Law of Mirath Essay Example

Law of Mirath Paper Inheritance could also be dined as the terminology used to mean the science or method of division of the property of the deceased person among his/her successors. Muhammad Dashiki, a great and famous Muslim Jurist had defined succession as a science by which persons (heirs) who inherit are distinguished from those who do not; the knowledge also ascertain in most cases, the quantum of the shares each inheritor is entitled to take. It all centers around the estate left by a deceased person. The science of Mirth is Shari gives rules which guide as to who inherits and who is to be inherited and what shares go to the heirs. The rules of succession are based on the principles that property which belonged to the deceased should devolve on those who by reason of consanguinity or marital relations have the strongest claim to benefit from it. The death of a person brings about transfer of most of his rights and obligation to persons who survive him. The transmissible rights includes all rights to property as well as rights connected with property and other dependent rights, such as debt, right to compensation and the reimbursable obligations which are capable of being satisfied out of the deceases estate. There are some verses of the Curran which refers to inheritance mirth in one way or the other. For instance in the following verses. To Allah belongs the inheritance of the heavens and the earth; and Allah is well acquainted with all that you do. L The prophet of Allah (Karri) have also prayed to Allah to be given successor to inherit him where he says or said:- And remember Karri, when he cried to his Lord: O my Lord! Leave me not without off-spring, though you are the best of inheritors. 2 We will write a custom essay sample on Law of Mirath specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Law of Mirath specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Law of Mirath specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The one concerning the prophet of Islam, Muhammad (SAW) where the people of Aquarius in Make resorted to machination and taunts against him. They used to say about him that he was a man with no posterity referring to the early death of his sons. One of them once remarked, Do not be bothered with him; he will die without descendant and that will be the end of his mission. Thus, one could simply say, mirth is concern with the heir, the estate left by the ceases person, ten moment AT Illustrating ten estates all toner relents wanly are capable of being satisfies and the classes of the heirs. The Muslim law of inheritance takes into account the fact that the property of the deceased should be applied primary to the support of persons who were entitled to be first supported by the deceased in his life time, and who have greatly suffered by his death. The Muslim law of succession is very important, in fact it is even one of the most important aspect of the family law with its establish rules and regulations that is guiding it. There is even a prophetic sayings, conveyed by Bin Major and Dark Quinn in the epitome of Djakarta al Quarter, declares: Try to learn the knowledge of Afraid: teach this knowledge to the youth: the knowledge of Afraid is half of (the whole religions knowledge. It will be this knowledge that my mama will forget first. With the above Tahiti we can see how great importance is the acquisition of the knowledge of inheritance that knowing it amount to knowing half the religious knowledge. With the death off person, his female relatives and daughters became a co-sharer with their male counterpart as stated in the following verses of the Holy Curran: From what is left by parents and those nearest related there is a hare for men and a share for women whether the property be small or large a determinate charge. Unlike during the pre-lilacs era where females were denied the right of inheritance from the property of their deceased relatives and even considered them as part of the inheritance to be inherited together with the estate. In the law of succession, property of the deceased person are divided among his heirs in a democratic basis, instead of handing it all over to the eldest son, as it used to be during the Auxiliary period. It also takes in to consideration those closest relatives who were pendent on the deceased. When he was alive and made them to have a greatest benefit. Other relatives are also considered for inheritance like brother, sister, uncle, son of sister. There is on favoritism in the sharing of the property or estate left, and in the will where by the testator shows his or her preference to one person over the other by giving much to him or her and none or very little to the others. Allowance is also made for bequest, if the testator wishes to help a person or charitable cause. The making of a bequest is encouraged by the holy prophet, but t should not exceed one third of the total property, and should not be in favor of one of the heirs, but to the people outside the heirs or charitable organization or mosque and schools. Bequest or will is encouraged even before the final introduction of the Islamic law of inheritance where it says. It is prescribed when death approaches any of you, if he leaves any goods, that he make a bequest to parent and next if kin, according to a reasonable usage. This is due from Allah fearing person. If any one changes the bequest after hearing it, the guilt shall be on those who make the change. For Allah hears and knows all things. From all that has been said above, one can say that the rights and duties of the individual do not end with his death. This is illustrated by the rules of inheritance wanly regulate want must De cone rater ten eaten AT ten owner Ana Detour ten Tall division of the property among the heirs. The people in charge of disposing or dividing the estate are strictly warned to have the same fear in their mind as then would have if they had left a helpless family behind. They are to observe the principle of Justice, be kind and helpful.