Top 100 world universities 2015/16 – THE rankings

The California Institute of Technology (Caltech) has been placed top of the world university rankings for the fifth consecutive year, while Harvard University has dropped to sixth place.

The Times Higher Education (THE) magazine today published its rankings, which have expanded to 800 institutions from 70 countries. Out of the 800 universities featured, the UK counts 78 institutions, second only to the US.

The THE top 100 world universities

1. California Institute of Technology, US
2. University of Oxford, UK 
3. Stanford University, US
4. University of Cambridge, UK
5. Massachusetts Institute of Technology, US
6. Harvard University, US
7. Princeton University, US
8. Imperial College London, UK 
9. ETH Zürich – Swiss Federal Institute of Technology Zurich, Switzerland
10. University of Chicago, US
11. Johns Hopkins University, US
12. Yale University, US
13. University of California, Berkeley, US
14. University College London, UK 
15. Columbia University, US
16. University of California, Los Angeles, US
17. University of Pennsylvania, US
18. Cornell University, US
19. University of Toronto, Canada
20. Duke University, US

Imperial College London  Photo: Alamy

21. University of Michigan, US
22. Carnegie Mellon University, US
23. London School of Economics and Political Science, UK 
24. University of Edinburgh, UK 
25. Northwestern University, US
26. National University of Singapore, Singapore
27. King’s College London, UK 
28. Karolinska Institute, Sweden
29. LMU Munich, Germany
30. New York University US
31. École Polytechnique Fédérale de Lausanne, Switzerland
32. University of Washington, US
33. University of Melbourne, Australia
34. University of British Columbia, Canada
35. KU Leuven, Belgium
36. University of Illinois at Urbana-Champaign, US
37. Heidelberg University, Germany
38. McGill University, Canada
=39. University of California, San Diego, US
=39. University of California, Santa Barbara, US
41. Georgia Institute of Technology, US

London School of Economics and Political Science  Photo: Alex Sagre
42. Peking University, China
43. University of Tokyo, Japan
=44. University of California, Davis, US
=44. University of Hong Kong, Hong Kong
46. University of Texas at Austin, US
=47. Tsinghua University, China
=47. Wageningen University and Research Center, Netherlands
49. Humboldt University of Berlin, Germany
50. University of Wisconsin-Madison, US
51. Brown University, US
52. Australian National University, Australia
53. Technical University of Munich, Germany
54. École Normale Supérieure, France
55. Nanyang Technological University, Singapore
=56. University of Manchester, UK 
=56. University of Sydney, Australia
58. University of Amsterdam, Netherlands
59. Hong Kong University of Science and Technology, Hong Kong
=60. University of Queensland, Australia
=60. Washington University in St Louis, US
62. Utrecht University, Netherlands

University of Warwick  Photo: Alamy
63. University of North Carolina at Chapel Hill, US
64. Boston University, US
=65. Delft University of Technology, Netherlands
=65. University of Minnesota, US
67. Leiden University, Netherlands
68. University of Southern California, US
69. University of Bristol, UK
70. Durham University, UK 
71. Erasmus University Rotterdam, Netherlands
72. Free University of Berlin, Germany
73. Monash University, Australia
74. University of Groningen, Netherlands
75. Pennsylvania State University, US
=76. University of Glasgow, UK 
=76. University of Helsinki, Finland
78. University of Tübingen, Germany
79. University of Pittsburgh, US
80. University of Warwick, UK 
81. Uppsala University, Sweden
=82. University of Copenhagen, Denmark
=82. University of New South Wales, Australia

University College London (UCL)  Photo: Alamy
84. University of Freiburg, Germany
85. Seoul National University Korea, Republic of
86. University of St Andrews, UK 
87. Vanderbilt University, US
=88. Kyoto University, Japan
=88. Maastricht University, Netherlands
=90. Emory University, US
=90. Lund University, Sweden
=90. Ohio State University, US
93. University of Exeter, UK 
=94. University of Bonn, Germany
=94. Georgetown University, US
=94. McMaster University, Canada
97. University of Sheffield, UK 
98. Queen Mary University of London, UK 
=99. University of Göttingen, Germany
=99. Michigan State University, US
=101. University of Basel, Switzerland
=101. École Polytechnique, France
=101. Rice University, US

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Business education

Business education involves teaching students the fundamentals, theories, and processes of business. Education in this field occurs at several levels, including secondary education and higher education or university education. Approximately 38% of students enroll in one or more business courses during their high school tenure.

Secondary education

Business is taught as an academic subject at secondary level in many countries, including Australia, Canada, Hong Kong, India, Nepal, Ireland, New Zealand, Pakistan, South Africa, Sri Lanka, Zimbabwe, Argentina, Sweden, Tanzania, Malaysia and the United Kingdom. At pre-tertiary level, it is often called Business Studies, and usually combines elements of accountancy, finance, marketing, organizational studies and economics.

Undergraduate education

At the university level, students have the opportunity to take undergraduate degrees, usually a bachelor's degree, in business and management. Specific curricula and degree-granting procedures differ by program and by region. In general though, the program will comprise either preparation for management and general business, or a detailed focus on a specific area. Regardless, all will typically include basic selections such as Accounting, Marketing, Finance, and Operations Management.

Management-directed programs[1] are designed to give a broad knowledge of the functional areas of a company, and their interconnection, and also to develop the student's practical managerial skills, communication skills and business decision-making capability. These programs thus incorporate training and practical experience, in the form of case projects, presentations, internships, industrial visits, and interaction with experts from the industry.

Subject specific programs, on the other hand, focus on a particular area, and are often more weighted towards theory. Even in these cases, however, additional to their major, students are exposed to general business principles, taking initial courses in accounting/finance, human resources, statistics, marketing, economics, and information systems.

Degrees offered here include:

The Bachelor of Business Administration (BBA) degree is awarded to students who complete three to four years of full-time study in business administration. The degree often, though not always, requires a major in a specific field such as accounting, finance, HRM/personnel, marketing, management, management information systems, real estate, strategic management, or others. Similar programs include the Bachelor of Science in Business Administration (BSBA), a quantitative variant on the BBA, Bachelor of Science in Business and Bachelor of Administrative Studies degrees. The Bachelor of Public Administration (BPA) is an undergraduate degree in public administration. The Bachelor of Business Management/Bachelor of Management Studies are similar to the BBA, but with a stronger emphasis on leadership and management skills.

The Bachelor of International Business economics (BIBE) degree is awarded to students who complete four years of full-time study in business administration. In the last 2 years students must choose a specific field (such as the ones mentioned in the BBA). This degree is taught only in English and its aim is to enable students to work abroad and be prepared to manage large, multinational firms. It is compulsory to study abroad for at least 6 months. This degree appeared with the Bologna Process in Europe and is taught in universities like the Pompeu Fabra University.

The Bachelor of Commerce (B.Com, or B.Comm; Bachelor of Commerce and Administration (BCA) is an alternate title) is, likewise, an undergraduate degree in general business management, although it is more theory-based and usually incorporates an academic major. The distinction between the B.Comm and the BBA, then, is often that the latter specifically applies theories to real-life business situations, while the former concentrates more broadly on a wide range of ideas and concepts in commerce and related subjects.[2]

The Bachelor of Business (B.Bus or B.Bus(Major)) degree is an undergraduate degree in general business management offered by universities in Australia and New Zealand. Similar in nature to the Bachelor of Commerce degree, Bachelor of Business degrees are often awarded at technology-focused universities in accordance with the Dawkins review (1986) of the Australian higher education sector. At many Australian universities, a Bachelor of Business degree enables graduates to undertake greater specialty in their chosen academic major as compared to a general BBA degree.

