wasiyyat will be valid. 2. The Wasiyyat will be valid only if the Musi (the one who makes the bequest) is sane and an adult. 3. The subject of Wasiyyat should be an object or a right which can be owned, e.g. a fixed property, a vehicle, garments or the right to live in a house for s specific time, e.g. 5 years. If a right (i.e. a right which is valid in the Shariah) is bequeathed, the asset (e.g. house) will remain the property of the heirs while the beneficiary of the Wasiyyat will enjoy the right of occupying the house for whatever time specified in the Wasiyyat. 4. A Wasiyyat in favor of an heir is not valid. However, if all adult heirs uphold the Wasiyyat it will be valid. But, nothing will be taken from the shares of minor heirs to fulfill the Wasiyyat in excess of one-third which the adult heirs have accepted to uphold. 5. A Wasiyyat for a non-Muslim is valid although there are no ties of inheritance between Muslims and Non-Muslims. [Kitaabul Meerath by Majlisul Ulama of South Africa, pages 42-43 ] The Kinds of Wasiyyat There are four kinds of wasiyyat: Wajib, Mustahab, Jaa-iz and Haraam. Wajib Wasiyyat (Compulsory) 1. It is obligatory for a person to make a wasiyyat if he has liabilities to discharge. He should declare his liabilities verbally to witnesses or reduce these to writing so that rights of others are not plundered or lost after his death. Such liabilities are debt, articles of trust (Amaanat) in his possession or any other right owing to others. 2. It is obligatory for a person to make a wasiyyat in regard to Fardh salaat, zakaat, Fardh saum, Kaffaarah etc. which he had not discharged. It is a grave sin to refrain from Wajib Wasiyyat. Mustahab Wasiyyat (Preferable) 1. It is Mustahab to make wasiyyat that the kafan (burial shrouds) and dafan (burial) be in conformity with the Sunnah and that no un-Islamic and bi'dah customs be organized. 2. If one's assets are considerable, it will then be Mustahab to bequeath any sum up to one third the value of the estate to charitable works, e.g. Musjid, Madrasah, etc. However, if one's estate is not considerable it will not be Mustahab to make a wasiyyat for charity since such a wasiyyat will prejudice the heirs. It is more meritorious to leave the entire estate to the heirs if the estate is small and the heirs are needy. Jaa-iz Wasiyyat (Permissible) It is permissible to make wasiyyat of all things which are permissible, e.g. a certain person should conduct the Janaazah salaat, etc. Haraam Wasiyyat (Unlawlful) It is haraam to make wasiyyat of anything which is not permissible in Islam, e.g. to bury one's body in another city; to bequeath wealth to such a person or institution which will utilize the funds in haraam activities; making a wasiyyat which interferes in any way whatever with the shares of the heirs. It is also haraam to dispose of one's estate during one's lifetime if the intention is to deprive one's heirs. A man who has no sons sometimes is averse to his brothers or step-brothers inheriting. In such an attitude he shows displeasure with the decree of Allah Ta'ala. Consequently, he either disposes of his assets in his lifetime or he makes haraam bequests to deprive the rightful heirs. This type of transgression will be severely punished in the Akhirah. [Kitaabul Meerath, pages 44-45]

Are women denied equality by giving them a lesser share? This question was being asked a lot by Western women and due to Western influence some Muslim women have been questioning the fairness with which property was divided. Islam was the first religion to give women rights, and a share in the inheritance at a time when women were considered property of their male counterparts and were denied all rights. A woman was not obligated by Islamic Law to help run the household by contributing money even if she is a working woman; it is a man’s responsibility to make sure that his family lives in comfort, hence the burden of providing falls on his shoulders. While a woman can spend her inheritance however she wants, a man was obligated to spend his earnings, savings and inheritance on his family, so Islamic Law has made it fair by giving women a lesser share in the inheritance.

Importance of the Mahr (dowry given to the wife) and its role in Inheritance Husbands are obligated to pay their wives the mahr (dowry). If the husband has died before giving the mahr, the obligation does not fall. The mahr will then be taken out of the estate left behind by the husband. It must be ascertained before the' distribution of inheritance that the mahr (dower) of the wife has been paid. If the deceased has not paid the mahr of his wife, this will be taken as debt, and will have to be paid first from the total property, like all other debts. The inheritance will be distributed only after that. It should be noted that the woman, after having received her mahr, shall go on to receive her fixed share in the inheritance as a competent inheritor. And in case, the property left by the deceased is not more than the value of dower, and nothing remains after it is paid, the entire property will be given to the woman against her debt of mahr very much like other debts and, as a result, no heir will receive any share from the inheritance thus used up. [Ma'ariful Qur'an] Since Mahr is treated like debt, the shari'ah makes sure that no heirs can get their share until it (the mahr) is given to the wife. Even if the mahr happens to exhaust the entire estate, so be it. The wife's right to the mahr will have to be fulfilled, even if it means the other heirs get nothing. Source

