ALL >> Religion >> View Article
Mirath (inheritance) Section Viii : Miscellaneous Provisions
There were certain miscellaneous questions, which created doubts and difficulties in the minds of certain persons. The decisions reported here purport to resolve these issues:-
SPOUSE AS SOLE HEIR
"When a man dies leaving his widow as his sole surviving heir, she takes the whole of his property. Similarly when a married woman dies leaving her widower as her sole surviving heir, the whole of the property goes to him.
The reason mentioned for this rule is that although their Koranic shares are fixed at 1/4 and 1/8, respectively, the residue cannot be taken by anyone else according to the Koranic regulations. The wife was after all a close relation of the husband, and was preferred to the state as a residuary. Both of these decisions are attributed to Ali bin Abu Talib, and as all the succeeding Imams followed them, the rule can be said to be firmly established.
a) An unbeliever was converted to Islam and later, killed accidentally. He had no heirs left surviving him. The blood-money due by his accidental death was distributed among the poor, who had been converted to Islam.
b) Similarly, a man ...
... died, leaving no heirs, but a will whereby he left the whole of his property to the poor. The will was upheld as valid and the whole of the deceased's property was devoted to charity.
In all these cases, the blood-money would have gone to the state coffers, and Ali bin Abu Talib as Imam diverted the money to charity. All these decisions were given by Ali bin Abu Talib, and are therefore of the highest authority.
A man belonging to the sub-tribe Khuza'a, of the tribe Azd, died without leaving any heirs. The Prophet decided to give his property to a man of the sub-tribe Khuza'a."
ELDEST SON ENTITLED TO CERTAIN PERQUISITES
"When a man dies leaving several sons, the eldest is entitled to his father's sword, buckler, ring and Koran. And if by accident the son dies, these chattels would descend in the same manner to his eldest son. This decision is based on the special position of the eldest son, as he is entitled to be the wasi.
This rule does not contravene the general law of inheritance whereby all the sons of a deceased person are entitled equally to their portion from the heritable estate. The special position of the eldest son is also mentioned in the testament of the Prophet and of Ali bin Abu Talib. This regulation is a secret sign (ramz) from the representative (wali) of God and is restricted to the Imams of the Prophet's family and is inapplicable generally to Muslims."
WOMEN NOT TO INHERIT IMMOVABLE PROPERTY. RULE EXPLAINED AWAY
Imam Muhammad al-Bakir and Imam Jafar Sadik ruled in a certain cases that women were not entitled to inherit landed property, but were entitled to their proper share of inheritance, account being taken of the price of land forming part of the estate of the deceased. But this rule according to Qadi Noman, deals with certain exceptional cases, and is not of general application. "In any case" writes Qadi Noman "where landed property is owned by a deceased person as heritable property, the female heirs have a share in it in accordance with the rule laid down by God. This is a fixed rule, admitting of no variation."
Add Comment
Religion Articles
1. Trimbakeshwar Kaal Sarp Puja Booking, Cost And Complete GuideAuthor: Trimbakeshwar Pooja
2. Online Puja Services In India: Complete Guide To Online Puja Booking, Puja Websites & Apps
Author: Jatin
3. Astrologer In Ahmedabad: Trusted Guidance For Life, Career, Marriage And More
Author: panchmukhi astrologer
4. How To Book Authentic Vedic Pujas Online Safely (complete Guide)
Author: satvik
5. Kaal Sarp Dosh Vs Mangal Dosh: Understanding The Key Differences
Author: Saraswati
6. Kaal Sarp Dosh Nivaran Puja At Trimbakeshwar- Complete Guide
Author: Trimbakeshwar Pooja
7. Online Puja Booking For Busy Families:
Author: satvik
8. Trimbakeshwar Temple Kaal Sarp Dosh Puja 2026 – Easy Guide, Remedies And Benefits
Author: Shiv Prasad Guruji
9. The Spiritual Importance Of Online Puja In Modern Times
Author: satvik
10. Free Tarot Reading Online For Guidance And Clarity
Author: Maria
11. Understanding The 4 Books Of Allah In Islam: Divine Guidance Through The Prophets
Author: salmanahmed
12. Law And Gospel Lutheran Church | Filipino Lutheran Congregation
Author: Lily Sheahan
13. Complete Guide To Kaal Sarp Dosh Puja In Varanasi, Nashik And Trimbakeshwar With Remedies And Booking
Author: Pandit Shivang Guruji
14. Trimbakeshwar Temple Kaal Sarp Puja, Pitra Dosh Remedies, And Spiritual Puja Services In Nashik
Author: Shiv Prasad Guruji
15. Free Online Kundli Matching For Marriage Compatibility
Author: Naksham