The Bachelor of Management and Organizational Studies degree (BMOS in Canada) is a four-year undergraduate degree in business management. However, this degree teaches knowledge-based business and is as much theoretical as it is case-based. The BMOS degree especially emphasizes social sciences such as psychology, sociology, economics, etc.

The Bachelor of Business Science (B.Bus.Sc) degree is similar to the BCom. However, it is a four-year honors-level course with an increased focus on the major and covers management theory in further depth. Also, students taking this approach are able to major in various quantitative disciplines not (typically) available in the B.Comm or BBA; related to this—and similarly in distinction—all B.Bus.Sc students require a full first-year mathematics course, and in addition to this, courses in statistics.

The Bachelor of Accountancy (B.Acy or B.Acc or B. Accty) degree is a specialized degree in accountancy; it is often the principal (or only) undergraduate degree recognized for later professional practice. It is distinct from a BBA or B.Comm with a major in accountancy in that the entire program is focused on accountancy, while other topics are supplementary. It is also known as Bachelor of Accounting, Bachelor of Accounting Science, or Bachelor of Comptrolling (B.Acc.Sci or B.Compt).

The Bachelor of Economics (B.Ec, B.Econ.Sc; sometimes BA (Econ), B.Sc (Econ), B.S.Sc (Econ) or BBA (Econ)) degree is similarly a specialized degree in the field of economics. Courses may last anywhere from three years to six years and are typically more theoretical and mathematical than the BBA or B.Comm with a major in economics (often substantially so). Economics is not a business discipline per se but a social science, and economics degrees are therefore often offered through liberal arts colleges.

There are various other specialized business degrees such as the Bachelor of Finance and Banking. A further example is the Bachelor of Arts in Organizational Management (BAOM) degree, which is awarded to students who complete a four-year course of study in the field. The core functions of this program are the teaching of organizational functions, communication, group behavior, decision-making, human resources management, ethics, and to develop and deploy in the students effective skills in management and leadership. Also offered are the Bachelor of Science in Business Education (BSBE), an undergraduate degree in the teaching of business and the Bachelor of Business Teacher Education (BBTE), a variant on the BSBE.

Postgraduate education

At the graduate school level, students seek a variety of master's degrees, either in general management–very commonly the MBA–or in a specific area, such as marketing or finance. A further distinction is that students pursuing postgraduate degrees often have some business experience, although this is not always a program requirement.

Corresponding to both of these, graduate degrees in business and management are generally of two sorts. On the one hand, programs such as the Master of Science (M.Sc) or Arts (MA) or Commerce (M.Com) in General Management (sometimes also called Master in Management, or MIM) usually do not require professional experience. (Often the M.Sc in Management is for graduates with a first academic degree in a social science, while the MA in Management is for other backgrounds.) On the other hand, the Master of Business Administration (MBA) requires a minimum of two to three years of professional experience and is open for graduates from any field. A related distinction: the M.Sc in Management is more specialized than an MBA, and is more suited for academic research, while the MBA is more industry- and management-focused. The Master of Engineering Management, MEM, is aimed at graduates with an engineering background.

As regards degree structure, postgraduate business programs are, in general, designed such that students gain exposure to theory and practice alike;[3] the mix, though, will differ by degree and by school, [4] as discussed. Learning is then through lectures, case studies, and often team projects (“syndicate” work). The theory is covered in the classroom setting by academic faculty. Particularly in the MBA, the theory is then reinforced, and revisited, also in the classroom setting, through the case method, placing the student in the role of the decision maker, "complete with the constraints and incomplete information found in real business issues." Practical learning often comprises consulting projects with real clients, or at least addressing an actual case, and is often undertaken in teams. The practical elements (as well as the case studies) may involve external practitioners, and sometimes executives, supporting the teaching from academic faculty.

Degrees offered here include:

Master of Accountancy/Master of Professional Accountancy (M.Acc, M.Acy/MPA or M.P.Acc), focused on accounting as a profession

Master of Bioscience Enterprise (M.Bio.Ent), focused on the commercialisation of biotechnology

Master of Business Administration (MBA), a master's degree in Business Administration

Master of Business and Management (MBM), focused on generalist managerial and leadership skills; often intended for students beginning their careers

Master of Business Education (MBE), focusing on teaching business teacher education

Master of Business Engineering (MBE), focused on the design and management of enterprises

Master of Business (M.Bus), similar to the M.Com

Master of Commerce (M.Com or M.Comm), focused on a particular area of business or economics; often theory weighted

Master of Computer Information Systems (MCIS), professional graduate degree focused on business technology solutions

Master of Economics (M.Econ/M.Ec), theory oriented; but often available as a more practical "applied" degree

Master of Engineering Management (MEM), aimed at graduates with an engineering background

Master of Enterprise (M.Ent), multi-disciplinary; entrepreneurship combined with a specific discipline

Master of Finance/Master of Applied Finance (M.Fin); training in financial management and corporate finance, as well as the more specific financial modelling and risk management

Master of Health Administration (MHA)

Master of International Business (MIB), focused on International Business

Master of Management (MM), focused on leadership coupled with interrelated management issues

Master of Management: Co-operatives and Credit Unions, a post-graduate degree for co-operative and credit union managers

Master of Marketing Research (MMR) a postgraduate degree focusing on research in the field of marketing

Master of Nonprofit Organizations (MNO or MNPO), the postgraduate degree for philanthropy and voluntary sector professionals

Master of Project Management (MSPM or MPM)

Master of Public Administration (MPA)

Master of Real Estate (M.Sc.RE)

Master of Science in Business Administration (MSBA), advanced training in a particular area of business administration

Master of Science in Business Administration in Computer Information Systems (MSBA-CIS), advanced training in business technology

Master of Science in Management (MSM), management focused, targeting recent graduates

Professional Science Masters (PSM), interdisciplinary; advanced training in science or mathematics, with professional skills required for a commercial context.

Green MBA, often offered as a "Master in Sustainable Business" (MSB)

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DeVry University

DeVry University  is a division of DeVry Education Group a for-profit higher education organization that is also the parent organization for Keller Graduate School of Management, Ross University School of Medicine, Ross University School of Veterinary Medicine, American University of the Caribbean, Carrington College, Chamberlain College of Nursing, Becker Professional Review, and DeVry Brasil. The school was founded in 1931 as DeForest Training School, and officially became DeVry University in 2002.

DeVry Education Group is headquartered in Downers Grove, Illinois, and Daniel Hamburger is the company's CEO.DeVry University is regionally accredited by the The Higher Learning Commission.

As a for-profit school, Devry has faced increasing scrutiny and criticism from the US government, state Attorneys General in Illinois and Massachusetts, the Pew Foundation, and the Mississippi Center for Justice (representing former students).

As of 2015, DeVry had more than 42,000 students at more than 55 campuses throughout North America

Keller Graduate School of Management

Dennis Keller and Ronald Taylor met one another in the early 1970s when the two were teachers at DeVry. Keller and Taylor learned the economics of for-profit education while at DeVry and, in 1973, the two founded the Keller Graduate School of Management with $150,000 in loans from friends and family. The school was originally conceived as a day school that granted certificates. The Keller School later became an evening program offering MBAs, focused on working adults by 1976. The school was fully accredited by the North Central Association of Colleges and Schools in 1977, the first for-profit school to be accredited by the body.

DeVry first received full accreditation in 1981. The Keller Graduate School of Management acquired DeVry from Bell & Howell in 1987. The leveraged buyoutwas worth $147.4 million.^[13][14] The two schools were combined as DeVry Inc. with Keller acting as chairman and CEO and Taylor president and COO.

