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Reflection for the Ummah in the year 1428 h (2007) By Shamsuddin Bolatito As Muslim across the globe approach 1428 after the completion of the Deen of Islam, it is crucial for this unbeatable giant to ponder upon it existence by those who hold to its rope. These are the Muslims who whole accept Islam as a true and righteous religion on the surface of the earth. This religion is bordered by enemies within and outside and there are trying to dismantle it. This enemies of Islam always tried to extinguish the light which Allah (swt) has provided through the Qur'an and the Sunna of Prophet Muhammad (SAWS).(Surah Saff: 8). They tried any methods and ways, but could not totally succeed in eliminating Islam. Islam rose and fell, but it never disappeared from the world. Recent history was not a good time for Islam. The colonial powers, with the British and French ahead, occupied most of the resource-rich countries of the southern hemisphere and with it also the Muslim lands. They struck their severest blow against Islam by indirectly destroying the Caliphate on the 3rd of March 1924 , after it had existed for about 1400 years. It was followed by a division of the Muslim land into many small countries separated by artificial borders. At that time, Islam was on the bottom, on the lowest level it could fall and as it seemed that battle against Islam, had been won but at the same time it was an awakening signal for the Muslims. They knew they had to revive the values of Islam and bring it to glory once again and to start, they had to change themselves first. The Muslims realized that it was their fault that Islam was in the state of decline, as Allah (swt) stated in the Qur'an: "Verily never will Allah change the condition of a people until they change it themselves (with their own souls)." (Surah Ar-Rad:11) This revival process is still unfolding. Muslims up till now and are suffering from military, economic, infrastructural and scientific inferiority, compared to the Christian/Jewish western powers. The colonial depended on the resources of the southern countries which they occupied and exploited. Anyhow, there was always resistance against colonialism by the oppressed. Popular revolts were on the incline and, as we see on examples of Algeria , Sudan , Ethiopia and other countries finally kicked, the colonialists out. But the expulsion was only physical. The colonialists knew a long time before that one day they might have to leave the subjugated countries, and had taken precautions, because the flow of cheap resources to Europe was too important and had to be secured. In order to achieve this goal, they installed, before they left, native agents, who served as kings, dictators and presidents who always won the elections unopposed. These agents were willing henchmen selling their countries and their people for cheap money under the name of democracy and monarchy, two systems which are incompatible with Islam, because the first is secular and the second is based on hereditary. Moreover, the entire administration in these governments was comprised of people loyal to the former colonialists. The Muslim and Arab world suffered a lot, as well as Latin America under US-sponsored dictators like Pinochet, Noriega, and in West Africa under the French. The plan worked quiet well. As long as the dictators received their bribes and suppressed any opposition, the flow of oil and resources continued, and factories with slave workers could produce cheap consumer items for the wealthy nations of the world. The few religious people in the Muslim world who tried to resist the secularism and the government imposed lifestyles, were imprisoned, killed or forced into exile. To establish a continuous source of loyal henchmen, the Europeans, North-Americans and Russians offered free studies abroad to the sons of the ruling elite or to extraordinary students. On one hand, the Western universities brainwashed them, by telling them over and over again that Islam is the root cause of all economic misery in their countries and that Western values and laws and usury, or, let's say, capitalism, are the only solutions, and on the other hand, the USSR indoctrinated the young people with communism as the way to salvation in this life. Meanwhile, world trade could be monopolized rather quickly by Europe and the USA , although most of the resources came from the southern half of the globe. They could dictate the prices of the products as they wished through their mysterious organizations of IMF, WTO, OPEC and the World Bank, without their entire military machine being present as in the time of colonialism. Just here and there some special troops were stationed