How Islam Protects the Inheritance of the Wife Some selfish husbands try deprive their wives of inheritance by giving them a divorce on their deathbed. These immature "men" may do this because of a grudge they are holding against their wife, or as an act of revenge. Little do most of these ignoramuses know, that Islam has established a ruling to protect the wife from such a stunt. In case a person divorces his wife and the divorce is revocable, and this person dies before the revocation of the divorce and the expiry of his wife's waiting period, then this woman will get a share in the inheritance, for the marriage is in force. If a person divorces his wife during his sickness culminating in his death, even though the divorce is irrevocable or pronounced thrice, and he died before the expiry of the waiting period, even then, this woman will get a share in the inheritance. And in order to make her inherit, the longer of the two waiting periods shall be taken as operative in the following manner: The waiting period following a divorce is three menstrual periods and the waiting period following the death of the husband is four (lunar) months and ten days. The waiting period out of the two which lasts longer shall be prescribed as the waiting period for the aforesaid woman so that the woman may get a share in the inheritance as far as possible. And if a person divorces his wife, irrevocably or by pronouncing it thrice, prior to any sickness culminating in his death and, a few days later he passes away during the period of his wife's waiting period, then, she will not get a share in the inheritance under this situation. However, if the divorce given was revocable, she will inherit. [Ma'ariful Qur'an] SubhaanAllah, is there any religion in the world that goes to such an extent to preserve the right of the wife? Notice that even in the case of an irrevocable divorce, as long as the husband dies within the waiting period, the wife will still get her inheritance. And on top of that, the fuqahaa have ruled that the longer of the two waiting periods shall be considered, so she has an even greater chance of getting her share. If this is not perfect justice, I dont know what is. Another slap on the face of the kuffaar and their idiotic claims. Note: The detailed rulings of this particular mas'alah can be found on page 434 of the English translation of Bahishti Zewar (2005 Edition). Source

Women & Inheritance

The Estate of the Deceased According to the laws of inheritance the rights of the deceased are implemented in the following order: 1. Funeral expenses of the deceased within reason and according to Islamic teachings Funeral expenses include all expenses relating to the washing of the corpse, shrouding (Kafan) which is three pieces of cloth for man and five for woman, transporting and burial of the corpse. 2. Settlement of debts These include any personal debts or debts on any part of the total estate of the deceased like unpaid mortgage etc. Also included in this settlement are outstanding zakat, unpaid dowry, expiation (kaffarah) of unkept Fasts, Salaah etc or performance of obligatory Hajj. However this settlement will be made if the deceased bequeathed for their payment in which case they will take the shape of a will (wasiyyah) and might be carried out up to one-third (1/3) of the remaining estate after payment of funeral expenses and debts. 3. Settlement of the wasiyyah (will) After taking out the funeral expenses and debts, the wasiyyah (bequest) is to be carried out. A person has the right to make a wasiyyah from one-third of his estate (of what remains after payment of funeral and debt expenses) to individuals or organisations who are not among his inheritors. 4. Settlement of shares to the inheritors Lastly those eligible to receive a share of the inheritance will receive their shares.

Warning against violation of the laws of Inheritance Central-Mosque

Inheritance in Pre-Islamic Arabia Before the advent of Islam, Arabs used to make unlimited bequest in favour of any person according to their own interest. The position of women was worse than that of the women of any other country. The women were not entitled to have the share of the property of their deceased husbands, fathers and other relatives. They regarded women as chattels. The Wife, a part of Inheritance The advent of Islam brought justice for everyone!

Why should we follow an Imaam? - PDF Download The fitnah of ghair muqallidiyyat (abandoning the following of a mazhab) is an extremely dangerous and overwhelming fitnah of contemporary times. Generally, simple-minded youngsters as well as unwary Muslims, who are uneducated of the basics of Deen, but have the desire for practice, fall prey to this fitnah. The picture painted by those who abandon following of mazhabs seems very attractive and appealing to the layman as he is invited towards following the Qur’aan and Hadith directly opposed to following an Imaam. Furthermore, a calculated effort is being made to cause the Ummah to abandon the safe path which the Ummah treaded upon for many centuries. As a result, doubts and suspicions are instilled regarding the great Imaams, the pious of the past and at times even regarding the illustrious Sahaabah (Radhiyallahu Anhum). Published by: Madrasah Taleemuddeen Taqleed_book.pdf

