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Is Inheritance Law Unislamic In Pakistan Saying Deceased Can Only Give 1/3rd
Quran clearly states that its specific distribution of inheritance will come AFTER the Will of the deceased has been obeyed and after paying any loan which means that deceased can give 100% of his/her inheritance to anyone he/she wants, if this is true, then where do the Pakistani ulema & courts get their logic saying that the deceased can’t give more than 2/3 of his inheritance?
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Is Inheritance Law Unislamic In Pakistan Saying Deceased Can Only Give 1/3rd
updated 2 years, 8 months ago
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Their stance came from a Hadith in which the prophet suggest to Saad bin Abi Waqas to give 1/3 of his estate in charity at the time when he thought he was going to die. The scholars took this suggestion as a rule, which is incorrect.
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Narrated Sa’d bin Abi Waqqas: I was stricken by an ailment that led me to the verge of death. The Prophet came to pay me a visit. I said, “O Allah’s Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity?” He said, “No.” I said, “Half of it?” He said, “No.” I said, “One-third of it?” He said, “You may do so) though one-third is also to a much, for it is better for you to leave your off-spring wealthy than to leave them poor, asking others for help. And whatever you spend (for Allah’s sake) you will be rewarded for it, even for a morsel of food which you may put in the mouth of your wife.” (Bukhari)
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Thanks a lot for clarifying, stay blessed.
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