to secure their friends and citizens abroad. Colonialism and Neo-Colonialism could only succeed if the colonialized people were unorganized, ignorant of the reality, uneducated, and, in case of the Muslims, negligent in the practice of Islam. Take the police as an example. When they want to search a house for suspected criminals, they always come early in the morning to gain from the advantage of surprise. The people of the subdued countries were caught in a similar situation: dizzy and be fuddled, unable to see the seriousness of their situation and to resist the occupation of their homelands. Nevertheless, there was just 'one grain of sand in the gearwheel' which threatened the machinery of the ex-colonialists and their local henchmen: Islam. They hated Islam from the beginning, because it forbids monopolism, usury and urges the Muslims to Jihad. The unbelievers knew too well that there was a giant in deep sleep and they were afraid that he would waken one day. As they tried everything to kill him but could not succeed, they now tried to prevent him from waking up. To achieve this goal, they tried several things. One way was to mutilate Islam into a religion of mere rituals like they did with the Qadiani movement of Pakistan . A crazy man, called Ghulam Ahmad, claimed to be the Messiah, said that Muhammad is not the last prophet and formed a sect which he sold under the banner of Islam. This movement fooled ignorant Muslims, because it did not propagate Jihad and served the interests of the British Empire on the subcontinent, which gave special favors to the Qadianis, e.g. helping them to get posts in the government. Another way, besides creating sects, was to change the minds of the Muslims by spreading immorality and feelings of inferiority, especially amongst the youth. They hoped to keep them far away from their roots, which is Islam. Albania , Bosnia and the southern ex-Soviet republics like Chechnya , Tajikistan and others, which are populated mostly by Muslims, are sad examples how the Communists succeeded in uprooting the people until all that remained were their Muslim names and the century-old ritual of circumcising the boys. To find a Qur'an in the bookstore rather than the books of Marx and Lenin was nearly impossible. In Albania it was even forbidden to enter the country with a copy of the Qur'an. In other parts of the Muslim homeland the mini-skirt, alcohol and Coca-Cola culture left its impact deeply on the Muslims. Islam was considered as something backward with many prohibitions. The new "culture" seemed more relaxed and progressive, but this trick, to change the minds of the Muslims and upnroot them from Islam, was only temporary. It is like a hungry child whom you give 100 dollars. It will buy only sweets, candies and useless things. In the evening it will come home with stomach pain. All the tricks and deception that the enemies of Islam invented in the last century to destroy the Deen of Allah (swt) had only reverse effects. Muslims were fooled, but in the end they understood, and woke up. They knew something was wrong, but did not know how to solve the problems. Communism promised a lot, but could not live up to its word and finally was destroyed, while democracy more and more turns out to be a tool for neo-colonialism. So now little is left except the sleeping giant (Islam) to whom many people turn for help. It looks as though, at the beginning of the millennium, his long sleep will be over quite soon insha Allahu. What is your plan and mission statement for Islam as we approach 1428h? No success can be achieved with mere Seminars, Symposium and Conference except through hard work and brotherhood and unification of file and ranks then we show the west that in Islam is remedy for Social, Political, Economy, Military and Welfare solution. A reminder and reawakening for the entire Muslims both the present and the unborn generation. ================================================================ Human Being Has a Great Capacity For Self-Delusions In the Name of Allâh, the Most Beneficent, the Most Merciful by Ibn Qayyim al-Jawziyyah There are two things one should be take heed of if one wishes to attain success and felicity: 1) To know the details of the means of attaining good and evil, and to be clear about these through witnessing them in the world around, through one's own experience and that of others, as well as through reports one has heard about earlier and latter nations. One of the most effective means for attaining this is pondering over the Qur'an, for along with the sunnah, it clearly explains the paths to good and evil. If you turn your attention to them, they will suffice you. They will inform you of Allah's treatment of the obedient, and of the sinners. Moreover, apply what you read to practical experience, and you will see the illustration of this - that Allah is true, the Messenger is true, the Qur'an is true, and that Allah fulfills His promise. History contains details of the paths to good and evil mentioned in the Qur'an and sunnah. 