DeVry Education Group

DeVry Inc. successfully completed its initial public offering in June 1991. The university acquired Becker CPA Review, a firm that prepared students for theUniform Certified Public Accountant Examination, in 1996. DeVry acquired Ross University, a medical and veterinary school based in the Caribbean, for $310 million in 2003. The university moved into the nursing field in 2005 with the acquisition of Deaconess College of Nursing, a St. Louis, Missouri-based nursing college that conferred both associate's and bachelor's degrees in nursing. Deaconess College of Nursing was later renamed Chamberlain College of Nursing.

DeVry Inc. entered Brazil with its 2009 acquisition of Faculdades Nordeste, Ruy Barbosa and ÁREA1, which are universities located in Northeast Brazil. In 2012, the university acquired Faculdade Boa Viagem and Faculdade do Vale do Ipojuca. DeVry acquired a sixth Brazilian university, Faculdade Differencial Integral, in 2013. DeVry Inc. was renamed DeVry Education Group later that year

Location

As of 2015, DeVry University has approximately 55 locations across 18 states in the United States.The university's collective size is over 3 million square feet.

In April 2015, DeVry University announced the closing of 14 campuses around the United States by 2016 as part of a larger restructuring strategy. Students affected by the campus closings are eligible for discounted tuition to attend online or other campus locations for the remainder of their degree program.

Academics

DeVry University's academic offerings are organized into five colleges: The College of Business & Management, which includes Keller Graduate School of Management; The College of Engineering & Information Sciences; The College of Health Sciences; The College of Liberal Arts & Sciences, which includes the School of Education; and The College of Media Arts & Technology. The colleges offer a range of associate's, bachelor's and master's degree programs. DeVry University also offers graduate certificates.

DeVry operates on a uniform academic calendar for both undergraduate and graduate degree programs. The university's academic calendar consists of six eight-week sessions. Most degree programs are offered at both the associate's and bachelor's level. In addition, the institution offers various certificate programs in specific subfields such as information technology.

The Keller Graduate School of Management offers the following master's degree programs:

• Business Administration (MBA)
• Accounting (MSAC)
• Accounting & Financial Management (MAFM)
• Human Resources Management (MHRM)
• Information Systems Management (MISM)
• Network & Communications Management (MNCM)
• Project Management (MPM)
• Public Administration (MPA)

Courses and programs are also offered online. DeVry has offered graduate classes online since 1998 and undergraduate classes since 2001.

DeVry is accredited by the Higher Learning Commission. Engineering technology programs are accredited on campus-by-campus.

In 1995, DeVry was suspended from Ontario's student loan program after a large number of its students misreported their income. DeVry was reinstated after paying fines of C$1.7 million and putting up a bond of C$2 million.

In 2001, DeVry became the first for-profit school to obtain permission from the Alberta government to grant degrees, on recommendation by the Private Colleges Accreditation Board. This decision was opposed by the Alberta New Democratic Party (sitting in opposition), the Canadian Federation of Students, and theCanadian Association of University Teachers. The NDP claimed conflict of interest as an executive at DeVry served as both the president of DeVry's Calgary campus and as a member of the Premier of Alberta's special advisory council on postsecondary education.

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LAW OF INHERITANCE

1.     Introduction

2.     Definition of Inheritance

3.     Will

3.1.        Will vs Inheritance

3.2.        General rules of will

4.     General Rules for Inheritance

4.1.        Conditions necessary before Inheritance

4.2.        Inclusion

4.2.1.           Causes of Inheritance

4.2.2.           Basic principles for inclusion

4.3.        Exclusions

4.3.1.           Impediments of Inheritance

4.3.2.           Rules of Inclusion between Muslims and non-Muslims

4.3.3.           Rule of exclusions.

5.     Tarikah & Its Procedure

5.1.        Tarikah left behind

5.2.        Procedure for distribution of estate

6.     Inheritors and their classification

6.1.        Ishab-ul-Furud

6.2.        Al-Asbat.

7.     Summary

8.     Bibliography

1.             Introduction

Inheritance is an integral part of Islamic Shariah Law and its application in Islamic society is a mandatory aspect of Devine teaching of Islam.

Muslim inherits from each other is proven from Quran:

“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.“ [An-Nisa 4:7]

Inheritance Laws also deals with distribution of one’s wealth after he/she expires. It deals with two key issues:

1. Provide laws pertaining to distribution of wealth amongst heirs, so heirs don’t fight.

2. Ensure that a just system can be established and the wealth is not accumulated into single entity.

2.             Definition of Inheritance.

The word "irth" means inheritance, heritage, and bequest. The word “mirath”  also means inheritance. It is derived from “waritha” which means mainly “to inherit”. The person who inherits is called "Warith", i.e. heir, inheritor, successor .

Inheritance is the transfer of legal ownership of a deceased’s assets to his heirs

3.             Will

3.1.                WILL  VS INHERITANCE.

In Islamic Law, the inheritance from the deceased person is defined by Shariah Law. However, a person is entitled to make his own will for 1/3 of his wealth/assets. Hence:

·                 2/3 of wealth/assets are distributed based on Shariah Law. This is called “meraas”.

·                 1/3 of wealth/assets are distributed based on Person’s Will, if he chooses to write his will. This is called “Al-Wasiyyah”.

Shariah has placed two restrictions on Testator ( one who make Will):

1. Firstly, to whom he can bequeath his wealth/assets

2. Secondly, the amount that he can bequeath (which is 1/3 of overall)

It is important for Muslims to write their wills, as the Prophet (pbuh) said:

Narrated Abdullah bin Umar: Allah's Apostle said, "It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him." [Sahih al-Bukhari]42

3.2.                GENERAL RULES OF WILL.

General Rules of Wassiyah are following:

1. Person Will should not exceed 1/3 of his entire estate.                      

2. Will cannot be given to a person who is already a heir.

3. Will cannot be given towards a non-Shariah Compliant activity or fund.

4.             General rules for inheritance.

4.1.                CONDITIONS NECESSARY BEFORE INHERITANCE.

Before any execution of Will and Inheritance, following conditions are essentials:

1. Death of the porosities

a. Death must be proven

b. Either physical death (de facto) or legal death (de jure) as in case of missing person.

2. Heirs must be alive

a. Only heirs alive are entitled to inheritance

b. If an heir dies before distribution of inheritance, then his portion is taken by his inheritors.

c. Unborn child in fetus (embryo) will inherit if he is born alive.

3. Estate or property must be left by the deceased.

4.2.               INCLUSIONS.

4.2.1   Causes of Inheritance.

There are three causes a person or claimant is considered as lawful claimant of inheritance:

1. Marital tie (Nikah)

2. Blood Relation (Nasab)

a. In Sunni Islamic Law, it relates to paternal connections only

b. Illegitimate child are not considered lawful inheritors

3. Association or friendship bond (Wala): this is further divided into two by Hanafi jurists:

a. Wala Al-Itaq or Mawla Al-Itaq( master of the manumitted slave)

b. Wala Al-Mawala or Mawla al-Mawala(inheritorsuccessor by contract)

 A heir may have more than one causes of inheritance, e.g. husband who inherit fixed share and may also be an agnatic cousin

4.2.2     Basic Principles for inclusion

The basic principles of Inheritance are fifteen, 7 of them are in Quran and 5 are described in Sunnah, and 3 are based on Ijma/Qiyas

 Group of SEVEN whose share is defined in Quran:

1.               The children (male/female) of the deceased

2.               Parents of the deceased when deceased have children

3.               Parents of the deceased when deceased do not have children

4.               Husband

5.               Wife (wives) / Widow

6.               Uterine Bothers on Mother‟s side

7.               Full Brothers

FIVE from Sunnah:

1.               The Wala (Friendship bond)

2.               Sisters become (al-Asabah) “Residuary” inheritors. They get what is left over after the other heirs take their Primary Heirs.

