Category: Islamic Inheritance

Does the Sharī‘a permit autopsies?

Autopsies are not encouraged in the Islamic tradition; autopsies delay burials, cause harm to the body, and remove body parts. However, there are exceptions in the Sharī‘a concerning autopsies. The Islamic principle of maslaha (public benefit) states that when...
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Does the Sharī‘a permit organ donation?

Yes, organ donation is permitted and encouraged by Muslim scholars. In fact, organ donation is legal in the majority of Muslim countries, including Saudi Arabia, Turkey, and Iran, to name a few. In March 2019, the Fiqh Council of...
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Why do I need a Last Will and...

You need a Will so that: • You—not a court—decide who get your assets and ensure they are divided according to Islam. • You—not a court—decide who cares for your children. • You—not a court—decide who manages the financial...
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What is Sharīʿa?

Sharī‘a is the Muslim’s moral code or guide based on the principles of the Qur’an and the example of the Prophet Muhammad (PBUH). It is the Islamic epistemology or methodology to find God’s moral guide to ethical living. The...
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What are the fiqh rules governing bequests?

Let’s start with the Qur’an: It has been ordained upon you, when death is near to one of you, leaving wealth behind, to make a will in favor of parents and close relatives, impartially. This is incumbent upon the...
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What is the Islamic law of inheritance?

The Islamic law of inheritance is found in the Qur’an and in the traditions of the Prophet (PBUH). The Prophet (PBUH) said that the law of inheritance is half of all knowledge. The Islamic law of inheritance is a...
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What does taʿsīb mean?

Taʿsīb mean residuary heirs (taking by taʿsīb). The residuary heirs take the balance of the estate after the predetermined or prescribed shares. For example, if the survivors are a mother and one son: the mother’s prescribed share is 1/6,...
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What does radd mean?

Radd literally means “returned to.” When the total of the prescribed shares does not exhaust the entire estate, the balance left in the estate will be distributed according to either the Islamic law doctrine of radd (increasing the shares...
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What does ‘awl mean?

While taʿsīb and radd apply when distributing the balance left over in the estate after the prescribed shares, ‘awl applies to decrease the shares proportionately when the total prescribed shares is more than 100% of the estate. For example,...
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Who are the Islamic heirs?

Father; Paternal Grandfather; Paternal Great-Grandfather; Paternal Grandmother; Paternal Great-Grandmother; Son; Son’s Son; Son’s Son’s Son; Full Brother; Paternal Brother; Maternal Brother; Full Nephew; Full Nephew’s Son; Paternal Full Uncle; Paternal Full Uncle’s Son; Paternal Full Uncle’s Son’s Son; Paternal...
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