2) Beware of deceiving oneself with regard to these paths. This is very important, for the servant knows that sin and heedlessness are harmful to him in his world and the Hereafter, and yet he may deceive himself: Through relying on Allah's pardon and forgiveness, by procrastination of repentance, by performing istighfar only verbally, by doing good deeds [after impetuously sinning], by knowledge, by justifying his sins by the argument of destiny, by citing examples of people committing similar sins, or by following in the footsteps of ancestors and elders. Many people think that they can perform some sin, and then if they say "Astaghfirullah" the sin will disappear. Or, they may deceive themselves with ahadith such as: "Whoever says "SubHaanallaahi wa-biHamdih" one hundred times in a day, his sins are taken off from him, even if they be like the foam of the ocean." Or "A servant committed a sin and then said, 'O Lord! I have committed a sin, so forgive me,' and so he was forgiven . . . . then Allah says, 'My servant knows that he has a Lord Who forgives sins, and takes [to task] for them. I have forgiven My servant, so let him do as he wishes.'" Such people cling to the texts of hope, and hold fast to them with both hands, and put [all] their reliance in them, such that if they are reprimanded for committing some sin, they will recite all that they known about Allah's mercy and forgiveness. Some went to excessive limits in this, such that they claimed that to remain free of sins is being ignorant or under-estimating Allah's mercy and pardon. Some deceived people cling to the notion of fatalism; that the servant has no free-will and that he is compelled to commit sins. Other cling to the notion of irja' (false hope), claiming that faith is merely affirmation, and that deeds are neither a part of faith nor have any effect upon it. According to their claim, the iman of the most sinful of believers is just like the iman of the angels Gabriel and Michael. Some are deceived by their fathers and elders, thinking that they have a rank before Allah, such that they would not leave them to perish. They take this by analogy from the behavior of worldly kings, who might grant a favor or pardon to someone based on the merits of his father or relatives. Such people are used to being taken out of difficult situations by their fathers, and are under the impression that this may happen in the Hereafter too. Others deceive themselves by reasoning that Allah has no need of punishing them since He gains nothing from it, and He does not lose anything by showing them mercy. Such a person may say, 'I am in dire need of His mercy, and He is not at all needy of [anything]. if a poor, thirsty person were in dire need of a drink of water from someone in whose premises there flows a river, he would not be denied it, and Allah is more generous, and more expansive in mercy.' Others are deceived by ridiculous misinterpretations/ misunderstandings, e.g.: "Your Lord will give you, so that you become pleased." [Surah Duha, 5] he says: I am not pleased to enter the Fire. This is despicable ignorance, and clear lies, for he should be pleased by what Allah is pleased by, and it is not against Allah's pleasure to punish the oppressors, wrong-doers, evil-doers, traitors and those persistent on major sins. "Allah forgives all sins." [Surah Zumar, 93] This is also despicable ignorance, for this verse refers to those who repent; otherwise it would imply invalidation of the verses threatening punishment for the sinners. This is specified by another verse, "Allah does not forgive that partners be associated with Him, and He forgives anything beneath that to whomever He wills." [Surah Nisa,48] Also, "None will burn in it except the most miserable one who rejected and turned away [from the truth]." [Surah Layl, 15-16]. This is a specific fire from among the various levels of Jahannam, and moreover the fact that only the rejecters will burn in it does not rule out that others may enter it. "[Hell] has been prepared for the unbelievers." [Surah Baqarah, 24]. The fact that it has been prepared for the unbelievers does not rule out that sinful Muslims may also be punished in it, just as the fact that Heaven "has been prepared for the pious" [Surah Aali-`Imran, 133] does not rule out that people with the smallest grain of faith may enter it even if they were not pious. Some are deceived by