3.               Relatives (based on hadith: “you give fixed sharers (or Primary Heirs) to the ones who are entitled, what they leave will go the nearest male relative)

4.               Grandmother gets 1/6 (based on “give the grandmothers a sixth.

5.               Sister (based on hadith “give the daughter 1/2, the granddaughter 1/6 and what is left will go to the sister)

THREE from Consensus (Ijma):

1.               Consensus on treating grandson as son, granddaughter as daughter provided later is nonexistent.

2.               Grandfather is treated as father, when father is nonexistent

3.               Sister on father’s side is taken as sister of both sides (father and mother)

4.3.                EXCLUSIONS

4.3.1   Impediments to Inheritance:

There are four causes that impede a person from inheritance:

1. Homicide (al-Qatl): Prophet (pbuh) said: “One who kills a man cannot inherit from him” [Tirmidhi, Ibn Majah]43. Hence, all Jurists agree that murderer or killer shall not inherit from victim. There are exceptions to this rule if killing is justifiable or self-defense or war or unintentional etc.

There are slight differences of opinion amongst four fiqhs on details of some form of killing.

a. Hanafi fiqh states that killer is barred from inheritance except if i) its justifiable killing according to Shariah, ii) killing in self-defense, iii) Lawful killing, iv) act of a mad man or minor, v) indirect killing. vi) direct killing by minor or lunatic

b. Shafii fiqh states all forms of killing is a bar to inheritance including killing by minor/lunatic.

c. Maliki fiqh states killing is a bar to inheritance including killing by minor/lunatic except if i) justifiable killing according to Shariah, ii) killing as a result of self-defense, iii) killing in retaliation, iv) unintentional killing.

d. Hanbali Fiqh states that any killing that is punishable (including Qisas) is a bar from inheritance except if i) justifiable killing according to Shariah, ii) killing as a result of self-defense or war, iii) killing in retaliation

2. Difference of Religion: Prophet (PBUH) said: “A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim”.

 [Sahih al-Bukhari, Sahih al-Muslim, Muwatta, Tirmidhi, Abu Dawud and Ibn Majah].

3. Slavery: All Jurists agree that slavery is a bar to inheritance. A slave will not inherit and will not be inherited.

4. Difference in Country: Resident of Dar-ul-Kufr doesn‟t not inherit from citizen of Dar-ul-Islam. However, the contemporary scholars applied these impediments to non-Muslims only.

4.3.2   Rule of Inheritance between the Muslim and non-Muslim:

Narrated Usama bin Zaid (ra), Prophet (pbuh) said:

 “A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim”

 [Bukhari, Muslim, Muwatta, Tirmidhi, Abu Dawud, and Ibn Majah]

 There are two situations with relates to this:

1. Muslim person inheriting from non-Muslim

2. Non-Muslim person inheriting from Muslim.

According to above hadith, it is prohibited in both of these cases to do inheritance between Muslim and non-Muslim. There is consensus amongst all four Sunni Madhahib on this point.

4.3.3   Rules of Exclusions

A potential heir can be excluded from inheritance in following ways:

1.               Never Excluded

2.               Partially Excluded

3.               Totally Excluded

4.               Converted into Residuar

Never Excluded

Ø    Out of twelve primary heirs, five of always get their shares and seven of them some time are left out.

Ø    Five heirs are never excluded from their share; however their share may be reduced. These five includes:

1. Father         2. Mother      3. Husband     4. Wife (wives)                        5. Daughter (s)

Ø    Ironically, the son is not mentioned in Quran as a primary heir and he always inherits as residuary. Son is a residuary and he always gets his share as a residuary.

Partially Excluded

Ø    Partial exclusion means that their shares are lessoned, but not totally removed, e.g. Husband’s share is 1/2 if there are no children. However this share is reduced to 1/4 if the deceased wife has children.

Ø    Five primary heirs that can be partially excluded are:

1.    Husband (originally gets 1/2, can be reduced to 1/4, if wife has children)

2.    Widow (originally gets 1/4, can be reduced to 1/8, if husband has children)

3.    Mother (original 1/3, reduced to 1/6 if deceased had child or brother or sisters)

4.    Son‟s Daughter (originally 2/3, reduced to 1/6, if deceased has daughter)

5.    Half Sister on Father‟s Side(originally 2/3, reduced to 1/6 if deceased has full sister)

Totally Excluded

Ø    Total exclusion means that their share is completely eliminated or they lose their share.

Ø    Some of the heir’s can be totally excluded in the presence of other heirs of the deceased. These include:

1.              True Grandfather (if father is present)

2.              True Grandmother (if father is present)

3.              Son’s Daughter (if son is present)

4.              Full Sister (if deceased have descendant’ or father)

5.              Half Sister on Father’s Side (if deceased have descendant’ or father)

6.              Half Brother on Mother’s Side (if deceased have descendants’ or father)

7.              Half Sister on Mother’s Side (if deceased have descendant’s or father)

Ø   The exclusion is based on following principles:

1. Principle of Impediment: When a potential inheritor is connected to the deceased through another person and if that person is present or alive, then the potential inheritor is impeded by that other person. E.g. Grandson is impeded from inheritance if the son is present.

2. Principle of Nearer in Relation: The person nearer in relation can deprive the person who is farther in relation to the deceased. This rule is more applied in case of Al-Asabah.

Converted into Residuary

 Some primary heirs can be converted into Residuary (secondary heir) under certain conditions. They include:

1)Father          2) True Grandfather   3) Mother       4) Daughter    5) Son’s Daughter

6) Full Sister    7) Sister from Father’s Side

5. Tarkah and its procedure.

5.1. TARKAH – LEFT BEHIND ESTATE

Tarikah  can be defined as gross estate of the deceased prior to deduction of rights and claims attached to it.

1. The Estate includes:

a. All property, movable/immovable, self acquired/ancestral etc.

b. All Debts

c. All peculiar rights (contracts, options, compensations)

d. Blood money (Diyah), if the person deceased was killed

2. Life insurance is not considered part of estate, as life insurance is considered haram in Shariah.

3. Legal Heirs inherit the estate based on Islam Law of Inheritance.

4. Two opinions:

a. Hanafi fiqh says that part of the state covered by debts and bequests/legacies doesn’t devolve upon the heirs

b. Shafai/Hanbali fiqh said that whole estate including the indebted part devolves upon heirs

c. This may become important if value of estate increased from time of death to actual distribution

5. After the death of a person, his estate is distributed based on following four stages in same sequence.

6. In some Muslim Countries (like Malaysia), the issue of jointly acquired property is to be settled prior to any distribution of the state.

5.2. PROCEDURE FOR DISTRIBUTION OF ESTATE

There are four stages that follow after the death of a person:

1.               Pay his/her funeral and burial expenses

2.               Pay his/her debts

3.               Execute his Will/bequest (max 1/3 of his/her property)

4.               Distribute remainder of his/her estate/property according to Islamic Shariah Law

6. Inheritors & their classification.

Beneficiaries from the Legal heirs are in two categories:

1.               Ashab-ul-Furud : Obligatory Sharer or Primary Heirs with fixed shares or Quranic heirs

2.               Al-Asabat : Residuaries by reason of blood relationship or special reason

1.Sharer- Ashabul Furud
First give ashabul-furud their share	If anything left after giving Ashabul-furud, then Al-Asabat will get their share.
NINE from Quran: Male: ■ Father ■ Husband ■ Uterine Brother (brother from mother full or half) Female: ■ Mother ■ Widow ■ Daughter ■ Full Sister ■ Consanguine sister (half sister from father) ■ Uterine sister (half sister from mother) THREE from Qiyas (analogy) and Ijma (Consensus) ■ True Grandfather (father‟s father or how ever high in chain ■ True Grandmother ■ Son‟s daughter (However low in chain)	Asabat  means “residuaries” are of two categories: ■ Nasbiyyah : Blood relation ■ Sababiyyah : Special cause Asabat Nasbiyyah: ■ Al-Asbah binafsihi ■ Al-Asbah bighayriha ■ Al-Asbah ma‟a ghayriha Asabat Sababiyyah:: ■ By special reason (e.g. Mauwla al-itaq) ■ By contract (Mawlaul-Mawala ■ Distant kindred (dhawal-arham) ■ Acknowledged kinsman (Al-Muqirr Lahu) ■ Universal Legatee/tesatee (Al-Musa Lahu) ■ Public treasury Al-Asbah binafsihi : ■ Descendants of the deceased  ■ Ascendants of the deceased  ■ Descendants of the father ■ Descendants of the grandfather Female Agnates residuaries: ■ Daughter ■ Daughter of Son: (however low in chain)  ■ Full Sister  ■ Consanguine sister

