Islamic inheritance law

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The Islamic inheritance law belongs to the field of Islamic law and is thus in a Sharia to find. It is based on the verses of the Koran , supplemented by some hadiths and their interpretations of both. In addition to a fixed succession with various inheritance quotas, the drawing up of a will is recommended.

basis

The basis of the right of inheritance is mainly formed by the first verses of Sura an-Nisā ' regarding the right to inheritance and the share, which is presented here in broad outline and was precisely defined via the Sunnah of the Prophet, and Sura al-Māʾida verse 106 regarding a will, as well as their interpretation.

Basics

After death, the funeral must first be settled with all costs from the inheritance. Below are outstanding liabilities such as loans, debts that are being repaid. The will is then taken into account. Often foundations or mosques, but also needy relatives who are not entitled to inheritance (including non-Muslims) are favored. Only last is the respective share paid out to the beneficiaries.


Beneficiaries

Possible heirs according to Islamic inheritance law

From the verses of Surat an-Nisa the following beneficiaries emerge, who are divided into four groups of heirs:

  • Ashaabul-furuud (أصحاب الفروض) = heirs of fixed shares (quota heirs)
  • Al-'asabah (العصبة) = heirs of the quota-free shares
  • Ahlur-radd (أهل الرد) = heir to the surplus
  • Dhawuul-arhaam (ذوو الأرحام) = heirs on the mother's side

If all of the subsequent beneficiaries are alive, the biological children, biological parents and spouse inherit. All other heirs be estopped (excluded).

The following persons are generally entitled to inheritance according to the above-mentioned verses:
Male :
Male persons entitled to inheritance are the husband, the biological son and his male descendants (grandchildren, great-grandchildren, etc.) in descending line, the biological father and his male ancestors (grandfather, great-grandfather, etc.) ) in the ascending line, the biological full and half-brother on the paternal and maternal side and their male descendants (nephew, etc.) in the descending line and the paternal uncle and his male descendants (cousin, etc.) in the descending line

Female :
Female beneficiaries of inheritance are the wife, the biological daughter, the biological daughter of the son (granddaughter), the biological mother, the biological grandmother on the maternal and paternal side as well as full and half-sisters

However, according to Sharia law, a Muslim can only inherit from a Muslim and bequeath it to a Muslim. Non-Muslim family members are therefore excluded from the inheritance, but can receive up to 1/3 of the total inheritance through a will (see below). If all beneficiaries are alive, the biological children, the biological parents and the spouse inherit. All other beneficiaries are excluded.

Inheritance quota of quota heirs (Ashaabul-furuud)

The Ashabul-furud includes all those heirs who are entitled to a fixed quota of inheritance (1/2, 1/3, 1/4, 1/6, 1/8, 2/3) according to Sharia law.

The respective inheritance quota can be different for the same family member within different constellations of heirs or there is not always inheritance for individual family members. In general, it is also true that heirs of the same level, for example, inherit biological son and biological daughter in a ratio of 2 to 1, the male heir inherits twice the female. The various inheritance quotas with conditions are listed below.

The half

The following people inherit half of the total inheritance:

  • the husband if there are no children or male grandchildren.
  • an only daughter when there are no sons.
  • a single full sister if there are neither children nor grandchildren

The quarter

The following people inherit a quarter of the total inheritance:

  • the husband when there are children and grandchildren
  • the wife if there are no children

The eighth

The following people inherit one eighth of the total inheritance:

  • The wife in the presence of children

Two-thirds

The following people inherit two thirds of the total inheritance:

  • Two or more daughters when there are no sons.
  • Two or more sons, if there are no sons
  • two full sisters if there are no male relatives

A third

The following people inherit a third of the total inheritance:

  • The mother of the testator, in the absence of children and the presence of a sister or brother of the testator.

The sixth

The following people inherit one sixth of the total inheritance:

  • the father if there are children or the grandfather if there are children but no father.
  • the mother or the grandmother
  • Half siblings

Inheriting the quota-free shares (Al-'asabah)

This includes those entitled to inheritance who are male and not related to the deceased through a woman, i.e. son, son's son, brothers of the father. In contrast, this does not include female relatives and their descendants. Asabah means to strengthen and the Asabah heir receives whatever share may be left after the quotas have been distributed. > If there are no quota heirs, they inherit everything. Asabah heirs have no fixed inheritance quotas and always inherit, father and son are always Asabah heirs, with the father also being the quota heir. The son excludes all other Asabah heirs. The Asabah co-heirs have a special regulation, who then do not inherit the quota, but inherit with these men as Asabah in a ratio of 1: 2.

Heir to the surplus (Ahlur-radd)

The heirs of the surplus are those quota heirs - spouses of the deceased excluded - who share the remainder of the inheritance if there is no Asabah inheritance. Usually this applies when only the daughters inherit and there are no other male relatives.

Maternal heirs (Dhawuul-arhaam)

There is no consensus among the various schools of law on maternal heirs. These are all relatives who are neither Quota heirs nor Asabah heirs. The succession depends on the closeness of the relatives to the deceased, taking into account the missing family members.