New Report Details How Tobacco Companies Have Made Cigarettes More Addictive, More Attractive to Kids and More Deadly FDA Urged to Stop Harmful Changes Made by Tobacco Industry Jun. 23 2014 WASHINGTON, DC – Design changes and chemical additives introduced by tobacco companies in recent decades have made cigarettes more addictive, more attractive to kids and even more deadly, according to a report issued today by the Campaign for Tobacco-Free Kids. The report, titled Designed for Addiction, details how tobacco companies purposely design cigarettes to make tobacco smoke smoother, less harsh and more appealing to new users, especially kids, and to create and sustain addiction to nicotine. Tobacco companies have made these changes without regard for the health impact and actually have increased smokers’ risk of developing lung cancer. The report is being released on the fifth anniversary of the landmark law, signed by President Obama on June 22, 2009, that gave the Food and Drug Administration the power to regulate tobacco products. It calls on the FDA to require tobacco companies, at a minimum, to reverse the harmful changes they have made by issuing the first-ever product standards governing the design and content of tobacco products. (Click on picture to enlarge) The report shows how tobacco companies have: Made cigarettes more addictive by controlling and increasing nicotine levels and enhancing the impact of nicotine. Made cigarettes more attractive to kids by adding flavorings such as licorice and chocolate that mask the harshness of the smoke, menthol that makes the smoke feel smoother and other chemicals that expand the lungs’ airways and make it easier to inhale. Made cigarettes more deadly, as disclosed in the new Surgeon General's report on tobacco and health, released in January. The report found that smokers today have a much higher risk of lung cancer than smokers in 1964, when the first Surgeon General's report alerted Americans to the deadly consequences of smoking. The new Surgeon General’s report attributed smokers' increased risk of lung cancer to “changes in the design and composition of cigarettes since the 1950s.” "For decades, the tobacco industry had complete control over how cigarettes were made, and they responded by making a deadly and addictive product even worse," said Matthew L. Myers, President of the Campaign for Tobacco-Free Kids. "Now that it has the authority to regulate tobacco products, the FDA must require changes in these products to reduce the death and disease they cause. Decisions about how tobacco products are made and what is in them must now be based on protecting public health, not tobacco industry profits." The Campaign for Tobacco-Free Kids and other public health organizations have called on the FDA to issue the first-ever product standard to reduce the toxicity, addictiveness and/or appeal of cigarettes and other tobacco products. Among its key recommendations for accelerating progress in reducing tobacco use, the latest Surgeon General’s report called for "[e]ffective implementation of FDA's authority for tobacco product regulation in order to reduce tobacco product addictiveness and harmfulness." While the United States has made enormous progress in reducing smoking, tobacco use is still the nation's number on cause of preventable death. Smoking annually kills 480,000 Americans and costs the nation at least $289 billion in health care bills and economic losses. Key Findings: 9 Ways the Tobacco Industry Has Made Cigarettes More Addictive, More Attractive to Kids and More Deadly The Campaign for Tobacco-Free Kids report is based on an extensive review of scientific studies and tobacco industry documents made public as a result of litigation against the industry. It also draws on the conclusions of Surgeon General’s reports and the 2006 Final Opinion of U.S. District Judge Gladys Kessler in her racketeering verdict against the major cigarette manufacturers. The report highlights nine key ways in which tobacco companies have made cigarettes more addictive, more attractive to kids and more deadly: Making Cigarettes More Addictive Increased Nicotine: Tobacco companies precisely control the delivery and amount of nicotine to create and sustain addiction. Ammonia: Added ammonia compounds produce higher levels of "freebase" nicotine and increase the speed with which nicotine hits the brain. Sugars and Acetaldehyde: Added sugars make tobacco smoke easier to inhale and, when burned in cigarettes, form acetaldehyde, a cancer-causing chemical that enhances nicotine’s addictive effects. Making Cigarettes More Attractive Tobacco companies know that 90 percent of adult smokers start at or before age 18 and that smoking is unpleasant for new smokers, so they use chemical additives to make tobacco smoke smoother, less harsh and more appealing to the young, novice smoker. These additives include: Levulinic Acid: Added organic acid salts, like levulinic acid, reduce the harshness of nicotine and make the smoke smoother and less irritating. Flavorings: Added flavors like licorice and chocolate mask the harshness of the smoke and make tobacco products more appealing to young people (the 2009 tobacco regulation law prohibited cigarettes with "characterizing flavors" other than menthol, but did not prohibit the use of flavorings at levels not considered to be characterizing). Bronchodilators: These added chemicals expand the lungs' airways, making it easier for tobacco smoke to pass into the lungs. Menthol: Menthol cools and numbs the throat to reduce irritation and make the smoke feel smoother. Making Cigarettes More Harmful The new Surgeon General's report concluded that smokers' increased risk of lung cancer was most likely the result of two design changes in cigarettes: Tobacco-Specific Nitrosamines: Levels of tobacco-specific nitrosamines, a potent carcinogen, have increased substantially in American cigarettes in recent decades and are much higher than in cigarettes from Australia and Canada. Factors affecting levels of nitrosamines include the tobacco blends and curing process used. Ventilated Filters: Ventilation holes in cigarette filters cause smokers to inhale more vigorously, drawing carcinogens deeper into the lungs. (Cigarettes with ventilated filters were introduced by tobacco companies because they produced lower levels of tar and nicotine in machine tests and were marketed as less hazardous. However, the evidence now shows that these cigarettes did not reduce health risks and likely increased smokers’ risk of lung cancer.) View the full report, an executive summary and related infographics. Source

(Click on picture to enlarge)