fasting the days of `Ashura and `Arafah, such that some may even say that the fast of `Ashura' expiates the whole year, and the fast of `Arafah remains as a surplus of reward. Such people have failed to realize that the fast of Ramadan and the 5 daily prayers are greater and more noble than the fasts of `Arafah and `Ashura, and that [it is understood that] sins are [only] forgiven as long as major sins are avoided. So, [fasting] from one Ramadan to another, [praying] from one Jumu`ah to the next, act in a mutually strengthening manner to achieve forgiveness of minor sins, provided major sins are avoided. So, how then can an optional fast expiate every major sin of a person while he still persists upon the sins, and has not repented from them? Also, it is possible that these two optional fasts expiate all sins in totality, but that this has certain prerequisites and conditions, such as avoidance of major sins, or that the expiation is achieved in conjunction with other good deeds, much the same as the 5 daily prayers and the fasting of Ramadan expiate minor sins in conjunction with the avoidance of major sins. "If you abjure the major things which you are prohibited from, We shall expiate you your evil deeds. [Surah Nisa, 31] Some are deceived by the hadith Qudsi, "I am according to the good expectation/thought of My servant., so let him think of Me as he wishes." i.e. that whatever he thinks I will do to him, I will. But, good expectations can only be with good conduct, for one who does good expects that his Lord will deal with him well, will not break His promise, and will accept his repentance. As for the one of evil conduct, who persists upon major sins, oppression and other evils, the desolation of sin, wrongdoing and [other] prohibited things prevent him from having good expectations of his Lord. This is something we witness in everyday life. A disobedient employee who has run away with company property will not have a good expectation of his boss. The evil of wrong deeds cannot coexist with good expectation. The best in expectation of his Lord['s mercy] is the most obedient to Him. Hasan Basri said, "The believer has good expectation of his Lord, so he make his deeds good. But, the evil person has bad expectation of his Lord, so he does evil." How can someone claim to have good expectation of his Lord when he is like a runaway, and is doing things which displease and anger his Lord, and has abandoned His orders, and is at war with Him. How can one have good expectation of his Lord if he thinks that He does not see him? "And, you used not to conceal yourself, lest your hearing, sight and skin testify against you, but you thought that Allah does not know much of what you used to do. And that, your expectation which you entertained about your Lord, has destroyed you, so you have become among those lost/ruined." [Surah Fussilat, 23] So, these people, who thought that Allah did not know much of what they did, actually had ill- expectation of their Lord, and that destroyed them. Such people are deceived if they think they will directly enter Heaven; they are fooling themselves; Satan is leading them astray and beguiling them. Ponder over this. Consider: how is it possible for one's heart to be certain that one is going to meet Allah, that Allah sees and hears all that he does, and knows his secret open affairs, and that he will be made to stand before Allah, answerable for all his deeds - how can one be certain and aware of all of this, and yet persist upon things which displease Allah; persist upon abandoning Allah's orders, neglecting His rights, and yet claim that he has good expectation of Allah?!! Abu Umamah Sahl ibn Hanif reports: `Urwah ibn al-Zubayr and I entered upon `A'ishah and she said : If only you had seen the Messenger of Allah in one of his illnesses; [when] he had 6 or 7 dinars. The Messenger of Allah ordered me to distribute them [in charity?], but the pain of the Messenger of Allah kept me from doing that, until Allah cured him. Then, he asked me about them: "What have you done? Had you distributed the 6 dinars?" I said, "No, by Allah. Your pain had kept me from doing so." He asked for them to be brought [to him], and put them in his hand then said, "What would be the expectation of Allah's prophet if he met Allah with these in his possession?" What, then would be the expectation of the people of major sins, and the oppressors, if they were to meet Allah with these sins and forfeited rights of people on their backs? If their claim that they entertained good expectations that Allah would not punish evil and wrongdoing people, were to benefit them, then everyone could do as he wished, doing everything that Allah has forbidden, provided he kept good