سه شنبه: 1403/03/8

Miscellaneous rules of inheritance

 

English
Tuesday / 28 May / 2024

Inheritance by the husband and the wife

 

2779. If a woman dies without any children, 1/2 of her property is inherited by her husband, and the remaining 1/2 is given to her other heirs. If she has children from that or another husband, her husband will get 1/4th of the estate, and the remaining part will be inherited by her other heirs.

English

Inheritance of the third group

 

2764. The third group of heirs consists of paternal uncle, paternal aunt, maternal uncle, maternal aunt and their children. As mentioned above, the persons constituting this group inherit when none of the persons belonging to the first two categories is present.

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Inheritance of the second group

 

2749. The second group of persons, which inherits on the basis of relationship, consists of grandfather, grandmother, brothers and sisters and, if the dead person does not have brothers and sisters, their children inherit the estate.

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Inheritance of the first group

 

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Inheritance

 

2737. There are three groups of persons who inherit from a dead person, on the basis of relationship:

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Rules regarding Will (Wasiyyat)

 

2703. A Will is a commendation of a person to direct that after his death, a certain task be completed for him, or he says that after his death a portion of his property be given in ownership of someone, or that the ownership of his property be transferred to someone, or that it be spent for charitable purposes, or that he appoints someone as guardian of his children and dependents. A person who is to give effect to a Will is called Wasi (executor).

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Rules Regarding Waqf

 

2685. If a person makes something Waqf, it ceases to be his property, and neither he nor anybody else can either gift or sell it to any person. In addition, no one can inherit anything out of it. However, there is no harm in selling it, in certain circumstances, which are mentioned in rule no. 2102 and 2103.

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Rules Regarding Oath (Qasam)

 

2679. If a person takes an oath that he will perform an act or will refrain from doing an act, for example, that he will fast or he will not smoke; if he does not intentionally act according to his oath, he should give Kaffarah for it, which means he should set a slave free, or he should feed ten indigent persons until they are satisfied, or should provide ten indigent persons with clothes. Moreover, if he is not able to perform these acts, he should fast for three consecutive days.

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Vow and Covenant

 

2649. Vow means making it obligatory upon oneself to do some good act, or to refrain from doing an act, performance of which is not preferred, for the sake of, or for the pleasure of Allah.

2650. While making a vow, a formula declaration has to be pronounced, though is not necessary that it should be in Arabic. If a person says, "When the patient recovers from his ailment, it will be obligatory upon me to pay $10 to a poor man, for the sake of Allah," his vow will be in order.

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