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Islamic Inheritance
Share for the siblings in the assets left by a deceased unmarried woman who’s also survived by both parents. My understanding based on surah 4:11 is that the siblings are positioned where children would otherwise be. I’m being told by an organization who writes wills that the parents inherit all after debts and wasiyaat. Appreciate clarity in this matter.
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15 Replies
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Islamic Inheritance
updated 4 years, 3 months ago
6 Members
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15
Replies
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I will check with a scholar. Can you please provide details of how many brothers and sisters? In inheritance scenarios the more information the better.
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Survived by both parents and 2 brothers. No sisters.
No spouse or children.
JazakAllahuKhairyn
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As per Al-Mawrid scholars based on Quran’s law of inheritance
In the absence of spouse and children, the inheritance will be distributed as follows in your case:
- The parents will each get 1/6th
- The remaining assets will be equally divided between the two brothers
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Please remember this distribution is only after paying debt and “will” of the deceased.
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Much appreciated!
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Thank you Nasir sahab, Jazak Allah khair!
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Aside from AlMawrid, others including these estate planning firms insist on a different interpretation. Not sure how to resolve this issue. I am leaning towards Ghamdi Sahib’s interpretation. Also, does 4:176 refer to the distribution to siblings similar to children only if there are no ascendants/descendants? Thanks for taking the time to address this further.
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Slightly off topic, but the mathematical error in Qur’an regarding inheritance distribution caused a lot of problems to the faith of Ghamidi saab himself and he was on the verge of leaving Islam on the basis of this mathematical error.
Later, I think he came up with some explanation of these supposed errors, and hence his view of reading Qur’an is in that light. Other scholars resolved this mathematical error by reinterpreting the verses in their own way.
So, it is not clear, what Allah really wanted to say and if Allah committed some mathematical error in division of inheritance. The fact that different scholars resolve it differently, proves this point.
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The v176 is not a separate law but further explanation. Plus the word Kalala meaning is important to understand here.
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For an in-depth understanding of the Islamic Law of Inheritance, please refer to the following thread:
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There is no error in the Quran. How can we be judged regarding inheritance law if it is not clear for us to follow. The law is written very clearly.
The verses of Nisa 11-12 gives a comprehensive view of the inheritance law. The verse 176 is an explanation of these verses when certain clarification was needed. It starts with the words “they ask you, so tell them…”
Traditional scholars differs in some aspects
1. The traditional scholars don’t think the distribution of shares among deceased relatives can be done in complex situations as per Quran’s directives thus they recommend decreasing everyone’s shares to be able to distribute to assigned relatives. This is called Awl rule per sunni Scholars and Radd rule per Shia scholars. Ghamidi sahib has read the same verses as they are and shown how easy is to distribute to shares per God commands without cutting down the percentages. He add or subtracts nothing to the shares. He has shown us how to read the language and apply them.
2. The traditional scholars think the first verses refers to maternal siblings’ shares and v176 relate to real siblings but Ghamidi sahib thinks it is as it is written -both real and maternal brothers and sisters. Quran is not differentiating between them; otherwise it would have been clearly written.
3. The word Kalala meaning is also where Ghamidi sahib differs. You can read his explanation in his tafseer why he think grammatically his selection of the meaning is correct per Arabic grammar.
The Quran is complete and free from errors. In Quran the laws are clearly written in clear Arabic. This inheritance law is where one can easily see why Ghamidi sahib understanding of the Quranic Language is so correct.
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Yes, that’s what I said. Ghamidi saab resolved this error by interpreting the verses in one manner. Other scholars reinterpreted it in another manner. Both claim to have been correct.
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Sameer sahab, that’s true of any body of knowledge. Understanding or interpreting something is a human feat and there’s always room for error.
Our job is to weigh the arguments on either side and accept/reject anything on the basis of evidence. The key thing to remember is that reward and punishment is not on the basis of right and wrong only, but our attitude towards the truth when it has manifested itself upon us – on the basis of evidence.
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That is not expected with the “clear” book which is “explained in detail ” .
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@faisalharoon it is narrated that on the day of Hajj Muhammad صل اللہ علیہ وآلہ وسلم said in his speech ” bequeath (will) is not permissible in favour of legal heirs”” apparently it seems contradictory with Quran which imposes no condition over one’s right of bequeath. Please need your guidance thanks
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