Who Inherits and How Much?

Author: 
Adil Salahi, Arab News
Publication Date: 
Mon, 2005-01-03 03:00

Q. My friend’s father died recently. My friend has two brothers and three sisters, and also his grandfather. How is the deceased’s property to be divided?

G. Khan

A. You have not told me if your friend’s mother, i.e. the deceased’s wife, has also survived him, or if he has another wife. Anyway, if the deceased’s wife is also alive she inherits one-eighth of his property, and if he has more than one wife, they share equally the same share of one-eighth. The deceased’s father, i.e. your friend’s grandfather inherits one-sixth of the property. The remainder goes to his children to be divided between them on the basis of two shares for a son and one share for a daughter. It should be remembered, however, that this division applies after the payment of the basic dues, which are, the costs of the deceased’s burial, any outstanding debts and any bequests he might have made in a will giving money to charity or to relatives who are not his heirs. When all these dues have been paid, his property is divided on the lines I have indicated.

Q. One of our colleagues died recently in a car accident, leaving behind his wife, mother, one brother and one sister. He had no children. How will his inheritance be divided among his heirs?

M.H. Basha

A. This case brings into operation one of the rules of inheritance that should be explained. When a person is survived by his parents and no children, his mother’s share is one-third of his estate, except when he has brothers and sisters. In this latter case, the mother’s share is reduced to one-sixth, whether the deceased’s brothers are entitled to any inheritance or not.

They do not inherit if the deceased’s father is alive, because his father blocks their inheritance. In the present case, this latter aspect does not apply. They inherit because the father is not alive.

After paying the priority dues, which include the deceased’s burial, any outstanding debts and any bequests by will he might have made, the man’s property, including any blood money or compensation paid, should be divided as follows: One-quarter to his widow, since they have no children, one-sixth to his mother, and the remainder is divided into three shares: One to his sister and two to his brother.

The Black Stone

Q. Please explain about the Black Stone in the Kaabah: What is it, where did it come from, and what is its significance?

Amina Khanum

A. The Black Stone is an easily distinguished stone, placed a little below shoulder level at one corner of the Kaabah. The act of worship which is particularly associated with the Kaabah, and never stops except when congregational prayer is held, is tawaf, which means walking round the Kaabah seven times in an anti-clockwise direction. Tawaf is one of the duties of pilgrimage and Umrah (mini-pilgrimage). It is also a recommended act of worship at all times. Moreover, it is the way to offer greeting to the Kaabah.

It is said that when Abraham completed the building of the Kaabah, with the help of his son, Ishmael, God commanded him to do the tawaf. He was not able to keep a correct count of the rounds he made. He felt that other worshippers would be similarly confused. He prayed God to give him a sign to be used for counting rounds. The Angel Gabriel brought him the Black Stone.

When one starts tawaf, and at the completion of each round, one should kiss the Black Stone or touch it with one’s hand, if it is possible, or signal to it from a distance, if the place is too crowded. As one does so, one should repeat this declaration: “There is no deity save God, God is supreme.” The significance of this particular action is best expressed by Umar ibn Al-Khattab, the second greatest figure among the companions of the Prophet and his second successor as ruler of the Islamic state, and a distinguished scholar. He addressed the Black Stone in these words: “I know that you are a stone which can cause no harm or benefit. Had it not been for the fact that I saw God’s Messenger (peace be upon him) kissing you, I would not have kissed you.”

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