6.1. ASHAB-UL-FURUD

6.1. Obligatory (Primary heirs)

Ashab-ul-Furud  means “possessors of obligatory share”. These are the family members with fixed shares whose share is exclusively set by Quran. Hence, they are called Quranic heirs or Obligatory shares. These are clearly stated  in Surah Nisa (verses 4:11-4:12 )

 All together there are twelve primary heirs, nine are mentioned by Quran and three are added by Fuqaha using Qiyas (Analogy). These include:

NINE from Quran (3 males, 6 females):

1)Father          2) Husband     3) Uterine Brother (brother from mother full or half)        4) Mother

5) Widow        6) Daughter    7) Full Sister    8) Consanguine sister (half sister from father)

9) Uterine sister (half sister from mother)

THREE Heirs from Qiyas (analogy)

1)     True Grandfather (father‟s father or how ever high in chain)

2)     True Grandmother

3)     Son‟s daughter (However low in chain)

Each of these heirs are entitled for their fixed share, however, the actual share may fluctuate depending upon number of inheritors. The fixed shares for these primary heirs are as follows:

Quranic Share

1/2 Share

·               Husband (if no child),

·              Daughter (if only one),

·              Full Sister

·               Half-Sister on Mother’s side

¼ Share

·                 Husband (if with child)

·                 Wife (if no child)

2/3 Share

·                 Daughters (if more than one),

·                 Daughter of Son (however low in chain, e.g. grand daughters),

·                  Full Sister (if more than one)

·                  Half-Sister on Mother‟s side (if more than one)

1/3 Share

 ■ Mother (if there are no child or their descendants)

·                  Half Brother on Mother’s side

·                   Half-Sister on Mother’s side

1/6 Share

·                 Father or True Grand Father (if there is no father)

·                 Mother (if there are child or their descendants) or  True Grand Mother (if there is no mother)

·                 Daughter of Son (if they share with Daughter),

·                  Half Brother on Father’s side

·                  Half-Sister on Father’s side

6.2. Shares of the Primary Heirs

A.Parents:

1.               Parent’s share is clearly identified in Quran:

 “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.(4:11)

a)               Father

Only the real father is considered as primary heir.

1. As primary heir Father gets 1/6, if there is:

·                 Sons or

·                 Son’s Son (however low in hierarchy)

2. As Secondary (Residuary) heir (whole or 2/3)

a.               Father becomes a secondary sharer if has:

·                 No child,

·                 No Son’s Son (however low in hierarchy),

·                 No Son’s Daughter (however low in hierarchy)

b.               If father is the sole heir, he gets the whole estate.

c.                If father/mother is sole heirs, then mother gets 1/3 and father gets 2/3.

3.Father becomes primary and secondary heir both when:

·                Has no son, and no son’s son (however low in hierarchy),

But if there is:

·                Daughter  or  son’s daughter (however low in hierarchy)

Father will get is usual 1/6, and then after the distribution of others, he will get the remaining of the estate

Exception:

1. when father inherits with mother and spouse

a. If father inherits with spouse (widow or husband) and mother, then spouse gets their fix share.

b. Spouse share is (husband 1/2, widow 1/4)

c. Whatever residue remains parents takes their share from it.

d. This is based on decision of Umar bin Khattab (ra) who actually based his opinion on Zaib bin Thabit (ra)

Husband: ½	Father: 1/3	Mother: 1/6
Widow: ¼	Father: ½	Mother: 1/4

e. This is an exception to ensure that father doesn‟t get less than mother.

2. Father can totally exclude ( ) other potential heirs when he is present at inheritance, these include:

a. Grandfather (however high in hierarchy) & Paternal grandmother (however high in hierarchy)

b. Brothers (full or half both mother/father side) and Sisters (full or half both mother/father side) c.Uncles and their sons

 b) Mother

 Only the real mother is considered as primary heir. She always gets a fixed inheritance share (expect any legal impediment blocks him). However, her share can be partially excluded, i.e. 1/6 or 1/3

1. As primary hair mother gets 1/6 if:

·                 Child, or

·                 Son’s Son (however low in hierarchy), or

·                 Son’s Daughter (however low in hierarchy)

·                 Two or more full/half siblings

2.As primary hair mother gets 1/3 if:

·                 No Child, or

·                 No Son’s Son (however low in hierarchy), or

·                 No Son’s Daughter (however low in hierarchy

·                 Less than two full/half siblings

Exception:

1.               If mother inherit with father or spouse or both, then she either gets 1/4 or 1/6. See Father‟s section where we defined this exception.

2.               Mother can totally exclude other potential heirs when he is present at inheritance, these include:

a. True Grandmothers (however high in hierarchy) – Mother’s Mother.

B. Grandparents:

a) Real Grandmother (Paternal/Maternal Grandmother)

1. Grandmother’s share is identified in Sunnah:

Narrated Buraydah, Allah’s Prophet (pbuh) appointed 1/6 to grandmother if no mother was left to inherit before her [Sunnan Abu Dawood, also similar is reported by Ibn Abbas in Sunnan Ibn Majah]47

2. Real Grandmother are mother of father (however high in hierarchy), i.e. Paternal Grandmother. Also Mother of Mother is considered as Real Grandmother, i.e. Maternal Grandmother.

3. Grandmother may be totally excluded:

a. if mother is alive. Similarly, Great grandmother is totally excluded if grandmother is alive, and so on.

4. Grandmother gets 1/6, if there is no mother

5. Paternal Grandmother gets 1/6, if there is no mother, and  if there is  no father (onlyHanafi/Maliki/Shafii)

6.If there are more than one real Grandmothers then they all share in 1/6

 b) Real Grandfather (Paternal Grandfather)

1. Shares of Grandfather or Great grandfather (or higher) are like father.

2. Real Grandfathers are father of father (however high in hierarchy), i.e. Paternal Grandfathers. Father of Mother is considered as false Grandfather.

3. Only Read Grandfathers are considered as Ashab-ul-Furud. The False grandfathers are considered as Dhawul-Arham - Distand Kindred by Hanafis, Shafaiis, Hanbalis.

4. Grandfather may be totally excluded:

a. if father is alive. Similarly, Great grandfather is totally excluded if grandfather is alive, and so on.

5. Grandfather will get father’s share, if:

a. If father is not alive, but deceased has son or son‟s son then Grandfather will get father’s share, i.e. 1/6

6. Grandfather will get higher shared, if:

a. If father is not alive and deceased do not have son or son‟s son, but deceased has daughter or son‟s daughter, then Grandfather will get father‟s share 1/6 as Dhul-Fard and will also get remaining Residue (whatever is left from Dhul-Furud)

b. If father is not alive and deceased do not have child (either son or daughter), neither deceased has grandchild (son‟s son and sons‟s daughter however low in hierarchy), then grandfather will become a

residuary and will get remainder of shares after distributing the shares of Dhul-Furud (obligatory primary sharers)

7. Grandfather can totally exclude other potential heirs when he is present at inheritance, these include:

a. Great Grandfathers (however high in hierarchy)

b. Siblings, Descendants of father, i.e. Brothers/Sisters or Uterine Brothers/Sisters. There was difference of opinion amongst companions on Grandfather excluding Siblings.

c. Paternal Uncles and their offspring, Descendants of Grandfather.