expectation of Allah, thinking that the fire will not touch him. Subhanallah! How deceived can one be? Prophet Ibrahim said to his people, "Is it a lie, gods besides Allah, that you desire? What then is your expectation of the Lord of the Worlds?" [Surah Saffat, 86] i.e. what is your expectation of Allah, what do you expect He will do to you if you meet Him having worshipped other than Him? So, if we reflect over this, we will realize that good expectation of Allah is equivalent to good deeds, for one is moved to good deeds by good hope of Allah, that He will reward him for his efforts and accept them. Otherwise, good expectation along with pursuit of whims and desires and lusts is incapacity. In short, good expectation can only occur if the means for salvation are pursued. Pursuit of the means to destruction cannot accompany good expectations. Someone might claim: It might, based on the expansiveness of Allah's mercy and forgiveness and generosity, and that His mercy exceeds His wrath, and that punishing does not benefit Him, nor does forgiveness harm Him. The reply is: Allah is indeed most generous and merciful, but this is in the appropriate place. Allah is also described as possessing wisdom and might and inflicting retribution, seizing with might, and punishing those deserving punishment. So, if the good expectation is based merely on some of Allah's attributes, then the righteous and the evil, the believer and the unbeliever, would equally be candidates for it. But, the names and attributes of mercy do not benefit the unbeliever or similarly one who has neglected his duty and exposed himself to Allah's curse. Rather, good expectation of Allah is for one who repents, regrets his sins and desists from the. This is good expectation, whereas the first is deception. "Those who believe, and those who perform hijrah and jihad in the path of Allah - they are hopeful of Allah's mercy." [Surah Baqarah, 218] So, these people are the ones who can be truly hopeful of Allah's mercy; not the evil and sinful people. "Then, your Lord is, to those who make hijrah after they have been persecuted, and then perform jihad and are patient/steadfast - indeed, your Lord is, after that, Most Forgiving, Most Merciful. [Surah Nahl, 119] So, the knowledgeable one is he who puts hope in its correct place, whereas the deceived one is he who puts it elsewhere. Source: Al-Jawab al-Kafi li-man sa'al `an al-Dawa' al-Shafi Translator: Suheil Laher Courtesy Of: Islaam.com ================================================================================== Hijaab Experiment In the Name of Allâh, the Most Beneficent, the Most Merciful "Day of hell for two young Danes dressed as Muslim women" COPENHAGEN, March 22 (AFP) - Two young Danish women who spent a day out and about dressed as Iranian Muslims were shocked by their compatriots' reactions of hatred and contempt, the Politiken newspaper reported Wednesday. The two women told the paper that they suffered a day of "hell" and "the intolerable prejudice of the Danes" when they donned the Iranian chador, a traditional black head-to-toe wrap, to go about their day in the capital and its suburbs. Dorte Magnussen and Lene Iwerse, both 26, undertook the experiment as part of their studies on pedagogy and minorities at Copenhagen University. "I was shocked at the numerous disgraceful comments and the huge wall of hostility we were confronted by when we were walking on the street. People went beyond all the norms of respect and good behaviour," said Magnussen. "Our only crime was to be very different," she added. The degree of tolerance, or rather the lack of it, and the hateful looks of passers-by were overwhelming, the women said. "It was shocking to see people behaving in such a shameful way. It was worse than I had imagined. I wanted to go straight home and change. Confronting so much hatred was unbearable." said Iwersen. The most venomous and degrading comments came from elderly people, the two women found. Magnussen said she had been terrified by the fact that adults could react so violently. "Our theory is that they are frightened by things which are unknown to them. Surveys show that 80 percent of Danes have had no personal contact with ethnic minorities," she said. The only highpoint of their day as Iranians was on a bus in the Copenhagen suburbs, when a group of children called their friends to come and have a look at the "two Ninjas" after the popular cartoon characters. The children looked at them but returned to their seats without reacting. "The experience on the bus shows that hostility and the creation of enemies are things which learned, not something people are born with," the two women said. Hostility towards immigrants, and especially towards those from Muslim countries who make up nearly half of Denmark's immigrant population, is actively encouraged by extreme rightwing organisations such as the Danish People's Party and the Progress Party. In their campaigns, they have accused Muslims of invading the country and threatening its culture and religion. ================================================================================== Distribution of Inheritance According to the Book of Allah (Al-Quran) By Luyamuzi Ali, International University of Africa. Allah says in Sura An-Nisaa:7-14 1. There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share. 