Determination of inheritance shares - calculation

The inheritance shares are initially determined individually for the respective heirs. Depending on the family constellation, individual relatives are excluded (excluded) or inherited. For this purpose, the individual heirs are listed with their share. Since you have different fractions with different denominators (1/3, 1/2, 1/4, 1 / 8.2 / 3, 1/6), you must first give them the same name for the calculation (see fraction calculation ) and then add them. - Usually the main denominator is 24.

Depending on the constellation and number of beneficiaries, the following three options then arise:

  1. 'Aadilah (عادلة): The sum of the inheritance shares is 100%, which means that the denominator and numerator of the result are identical.
  2. Naaqi's'ah (ناقصة): The sum of the inheritance shares is less than 100%, that is, the numerator is smaller than the denominator and something remains, this part goes to the Asabah heirs
  3. Aailah (عائلة): The sum of the inheritance shares exceeds 100%, so the numerator is greater than the denominator, the shares are calculated proportionally. (For example 26/24 -> the inheritance is divided into 26 parts, adjusting the fraction to 26/26 )

Example (Naaqisah case): A deceased leaves behind a mother, father, daughter, wife and a full brother. Mother and father each inherit 1/6, the daughter 1/2, the wife 1/8, in this case the full brother does not inherit (P = precluded).

Inherit Inheritance rate Inheritance portion calculated
mother 1/6 4/24
father 1/6 4/24
daughter 1/2 12/24
wife 1/8 3/24
Full brother P 0/24

Since in the above example only 23/24 go to the heirs as fixed shares, this is a Naaqi s ah case. The remaining part of 1/24 in this case goes to the father (Asabah inheritance).

Further examples

E are the heirs below.

  • E: Husband, two sons, one daughter: In this case the husband receives 1/4 as quota inheritance, the daughter with the sons together as Asabah receives the rest in a ratio of 2: 1, i.e. H. each son receives 3/10 of the total inheritance, the daughter 3/20 (3/4 divided into five parts)

testament

"O you who believe, when death approaches one of you at the time when (he makes) his legacy, the testimony should be given among you by two righteous persons of yours, or by two others, ( which (are) not of you when you travel about the country and then the misfortune of death strikes you. You are to hold on to them after you have prayed, and when you have doubts, they are to swear by Allah: 'We do not sell it for any price, even if it is related to a relative, and do not hide the testimony of Allah; otherwise we truly belonged to the sinful. '"

Koran Sura al Maida vers 106

It is necessary to draw up a will, which according to Sharia law has to be certified by two witnesses.

“Ibn 'Umar, may Allah be pleased with both, reported: The Messenger of Allah, may Allah bless him, said:' It is not right for a Muslim who has something to bequeath to spend two nights without keeping a will that he has written down with himself. '"

Saheeh Muslim Hadith No. 3074

The obligation to do so is only due if there is property. However, one can only determine over a third of the inheritance with the will and only favor people who do not fall under the named beneficiaries. The will is executed before the quotas are calculated.

Problems

In many countries where Sharia law does not apply, there should be consensus among relatives on the applicable inheritance law. It should be noted here that, according to Sharia law, Muslims do not inherit from people of other faith and vice versa. The inheritance share or the inheritance can also be sued in court, whereby the inheritance law of the state in which the heirs live or that of the country of origin of the testator can be determined in court. This can lead to the will of the testator regarding the heirs not being fulfilled.

literature

  • Koran Sura an- Nisa verses 7 to 12
  • Quran Surah Al- Maidah verse 106
  • Tafsir Al-Quran Al-Karim, author: Abu-r-Rida 'Muhammad Ibn Ahmad Ibn Rassoul, Verlag arcelmedia, page 228ff.
  • Hadith Sahih Muslim Hadith No. 3074
  • "Muhammedanisches right after schafiitischer doctrine", author Eduard Sachau , publishing W.Spemann 1897, page 185 et seq. ( Digital copy in the Internet Archive )
  • "Islamic-inspired inheritance law and German public policy" author Pattar, Andreas Kurt, Duncker & Humblot publishing house, Berlin 2007, from page 136 ff.
  • "Bahishti Zewar English - Heavenly Ornaments" Author Maulana Ashraf Ali Thanvi, Taj publishers, ISBN 978-8185213224

swell

Individual evidence

  1. ↑ http://www.islam-wissen.com/publikationen/islamologische-enzyklopaedie/gebote-der-bekleidung-ernaehrung-und-habenstandsangelektiven/die-erbrechte-personen-und-ihre-einteilung/
  2. ↑ http://www.islam-wissen.com/publikationen/islamologische-enzyklopaedie/gebote-der-bekleidung-ernaehrung-und-habenstandsangelektiven/die-erbrechte-personen-und-ihre-einteilung/
  3. ↑ http://www.islam-wissen.com/publikationen/islamologische-enzyklopaedie/gebote-der-bekleidung-ernaehrung-und-habenstandsangelektiven/die-erbrechte-personen-und-ihre-einteilung/
  4. ↑ https://arrayyana.wordpress.com/2010/11/05/das-islamische-testament/