Islamic Law of Inheritance and Distribution of the Deceased’s Estate in the Light of Shariah Teachings

اسلامی قانون ِوراثت اور ترکہ کی تقسیم:شرعی تعلیمات کی روشنی میں

Abstract

The title “Division of Property” primarily refers to the distribution of inheritance, and the present study likewise focuses on the Islamic law of inheritance distribution. Since the division of an estate is not possible without first properly formulating the inheritance problem (masʾala), this study begins by explaining the method of preparing inheritance calculations and subsequently elaborates on the principles governing the actual distribution of inheritance. Given that certain inheritance scenarios differ from standard cases, a separate section is devoted to addressing such exceptional situations. Accordingly, this thesis is structured into three main sections. The first section, Inheritance Calculations, deals with the technical preparation of the masʾala. Its most crucial component is the determination of mukhārij al-furūḍ (denominators of the fixed shares), which are discussed in detail. Since these denominators may sometimes increase or decrease, the principles of ʿawl and radd are examined to resolve such complexities. Furthermore, when shares cannot be evenly divided among heirs, the method of taṣḥīḥ al-masāʾil (correction of the inheritance problem) is explained to ensure accurate allocation of shares. The second section, Distribution of Inheritance, addresses the practical application of these calculations. The distribution process is carried out in two stages. The first stage explains how the estate is distributed among the deceased’s heirs, detailing both group-based and individual shares. The second stage discusses the preparation of the masʾala and the subsequent distribution of the estate among creditors, where applicable. In cases where heirs do not receive their precise shares, the process of taṣḥīḥ al-taqsīm (correction of distribution) is comprehensively discussed. The third section focuses on Special Cases in Inheritance Distribution. These include situations where an heir relinquishes his or her share in return for a specific asset from the estate, a process known as takhāruj, as well as cases where one or more heirs die successively before the estate is fully distributed, resulting in complex redistribution issues known as munāsakha. Both matters are analyzed in detail to clarify their legal implications and practical resolution.