2. And when the relatives and the orphans and AlMasâkin (the poor) are present at the time of division, give them out of the property, and speak to them words of kindness and justice. 3. And let those (executors and guardians) have the same fear in their minds as they would have for their own, if they had left weak offspring behind. So let them fear Allâh and speak right words. 4. Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire! 5. Allâh commands you as regards your children's (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allâh. And Allâh is Ever AllKnower, AllWise. 6. In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of lagacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allâh; and Allâh is Ever AllKnowing, MostForbearing. 7. These are the limits (set by) Allâh (or ordainments as regards laws of inheritance), and whosoever obeys Allâh and His Messenger (Muhammad SAW) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success. 8. And whosoever disobeys Allâh and His Messenger (Muhammad SAW), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment. SCHEDULE SURVIVORS AND THEIR SHARE (“AS ABOVE” MEANS ALL THE CONDITIONS THAT PRECEDE IN THIS SCHEDULE) 1. No survivors or any of the conditions mentioned below: after meeting all the conditions described in articles I to IX and in this schedule all remainder should be given . 2. One or more sons, and/or one or more daughter, no other. He or she or they get all remainder, sons get equal amount and daughters get equal amount. Daughter/s get only half as much total as son/s. If there are other survivor/s, wife/husband/mother/father. Grand parents recive they get their share before son/s and daughter/s. 3. Wife: She gets 1/8 (12.5%); rest as above. If no other survivors she gets ¼ (25%); rest as above. If more than one wife they divide wives’ share equally among them. 4. Husband: He gets ¼ (25%); rest as above. If no other survivors he gets ½ (50%) rest as above. 5. Father: He gets 1/6 (16.67%); rest as above. If no other survivors he gets all. If only father and mother survive mother gets 1/3 and father the rest. If only father and one daughter survive: Father gets ½ (50%) and the daughter gets ½ (50%). If only father and more than one daughter survive: Father gets ½ (50%) and the daughter gets ½ (50%). If only father and more than one daughter survive: Father gets 1/3 (33.33%) and the daughters divide equally the rest 2/3 (66.67%). 6. Mother: She gets 1/6 (16.67%); rest as above. If no other survivors she gets all. If father and mother survive mother gets 1/3 and father the rest. If only mother and one daughter survive: Mother gets ¼ (25%) and the daughter gets ¾ (75%). If only mother and more than one daughter survive: Mother gets 1/5 (20%) and the daughters divide equally the rest 4/5 (80%). (Any combination of 2 to 6: Spouse and parent get their share before offspring.) 7. Father, mother and one daughter; no other: Father gets 1/3, mother 1/6 and daughter ½. If more than one daughter: Father and mother get 1/6 each and 2/3 equally divided among the daughters. 8. Father, wife and one daughter, no other: 1/3 to father, 1/8 to wife and ½ to daughter. If more than one daughter: 2/3 equally divided among them, 1/8 to wife and 5/24 to father. 9. Mother, wife and one daughter, no other: 1/8 to wife, 7/32 to mother and 21/32 to daughter. If more than one daughter: 1/8 to wife, 7/40 to mother and 7/10 equally divided among the daughters. 10. Father, mother, wife and one daughter: 1/8 to wife, 1/6 to mother, 5/24 to father, and ½ to daughter. If more than one daughter: 3/27 to wife, 4/27 to mother, 4/27 to father and 16/27 equally divided among the daughters. 11. Husband, father and one daughter: ¼ to husband, ¼ to father and ¼ to daughter. If more than one daughter: 3/13 to husband, 7/36 to mother, 5/9 to daughter. If more than one daughter: 3/13 to husband, 2/13 to father, and 8/13 to daughters equally. 12. Husband, mother and one daughter: ¼ to husband, 7/36 to mother, 5/9 to daughter. If more than one daughter: 3/13 to husband, 2/13 to mother and 8/13 to daughters equally. 