C. Spouse:

a) Husband

Husband’s share is clearly identified in Quran:

” 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….(4:12)

 Husband is primary heir and he always gets a fixed inheritance share (expect any legal impediment blocks him). However, his share can be partially excluded in certain situation, i.e. 1/4 from 1/2

1.As primary heir Husband gets 1/2, if there is:

·                 No Child, and

·                 No Son’s Son (however low in hierarchy), and

·                 No Son’s Daughter (however low in hierarchy)

2.               As primary heir Husband gets 1/4, if there is:

·                 Child or

·                 Son’s Son (however low in hierarchy), or

·                 Son’s Daughter (however low in hierarchy)

 b) Wife (ves) / Widow(s)

 Quran identified wife’s (or widow) share as:

 “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. (4:12)

 Wife is primary heir and he always gets a fixed inheritance share (expect any legal impediment blocks him). However, her share can be partially excluded, i.e. 1/8 from 1/4.

1. As primary heir Wife gets 1/4, if there is :

·       No Child

·       No Son’s Son (however low in hierarchy).

·       No Son’s Daughter (however low in hierarchy)

2.As primary heir Wife gets 1/8, if there is a:

·       Child

·       Son’s Son (however low in hierarchy).

·       Son’s Daughter (however low in hierarchy).

3. If there is more than one wife (widows), then they all share in allotted entitlement (1/8 or 1/4).

D. Siblings:

 Brother and Sisters

Brother and Sister’s share is clearly identified in Quran:

 “ They ask you for a legal verdict. Say: "Allah directs (thus) about AlKalalah (those who leave neither descendants nor ascendants as heirs). If it is a man that dies, leaving a sister, but no child, she shall have half the inheritance. If (such a deceased was) a woman, who left no child, her brother takes her inheritance. If there are two sisters, they shall have two-thirds of the inheritance; if there are brothers and sisters, the male will have twice the share of the female. (Thus) does Allah makes clear to you (His Law) lest you go astray. And Allah is the All-Knower of everything."( 4:176)

a) Full sister

a. Full sister is whose father and mother are same as the deceased‟s.

b. Full sister inherits either as Ashab-ul-Furd or as Asabah (Residuary), if she is entitled.

1.Full Sister gets No share, if deceased has:

·                  Father, or

·                  Son, or

·                  Son’s Son (however low in the hierarchy)

·                  Real Grandfather (however high in the hierarchy) – hanafi only, or

·                 Full brother.

2. Full Sister shares as Primary Heir, if deceased is:

·                  Is Kalala (i.e. no one from list in first column)

·                 No Full Brother

·                 No Daughter

·                 No Son’s Daughter (however low in hierarchy)

 If there is only One Full Sister she gets 1/2, if there are more than one full sisters then they share 2/3 jointly

3. Full Sister shares as Residuary as Al-Asbah bighayriha – Because of Others, if deceased :

·                 Has Full Brother, and

·                 Is Kalala (i.e. no one from list in first list)

When there is full Brother, Full Sister(s) will share as Residuary and will gets half of full brother‟s share.

4. Full Sister shares as Residuary as Al-Asbah ma’a ghayriha– Asabah together with others, if deceased:

·                Has Daughter or Has Son’s Daughter (however low in hierarchy)

·                Is Kalala (i.e. no one from list in first list)

5. Full Brother (s) and Full Sister (s) are excluded :

a. If deceased has Father, Son, Son's Son (however low in hierarchy

b. If deceased has Father or Real Grandfather (however high in hierarchy). According to Hanafi, real grandfather excludes Full Brother(s) and Full Sister(s).

6. Full Sister (s) totally exclude  following,

a. Half-Sister (on father’s side)

b. Half Brother (on father’s side), if Full sister is Residuary as Al-Asbah ma‟a ghayriha ie. When there is Full Sister and Son’s Daughter then Half-Brother is excluded.

b) Half-sister(s) on Father's Side (Consanguine Sister)

1.Half sister (on father’s side) shares as Primary Heir, if there is:

·                 No one from above list(of Excluders)   

·                 No Half Brother (from father’s side)

·                 No Full Sister(s)

·                 No Daughter

·                 No Son’s Daughter (however low in hierarchy)

3. If there is only One Half Sister she gets 1/2, if there are more than one Half Sisters then they share 2/3 jointly.

2.Half sister (on father’s side) shares as Residuary, if deceased has:

·                 No one from first list (of Excluders)

·                 No Half Brother (from father’s side) But

·                 Has Full Sister (s)

When full sister is present, Half Sister (one or more) gets only 1/6 jointly and Full Sister gets 1/2 (making it 2/3) Half Sister gets nothing, if there is more than one full sister.

2.Half Sister shares as Residuary as Al-Asbah bighayriha – Because of Others, if deceased:

·                 Has No one from first list (of Excluders)

·                 Has Half Brother (from father’s side)

 Half-Brother convert Half-Sister into Residuary. Due to Half-Brother, Half-Sister gets half of Half-Brother‟s share. If there are more than one Half-Brother and Half-Sisters, they all share in 1/3 jointly

3.Half Sister shares as Residuary as Al-Asbah ma’a ghayriha – Asabah together with others, if deceased

·                 Has No one from first list (of Excluders)

·                 Has No Full Sister(s)

·                 Has Daughter or Has Son‟s Daughter (however low in hierarchy).

4. Half Brother (s) and Half Sister (s) on father‟s side are excluded if :

a.  deceased has Father, Son, Son‟s Son (however low in hierarchy

b.  deceased has Father or Real Grandfather (however high in hierarchy).

c.  deceased has Full Brother (s) and Full Sister (s)

d. deceased has two Full Sisters

5. Exception:

if deceased has no Full Brother, but has One Full Sister, and all the above conditions, then Half-Sister (s) gets 1/6

b)                Full Brother – Residuary

a) Full brother is whose father and mother are same as the deceased‟s.. Full Brother inherits either as Asabah (Priority 3 Residuary), if he is entitled.

b) Full Brother share‟s is identified in Quran when deceased is Kalala.

1.Full Brother gets No share, if deceased has:

·                 Has Father, or

·                 Has Son, or

·                 Has Son’s Son (how ever low in the hierarchy)

·                 Has Real Grandfather (however high in the hierarchy) – hanafi only

2.Full Brother shares as residuary, if deceased

·              Is Kalala (i.e. no one from list in first list)

After distributing shares of all Primary Heirs, Residue will go to Brother. If there are Full Sisters, then Full Brother will get twice as much of sisters.

3. Full Brother (s) totally exclude following,

a. Half-Brother & Half Sister (on father‟s side) and their children

b. Full Brother‟s Son (however low in hierarchy)

c. All Uncles and their offsprings

d)  Half-brother (s) on Father's Side (Consanguine Brother)

1. Half brother (on father’s side) is one whose father is same as the deceased‟s, but mother is different.

2. Half brother (on father’s side) inherits either as Asabah (Priority 3 Residuary), if he is entitled.

3. Half brother (on father’s side) inherits when there is no Full Brother, and then he inherits in position of Full Brother.

4. Half brother (on father’s side) is excluded if both Full Sister and Son‟s Daughter is present

e) Uterine Brother and Sister

1. Uterine Brother and Sister are those who mother is same as the deceased‟s, but father is different

2. Quran Defines share of Uterine Brother (s) and Sister (s)

” … 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 Allah; and Allah is Ever AllKnowing, MostForbearing…(4.12 )

3. Uterine Brother (s) and Sister gets the share if the deceased was Kalala .

Kalala

1. Kalala  is either man or woman who does not have descendants or ascendants, i.e. neither they have sons or daughters, nor do they have father or grandfathers.

