If you don’t know your next of kin, you’re in for a nightmare. The problem is that no matter how hard you work to make sure your kids are taken care of, there is a chance that they could end up with the wrong people in a different country. If nothing else, it will take years and years before the laws of inheritance apply to them — and even then they may be able to change their minds later on. It’s not too late to learn about Islamic inheritance law, though.
Some countries have a specific law on Islamic Inheritance (called Shariah) that governs the inheritance rights of Muslims. In such cases, it is always best to consult a lawyer who specializes in such matters before doing anything rash (such as changing your will or life insurance policies).
But even if you have been properly advised by your lawyer, there is always the risk of doing something rash yourself. Firstly: ignorance only costs money when you know what you are getting into.
Secondly: ignorance can be costly too because if you do something rash without consulting someone who has first-hand knowledge of the Shariah (or even worse, someone who doesn’t know what they are talking about), then you might end up paying for it later on (you wouldn’t want to lose out on any assets because you didn’t get ahead of things).
2. What is Islamic inheritance law?
In this post, I’ll try to explain what Islamic inheritance law is and the way it works.
Islamic Inheritance Law
Islam is a religion of inheritance, where the question of who gets what at death is discussed. The Quran states that a woman can leave her property to her children, while a man must leave his property to his children. This is known as Zakat, which is one of the Five Pillars of Islam.
There are two requirements for both men and women: They must have married before their own death (usually within the first year after marriage), or they must have been divorced from each other before that date (usually within the first year after divorce).
This means that if you marry before your own death or are divorced before you die, your children will inherit everything you had when you died. If you marry or divorce some time after your own death or after having been divorced for more than one year, your children will inherit less than what they would have inherited if your parents had lived longer.
The same applies even if you live longer than anyone else on earth: Your children will not inherit more than they would have inherited if they were born on earth in the same year as you did (because Allah sent them down from heaven).
In order to avoid these issues, Muslims often bequeath wealth to their children in an amount equal to their share of inheritance (known as dāif). This can be either all or some of the wealth (called juhfah) and is usually about half – approximately 20% -of a person’s wealth.
In many Muslim countries today this percentage is much higher because it means that someone without enough money may be unable to provide for his or her family, while someone with enough money could provide several times more than that percentage towards their family’s needs.
The above-mentioned percentages are called taqlīd (or taqli) in Arabic, which means “guidance”. While these percentages may seem arbitrary at first glance and come with no real meaning in reality (they merely follow certain mathematical principles), they hold great importance because they are based on fair principles (“guidance”) agreed upon by numerous Islamic scholars throughout history (“sources”): 1) Muhammad ibn Idris al-Qurashi was an eminent Islamic scholar who was born in 1029 Hijri/1492 CE) 2) Abu Hanifa was an Islamic scholar who was born around 1038 Hijri
3. What are the key principles of Islamic inheritance law?
The key principles of Islamic inheritance law are:
1. The death of the deceased must be reported to the competent authority (a mujtahid) and a decision taken about the heir
2. The heir is usually given a share of his parent’s wealth unless there is evidence that he is unfit for inheritance
3. If two or more sons have died within 10 years of each other, their share of the deceased’s estate depends on which one remarries first
4. A man may not put down his own name as heir in an estate that he has inherited from one son
5. If a woman inherits from her husband, she may not put down her own name as heir in an estate that she has inherited from another wife
4. How does Islamic inheritance law differ from other succession laws?
Islamic inheritance law is often referred to as “family law” within the Islamic world, but it is not a legal code. It is an ethical system based on religious sentiments and norms that were created during the era of the Caliphate (632 – 14/7 AH) and was also codified by various scholars throughout history. As such, it can be seen as a supplement to other laws of inheritance and has been subject to significant alteration over time.
The main differences between family law in Islam and other succession laws are:
• The scope of inheritance
• The obligations of the heirs
• Procedures for transferring property from one heir to another in specific situations, such as when a death occurs prior to marriage or after divorce
• Procedures for transferring property due to physical disability or infirmity
• Procedures for transferring property due to abuse by an heir (for example, when an abusive spouse takes over all of another’s assets)
A number of other differences exist between Islamic inheritance law and other succession laws; these are listed below:
1. Inheritance Scope The scope of inheritance varies among Islamic countries according to who controls the estate at time of death. Some countries allow only one child who cannot determine his or her own will.
In some countries, however, children may decide who their father is after inheriting a portion of the estate.
In Saudi Arabia for example all children inherit regardless of age; all children are considered siblings regardless if they have been married previously or not. In other countries only daughters may inherit while sons may only inherit if they were married before their father’s death and their wives were widowed or divorced before his death.
In some countries, there are restrictions on which person can choose which spouse they wish to marry according to Shariah court rulings. In some countries daughters inherit while sons do not; however this rule varies by country and Shariah court rulings are needed in order for this rule to apply (in Saudi Arabia daughters inherit while sons do not).
2. Inheritance Obligations A certain amount is held by heirs upon the death in proportionate shares according to Shariah law; it varies from country-to-country but typically ranges from about 20% – 40% per child per generation depending on legal rulings regarding inheritance rights related to women [2]. 3. Property Transfers Property transfers can be made through wills or trusts depending on local rules.
5. What are the benefits of Islamic inheritance law?
Muslims, like Christians, have the right to inherit. However, that inheritance is not guaranteed by a will. There are rules about who can inherit what and how much a person can retain in their estate. This process is called “Islamic Inheritance Law” or Shariah law.
Islamic inheritance law covers many aspects of family life and personal status; however, it is a subject that most people understand little about. It is, generally speaking, not taught in schools or universities (though there are exceptions). Nonetheless, it has been very important to the development of Islamic society throughout history; its influence has been felt wherever Muslim societies have spread around the world (even today it continues to permeate much of our lives).
The purpose of this course is to help you better understand what Islamic inheritance law means for you both as an individual and as part of your family. It will cover some general issues related to inheritance law from a historical perspective: what was Islamic inheritance law before Islam? How did it develop during the Muhammad period? What does it mean for us today?
The goal here is to explain several key aspects of Islamic inheritance law in as simple terms as possible so that you can start thinking about these issues on your own without having to consult an expert or do any research.
This course gives you the ability to learn these subjects at your own pace; however, any lessons learned from this course will serve as background knowledge for future discussions with your family members or other advisors/experts on this topic.
For more info, visit here.
