Heirs and their Shares


Book Description

From the Foreword by Rubén F. Balane, Ateneo Law School professor: “Walking with Pedro through his multifarious, protean life as single, as married, and as widower, Atty. Rotor-Hilado explains to the reader the various possible kinds of heirs he might have and the various options he may choose to dispose of his estate. He may, of course, choose to leave this world without a will. To whom, then, will his properties go? Or he may decide to make a will. How much, then, can he give away? “Through this marvelous and informative book, Atty. Rotor-Hilado, using her lawyer’s knowledge and couching it in terms that are free of the ponderousness of legalese, guides the reader who is a non-lawyer to an adequate acquaintance with the law of succession—adequate, that is, as a basis for deciding to whom and in what amounts his estate should go when he himself goes . . . “I invite the reader, across the broad band of the economic spectrum, whether he owns a fortune or a piece of real estate the size of a flower pot, to embark on this information-filled journey through successional law.”




Heirs and Their Shares


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Islamic Law


Book Description

Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.




Inheritance According to the Five Schools of Islamic Law


Book Description

This work on the Shariah or Islamic Law offers a comparative study of the Divine Law that, according to authentic Islamic doctrines, embodies the Will of God in society. In the Islamic world view, God is the ultimate legislator. The five major schools that are used in the comparison are: Hanafi, Hanbali, Shafi'i, Maliki and Jaf'ari. The present book, vol. 7 of 8, is dedicated to dissecting the intricate ways of Inheritance, the conditions and situations that may occur. The issue is presented according to the five Schools of thought.




Louisiana Successions


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Mirath


Book Description

When a person dies, his ownership of his property ends, and is to be given to his heirs. It is Allah's Ta'ala favour upon us that He has not made the disposal of that wealth as charity necessary, but rather, He in His wisdom knows that the death of any person is a great loss to their relatives and an even greater loss to their dependents who relied upon them for provision. That said, Allah Ta'ala also knew that Man has greed. And it is this greed that causes brother to hate brother and sister, and to usurp the rights of the less persuasive. For this reason, Allah has fixed, very clearly in the Qur'an, the allotted shares of the relatives of the deceased. This has been further mapped out in the Ahadith by the Prophet of Allah Ta'ala so as to leave no scope of doubt or leeway for argument in who gets what. Everyone will get their share: No more, no less. This prevents the greedy from getting more than their share and it stops the undefended from receiving less than their allotment. In Islam the concept of the wealth only going to the first born son is seen as oppressive. Islam has also distinguished the different levels of dependency of the closer relatives and has stipulated amounts varying in quantity in different circumstances. The factors that lessen one relative's share is the presence of another relative, who also has a considerable relationship with the deceased. There are times when an allotment may seem unfair, these will also be explained. For example, of two inheriting brothers, one may be financially well off whereas the other is poor. This will not mean that the poorer brother will get everything or more than the richer brother. This is because inheritance is not charity and is given on account of the strength of the relationship not on account of who is more needy. Both brothers in this aspect are equal, and will thus receive an equal share. This book only deals with the financial side of the events around death. For an in-depth look at the rites of passage of the burial please refer to our publication, "What to do when a Muslim Dies".




The Islāmic Law of Succession


Book Description