2. Inheritance from Kalala is defined in Chapter 4 An-Nisa (The Woman) verse 4:12 and 4:176

3. The verse 4:176 states Shares of Full Brother and Full Sister,if deceased is Kalala

4. The verse 4:12 state Shares of Half-Brother and Half-Sister (Uterine Brother/Sister), if deceased is Kalala.

 f) Half-sister(s) on Mother's Side (Uterine Sister)

a. Half sister (on Mother‟s side) is one whose mother is same as the deceased‟s, but father is different. It‟s also called Step Sister.

b. Half sister (on Mother’s side) inherits as Ashab-ul-Furd, if she is entitled.

c. General rule of male inherits twice as female doesn‟t apply to Half sister (on Mother‟s side)

d. Half sister’s (on Mother’s side) share are following:

1.Half sister (on mother’s side) gets No share, if deceased has:

·              Has Father, or

·              Has Child (son or daughter), or

·              Has Son’s Child (son/daughter, how ever low in the hierarchy), or

·              Has Real Grandfather (however high in the hierarchy) – hanafi only.

(decease is not Kalala)

2.Half sister (on mother’s side) shares as Primary Heir, if there Is Kalala (i.e. no one from the above list)

 If there is only One Half Sister (on mother‟s side) she gets 1/6, if there are more than one Half Sisters or Half Brothers (on mother‟s side) then they share 1/3 jointly.

3. Half Brother (s) and Half Sister (s) on mother’s side are excluded if deceased has,

a. If deceased has Father, Son, Son’s Son (however low in hierarchy

b. If deceased has Father or Real Grandfather (however high in hierarchy).

g)  Half-Brother on mother’s side (Uterine Brother)

1. Uterine Brother has the same mother but different fathers. Its also called Step Brother.

2. Uterine Brother inherits as Ashab-ul-Furd, if he is entitled.

3. Uterine Brother share‟s is identified in Quran when deceased is Kalala.

4. General rule of male inherits twice as female doesn‟t apply to Half sister (on Mother‟s side)

5. Uterine Brother share as Ashab-ul-Furd, while Full Brother and Half Brother (on father‟s side) share as Asabah (Priority 3 Residuaries)

6. Half sister’s (on Mother’s side) share are given below

a.Half sister (on mother’s side) gets No share, if deceased has:

·                   Has Father, or

·                   Has Child (son or daughter), or

·                   Has Son‟s Child (son/daughter, how ever low in the hierarchy), or

·                   Has Real Grandfather (however high in the hierarchy) – hanafi only. (i.e. decease is not Kalala)

b.Half Brother (on mother’s side) shares as Primary Heir, if there kalala (i.e. no one from list above)

If there is only One Half Brother (on mother‟s side) he gets 1/6, if there are more than one Half Sisters or Half Brothers ((on mother’s side) then they share 1/3 jointly.

7. Half Brother (s) and Half Sister (s) on mother‟s side are excluded if deceased has,

a. If deceased has Father, Son, Son‟s Son (however low in hierarchy

b. If deceased has Father or Real Grandfather (however high in hierarchy).

E. Children:

A) Daughter(s)

1. Daughter’s share is clearly identified in Quran:

4:11 Allah commands you as regards your childrens (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. 52

2. Only the legitimate daughter is considered as primary heir.

3. Daughter is a primary heir and she always gets a share in inheritance (expect any legal impediment blocks him). They inherit as a primary heir with fixed share or as a residuary.

4. Adopted child, foster child etc are all excluded from Mirath (inheritance) in Shariah.

5. Adultery and fornication (Zina) is forbidden in Islam, hence, no inheritance is given to illegitimate child.

6. Daughter can share in 3 ways:

a. 1/2 As Primary Heir: if she is only daughter and there is no son.

b. 2/3 As Primary Heir: if deceased has more than one daughter then they share 2/3

c. As Residuary - Al-Asbah bighayriha : if deceased has both son(s) and daughter(s), then daughter becomes Al-Asbah bighayriha  and their share is half of son  i.e. male:female ratio is 2:1.

7. Whole estate: if she is the sole heir she gets the whole estate (hanafi/shafii fiqh)

Based on hanafi/shafii fiqh she gets 1/2 as primary heir and 1/2 as Al-Radd.

8. Daughter’s share  is following: 

a.               As primary hier Daughter gets 1/2, if there is no Sons

b.               Daughters jointly share 2/3, if there is no child, and two or more daughters

c.                The maximum joint share for daughter(s) and son‟s daughter(s) (however low in hierarchy) is 2/3.

d.               Daughter(s) becomes residuary when there is a Son, The ratio in this situation is 2:1 [male 2: female 1]

9. Daughter can totally exclude other potential heirs when he is present at inheritance, these include:

a. Two or more daughters can exclude Son’s Daughter (however low in hierarchy), except if Son‟s son is also present.

b)  Son's Daughter(s)

1. Granddaughter (s) (Son’s Daughter) shares as Ashab-ul-Furud when there is no Daughter of the deceased. Then they share in the place of Daughter (s).

2. If Son is present, then Granddaughter is excluded.

3. Granddaughter (Son’s Daughter) inherits either as Ashab-ul-Furd or as Asabah (Residuary), if she is entitled.

4. Granddaughter (Son’s Daughter) share are as following:

a.               Grand Daughter gets no share, if deceased has Sons or has two or more daughters

b.               If there is No Daughter, then If there is only one Grand Daughter (son’s daughter) she gets 1/2, if there are more than one Grand Daughters then they share 2/3 jointly.

c.                If there is One Daughter and Grand Daughters, then max share for all of them is 2/3, where Grand Daughters get fixed share of 1/6

d.               If there is two or more daughters, then Granddaughters are excluded

5. Granddaughter (Son‟s Daughter) are excluded if deceased has,

a. If deceased Son

b. If deceased has two or more daughters

 c) Son(s) - Residuary

1. Please note that Son is not part of Ashab-ul-Furud.

2. However, He always gets a share in inheritance (expect any legal impediment blocks him). He gets his share as a Residuary as he is not mentioned in Quran with any fixed share.

3. Quran did not explicitly spell out the share of the son. Hence, he is primary heir without a fixed share.

4:11 Allah commands you as regards your childrens (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. 53

Hence, Son minimum share is twice as much as daughters‟. And he also gets remainder of residue after distributing shares to Ashab-ul-Furud.

4. Only the legitimate son is considered as primary heir.

5. Adopted child, foster child etc are all excluded from Mirath (inheritance) in Shariah.

6. Adultery and fornication (Zina) is forbidden in Islam, hence, no inheritance is given to illegitimate child.

7. Son always gets his share as a Residuary. After all the primary heirs with fixed share have been given their allotted share, then the residue is given to the son.

8. If there is a daughter, then son and daughter both shares as Residuaries.

9. General rule that Male gets twice as female applies. If there is daughter, son gets twice as much share as daughter.

10. If son is the sole heir, then he takes the whole state.

11. Son can totally exclude other potential heirs when he is present at inheritance, these include:

a. All grandchildren (however low in hierarchy)

b. All siblings and their descendants (however low in hierarchy)

c. All uncles and their descendants (however low in hierarchy)

6.2. AL-ASABAT

Residuaries (Secondary Heirs)

The Prophet (pbuh) said: Give fara‟id to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased” [Sahih al-Bukhari] Asabat ( means “residuaries”, they are of two categories:

1. Asabat Nasbiyyah : Blood relation

2. Asabat Sababiyyah : Special cause

A. Al-Asabat Nasabiyyah – Blood Relative:

1. In Shariah, Asabat Nasbiyyah consists of all male agnates andfour specified female agnates.

2. Male Residuaries: Agnate relatives of the deceased are those between whom and the deceased no female intervenes. All residuaries are related to the deceased through male.

