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Rules of inheritance 2.

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Rules of inheritance 2.

2021. április 01. - 19:38

Concepts involved in the process of inheritance

Legator
A testator is the person who is still alive or has died and has a right of ownership and disposal over the legacy.
The deceased may be real dead, judged as dead or estimated as dead. Real deceased is the one whose life is over. Judged as dead is the person against whom the judge renders that judgment. Such is the one who is sentenced to death, untraceable, disappeared and one who forsook the faith of Islam, i.e., committed apostasy (Riddah, ردة .( Apostasy in Islam is tantamount to breaking the relationship with Islamic laws. One becomes disenfranchised from an Islamic point of view.
Estimated as dead for example a fetus that lived in the womb but was stillborn. According to Sharia, a fetus after fourth-months of age is a person with full rights who can inherit and be a legator, regardless of whether he/she was stillborn.

Heir
The person who has the right to inherit according to Islamic regulations.

Legacy, heritage
Asset or right, left by the testator, be it emoluments, properties or burdens. Among the rights, privities in law, Qisas (legitimate avenge), fines, pledges, unpaid fees, obligations with a business partner are inherited further. If the right is linked to a person like guardianship, fosterage, welayat (trustee in faith or property), passing through a given area (easement), watering (water use) then is not inherited.

Rights that may arise upon inheritance

If the testator pledged his asset before his/her death and received the amount of the pledge and died, the asset will belong to the one who lent the money for the pledge until the heirs redeem the asset. If the testator has paid a deposit for an item but has not paid for its full price and dies, the ownership of the item remains with the seller until the heirs pay the full price of the item. If the testator leases an asset or apartment and has paid it in advance for a certain period, the right of beneficiary is transferred to the heirs until the end of the tenancy. If they do not renew the tenancy, the right to dispose over the asset or apartment is returned to the owner.

The deceased has the right to be prepared for funeral, to receive the last honors and to be buried. This includes washing the dead, shrouding, memorial service, digging and shaping the grave, burial etc. These costs are normally deducted from the legacy. If the deceased is poor, the cost of the funeral should either be treated as a debt what is inherited by the heirs or is met from the donation of wealthy citizens. If these options are not available, the Beyt al-Mal (State Treasury) will have to pay the costs. One thing is for sure: all dead, whether poor or rich, has right for last honors.

If the testator made vows and offerings to Allah (SWT) and their fulfillment was prevented by his/her death, it is expected from his/her heirs to redeem them. It can be anything like a pilgrimage on behalf of him/her, fasting, humanitarian donation etc. It is the duty of every Muslim to ensure the peace of conscience of the dead.

If several heirs die at the same time, e.g., an entire family drowns because the ship they are traveling on sinks or a father and son are victims of an act of war, a house falls on family members, etc., these persons are automatically deprived of the right to inherit from each other. Their legacy must be put together as one legacy, which is inherited by those who survived.

If someone is disappeared but the news of their death has not been confirmed and there is no judicial judgment declaring them dead, they have the right to inherit until their death is confirmed by a judicial decision. Until their situation is finally decided, their share must be reserved and deposited with their next of kin.

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