13. Husband, parents and one daughter: 3/13 to husband, 2/13 to mother, 2/13 to father and 6/13 to daughter. If more than one daughter: 3/15 to husband, 2/15 to mother, 2/15 to father and 8/15 to daughters equally. 14. For any other combination of survivors the following principles would be followed and their share determined in consultation with a knowledgeable Muslim. For explanation of technical terms an authentic book on Islamic Law of Inheritance may be consulted. One such book is “Islamic Law of Inheritance” by Muhammad Mustafa Khan, published by Kitab Bhavan, New Delhi, India THE GOLDEN PRINCIPLES OF ISLAMIC LAW OF INHERITANCE Position of Spouses (1). The husband is entitled to ½ (maximum) or ¼ minimum) share from the property of their deceased husband. (2). The wife or wives are entitled to ¼ (maximum) or 1/8 (minimum) share from the property of the deceased husband. (3). The spouse (husband or widow/s as the case may be) get the maximum share i.e. Husband 1/3 and the widow ¼ if the deceased spouse does not leave behind his or her (i.) child and (ii.) any agnatic descendant (the child of any agnatic male descendant however so low). (4). If the above two conditions are not satisfied the spouse is entitled only to the minimum share (1/4 in case of husband and 1/8 in case of widow/s). (5). Widow/s who were divorced by the deceased husband are entitled to their right of inheritance provided the divorce was ‘Rajai’ (revocable) or it was ‘Bain’ (irrevocablee) but the husband died during iddat period of the widow. (6). Spouses are primary heirs so they are never excluded. Neither they exclude blood relations nor they are exclude by any blood relation. Position of Parents (1). Both mother and father are primary heirs so they are never excluded. If alive they are always entitled to a share: mother 1/3 (maximum) or 1/6 (minimum); father 1/6 (minimum) or the entire amount if no other heirs are present. Mother excludes all types of grandmothers maternal as well as paternal. Paternal grandmothers are also excluded by father. Position of Grandparents (1). Paternal grandparents and great grandparents substitute parents if they are predeceased. The nearer one excludes the distant. However grandfather is not entitled to the special treatment; when mother and spouse are alive they take their maximum share. Grandfather does not exclude paternal grandmother. The grandmother/s, unlike mother, gets only 1/6. She never gets 1/3. Position of Children and Descendants (1). Sons and daughters are primary heirs. They always inherit. (2). A son’s daughter/s become heirs like a daughter if he, the son, is predeceased. If there is one daughter, then son’s daughter/s get 1/6; if there are more than one daughter then son’s daughter/s are excluded. In the presence of her male counterpart (e.g. son’s son) a son’s daughter becomes a residuary and shares the residue according to the principle “double share to male”. Daughter’ or son’s daughter’s position is not affected by marriage, dissolution of marriage, place of residence etc. (3). A son’s son is completely excluded by a son. Position of Brothers and Sisters (1). Uterine brothers and sister (related through mother only) do not inherit in the presnece of father, grandfather, daughters, son, son’s son and son’s daughters. (2). Full brothers and sisters do not inherit in the presence of father, sons and son’s sons. They are also excluded by the true grandfathers, with few exceptions. (3). The full brother converts the full sisters into a residuary and they inherit the residue in the ration 2:1. Same principle applies to consanguine brothers and sisters. Position of Other Relatives (1). The following relations have no claim except if they are mentioned in No. 1 above or in article VII. Stepchildren, daughter/s-in-law, son/s-in-law, parent/s-in-law, brother/s and sister/s-in-law, adopted children, any other person not related by blood to the deceased. (2). In some cases where certain heirs mentioned above do not survive, certain distant blood relatives may be entitled. In all such situations, a knowledgeable Muslim may be consulted to determine their share. Principle of Awl and Raad (1). Principle of Awl (When the total sum of the fractional shares allotted to the Quranic heirs exceeds unity, the already allotted shares are readjusted by using a procedure where all shares are reduced proportionately. This situation arises only in the presence of daughters or sisters.) and Raad (When the total sum of the fractional shares allotted to the Quranic heirs is less than unity. The shares are readjusted in proportion to their already allocated shares. This situation may arise in the absence of a residuary heir.) may be applied in cases where necessary.