3. Female Residuaries: four females are also included that are all connected through a male agnate, i.e., Daughter, Daughter of Son (however low), full sister, consanguine sister.

4. Asabat Nasabiyyah is divided into three:

a. Al-Asbah binafsihi

b. Al-Asbah bighayriha

c. Al-Asbah ma‟a ghayriha

Shares of Al-Asabat Nasabiyyah

Rules of inheritance amongst the residuaries:

1. Rule # 1: Residuaries inherits whatever remains (the residue) of the estate after the fixed sharers (or Primary Heirs) have been allotted their share.

2. Rule # 2: If there is No Primary Heir or if there is No Residuaries ...

a. If there is no “Primary Heir” then “Residuaries” takes the whole estate

b. If there is no “Residuaries” then the “Primary Heir” takes the residue (Doctrine of ar-Radd)

3. Rule # 3: Basic principle in distributing shares amongst Al-Asabat, that the nearest to the deceased gets the remainder of the share after paying the share of Dhul-Farood . Hence, they are graded into four ranks that define their priority sequence. Higher priority is given to first group, if they don‟t exists, then the next group and then the next

4. Rule # 4: Nearer in degree exclude the more remote within the limits of each class of heirs.

 The nearer in relation gets priority over father in relation. E.g. between son and grandson (son‟s son), son is closer in relation. Hence son will take the entire share and grandson will get nothing (either if he is grandson from same son, or from other sons).

a. Amongst collaterals, the strength of blood line determines priority. Full blood takes preference over half-blood through father. E.g. Full sister takes preference over consanguine brother/sister.

b. If there are many sharers in same level and are equally close, then all of them will get equal share.

c. Real brother will supersede half-brother, and real-uncle will supersede half-uncle.

5. Rule # 5: Whoever is related to the deceased through another person will not inherit while that person is alive. E.g. if father is alive, brother and sister are totally excluded

6. Rule # 6: Descendants take priority over ascendants who take priority over collaterals.

a. Exception: Father cannot be excluded by son

b. Exception: All collaterals are excluded by father or true grandfather (e.g. father exclude brother/sisters, True grandfather exclude uncles etc) – Hanafi View based on Abu Bakr, Aisha (Ra).

Malki, Shafaai, Hanbli, Imam Abu Yusuf and Imam Mohammad (abu hanifa students) view based on Ali, Azir bin Thabit, Abdullah bin Masood is the full siblings and consanguine siblings are not excluded by the paternal grandfather (this is majority view).

7. Rule # 5: General Rule of male:female ratio: one male inherits equivalent of two portions of female (man:female ratio 2:1) of same level or below.

Group 1 for Residue: Descendants of the deceased: These include four (descendants): 1. Sons 2. Son‟s son (however low in the chain) 3. Daughter when accompanied by son 4. Son‟s daughter (however low in chain)  when accompanied by son‟s son of an  equal or lower degree	Group 2 for Residue:  Ascendants of the deceased: These include two (ascendants): 1. Father 2. True grandfather (however high in chain)
Group 3 for Residue: Descendants of the father: These include six (siblings): 1. Full Brother 2. Consanguine brother 3. Full sister when she is not Primary Heir 4. Consanguine sister when she is not Primary Heir 5. Full brother‟s son (however low in chain) 6. Consanguine brother‟s son (however low in chain)	Group 4 for Residue: Descendants of the grandfather: These include two groups (uncles and their descendants): 1. Offspring of true grandfather (father‟s father) a. Paternal uncle  b. Male descendants of paternal uncle 2. Offspring of true great grandfather (father‟s father‟s father) a. Great paternal uncle b. Male descendants of great paternal uncle

B. Al-Asabat Sababiyyah

Asabat Sababiyyah are following:

·                  By special reason (e.g. Mauwla al-itaq)

·                 By contract (Mawlaul-Mawala)

·                 Distant kindred (dhawal-arham)

·                 Acknowledged kinsman (Al-Muqirr Lahu)

·                 Universal Legatee/tesatee (Al-Musa Lahu)

·                 Public treasury

a) Dhawul-Arham - Distant kindred

·                  It means “possessors of kinship”. This also referred to as uterine heirs.

·                  These are all blood relatives of the deceased who are neither Primary Heirs (Ashabul-Furud) nor Residuaries (al-Asabat).

·                  All issues through female relatives are distant kindred except those through the mother

b) Mauwla al-itaq- By special reason

1. Mauwla al-itaq  is master of a freed-Slave.

2. If freed-slave (manumitted slave) died and left no heirs by blood relation, then manumitter (master who freed the slave) is entitled to the residue.

( This may not be relevant to modern times, as it deals with slave and master. Since slavery is no longer practice, this topic may not be relevant.)

c) Mawla-ul-Mawala - Successor by contract

1. If there no Dhawul-Arham - Distant kindred, then state can be given to Mawla-ul-Mawala

(successor by contract), if any.

2. The deceased must have made prior contract with Mawla and he/she must accept it.

a. There should be declaration (by deceased) and acceptance (By Mawla)

b. The person who make the declaration must not have no other legal heir (or blood relatives)

( Such situation is unlikely to happen in modern times.)

General rules:

a. Male/female ration is 2:1

b. Nearer in degree excludes more remote

c. If claimants are of equal degree then descendants of the Primary Heirs or Residuaries take preference over descendants of distant kindred.

d. If claimants are of equal degree we use rule of Imam Abu Yusuf and divide equally amongst the claimant keep the male:female ratio.

d) Al-Muqirr Lahu- Acknowledged kinsman

1. If there is no heirs and no Mawla-ul-Mawala  (successor by contract), then shares estate can be given to Al-Muqirr Lahu - Acknowledged kinsman.

2. Al-Muqirr Lahu  is person of unknown descend but whose kinship has been acknowledged by the deceased person.

3. Al-Muqirr Lahu  inherits as residuary.

e) Al-Musa Lahu - Universal Legatee/tesatee

1. Al-Musa Lahu is person whom the deceased has Willed/bequeathed the estate/property when there is no other heir.

2. The rules of max 1/3 (by will) do not apply as there is no other heir. Al-Musa Lahu take whole estate.

f) Public treasury

1. If there is none of above claimant, then estate/property of deceased is entered in to Public treasury .

7. Summary

Inheritance in an integral part of Islamic Shariah Law and its application in Islamic society is a mandatory aspect of Devine teaching of Islam. Hence, there is a legal share for relatives of the deceased in his estate/property. When a person dies there are four rights that needs to be performed his property:

1.               Pay his/her funeral and burial expenses

2.               Pay his/her debts

3.               Execute his/her Will/bequest if the deceased left a Will. Will must not exceed 1/3 of his/her total estate/property.

4.               Distribute remainder of his/her estate/property according to Islamic Shariah Law amongst the legal heirs or claimants.

In order to distribute the inheritance, follow these steps:

1.               Identify all legal heirs or claimants.

2.               Eliminate those who are excluded due to impediment or disqualified. See Section “Impediments to Inheritance:”

3.               Divide the claimants into four groups:

1.                    Primary Heirs

2.                    Secondary Heirs

3.                    Distant Kindred

4.                    Public treasury

 Sequence:

1.               First distribute the shares amongst Ashab-ul-Farood, and if there is residue, it goes to Secondary Heirs.

2.               If there are no Secondary heirs, then distribute the residue amongst Distant Kindred.

3.               If there are no distant kindred or still some residue left, then it goes to Bait-ul-Maal.1/3)

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