Al-Fara'id Online Forum

Bismillāhi Raḥmāni Raḥīm  Date:    7th Dhul-Qahdah, 1441 A H / 29th June, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   69 Topic: Al-Radd (Shares Redistribution or Return of Residue): Part 3 Sub-Topic: Modern Application of Al-Radd in some Muslim Countries Dear Esteem Participants, welcome to today’s class! Today, we are looking at the modern application of al-Radd principle in Muslim countries. In the last eight decades, al-Radd doctrine has evolved under different applications in some Muslim dominated countries. In Sudan, a judicial pronouncement of 1925 allows the residual estate to be given to the widow (wife) through reversion (al-Radd) in the absence of other legal heirs. The law was also reported to be in vogue in Pakistan with the right of residue reversion postponed to that of “Acknowledged Kinsman” while in Egypt and Syria, the widows are given the same right of inheriting the residue with no condition attached.  Also, in Tunisia, widows are allowed t

Bismillāhi Raḥmāni Raḥīm  Date:   2nd Dhul-Qahdah, 1441 A H / 24th June, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   68 Topic: Al-Radd (Shares Redistribution or Return of Residue): Part 2 In our last class, we enunciated that Al-Radd implies a situation where the fixed shares given to the heirs did not exhaust the whole estate of the deceased; and invariably, the residue needs to be redistributed among Qur’ānic heirs in the absence of agnatic heirs (al-‘Asabāh) Today, Inshā’ Allāh, we are looking at some juridical clarifications about Al-Radd application. These are: i.  There are proponents and opponents of al-Radd doctrines among the Jurists. The proponents argued on the basis of Q33:6 that the blood relatives have a greater right to inheritance than any stranger or the community. They include the scholars of Ḥanafī and Ḥanbalī Schools. On the other hand, the opponents of the doctrine suggested that any residue that would amount to al-Radd must be returned t

 Bismillāhi Raḥmāni Raḥīm  Date:   25th Shawwal, 1441 A H / 17th June, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   67 Topic: Al-Radd (Shares Redistribution or Return of Residue): Part 1 In our last three classes, we discussed the doctrine of Al-‘Awl (Share Aggravation) and its effects on inheritance distribution. Today, Inshā’ Allāh, we are starting the lessons on Al-Radd doctrine which is an exact opposite of Al-‘Awl. Al-Radd implies a situation where the fixed shares given to the heirs did not exhaust the whole estate of the deceased. It happens after which the fixed sharers had taken their legitimate shares but there is residue (remnant) and no residuary/agnate heirs (al-‘Asabāh) is available to inherit the residue. If such case arises, the estate will be returned and re-distributed among the Ashāb al- Furūd (fixed sharers) in the same proportion of their respective shares as enshrined in the Qur’ān.    In legal term, Al-Radd denotes a mathematical process

Bismillāhi Raḥmāni Raḥīm  Date:   18th Shawwal, 1441 A H / 10th June, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   66 Topic: Al-‘Awl (Share Aggravation): Part 3 Sub-Topic: Practical Examples of Al-‘Awl In our last two classes, we discussed the definitions and benefits of Al-‘Awl in inheritance distribution under Islamic law of inheritance. Today, for more clarification, we are discussing practical examples of  Al-‘Awl doctrine: 1.  A man died and left behind his wife, both parents and two daughters: All of these are legal heirs who derived their legitimacy from the Holy Qur’an. The wife is entitled to one-eight (1/8), the parents are entitled to one-sixth (1/6) each while the two daughters are also entitled to two-third (2/3) of the deceased’s estate. In sharing this, the common denominator would be 24 but this would ultimately create problems because 1/8 = 3/24 (Wife), 1/6 = 4/24 (Father), 1/6 = 4/24  (Mother) and 2/3 = 16/24 (Two daughters) would result into

Bismillāhi Raḥmāni Raḥīm  Date:   16th Shawwal, 1441 A H / 8th  June, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   65 Topic: Al-‘Awl ( The Share Aggravation): Part 2 Last week, we explained that al-‘awl means the increase in the shares of the fixed sharers (asḥāb al-furūd) from their original fixed shares and a decrease in the value of the share of the whole estate. We also said that Khalīfah ‘Umar bin Al-Khattāb was reported to have been the first Muslim Judge to adopt the doctrine of al-‘awl.  Furthermore, we must know that the benefit of al-‘awl in inheritance distribution include the creation and fostering of kin solidarity among the legal heirs without favouritism or prejudice. It is then apposite for us also to know that al-‘awl doctrine was adopted through consensus (Ijmā‘) of some companions of the Holy Prophet in an attempt not to exclude whom Allah has included in the scheme of inheritance. Also, al-‘awl  is only applicable when the denominator of th

Bismillāhi Raḥmāni Raḥīm  Date:   9th Shawwal, 1441 A H / 1st June, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   64 Topic: Al-‘Awl (Share Aggravation): Part 1 In simple term, Al-‘Awl means the increase in the shares of the fixed sharers (asḥāb al-furūd) from their original fixed shares and a decrease in the value of the share of the whole estate. The underline principles of Al-‘Awl can only occur as the result of inclusion of legal heirs of several categories and the tendency to make as many beneficiaries as possible.  It also means mathematical process through which the specified shares of the Qur’anic heirs are proportionately reduced by raising the lowest common multiple to create an additional share. It is record that Khalīfah ‘Umar bn Al-Khattāb was reported to have been the first Muslim Judge to adopt the doctrine of al-‘Awl in a case involving a husband and two sisters as heirs in distribution of estate left behind by a deceased Muslim woman.  The husb