Re: Bangladesh clerics warn intermim govt against changing inheritance laws
:k::k:
Re: Bangladesh clerics warn intermim govt against changing inheritance laws
So what if there are no sons? then what?
Also, is it a total sin if the parent dies and leaves what they want for their children, taking each separate individual sitaution (daughter is unmarried for xample) in mind? or it HAS to be that daughter only gets half of what her brother gets? i mean who enforces the law of inheritance, esp with ppl living in non-islamic contries?
Re: Bangladesh clerics warn intermim govt against changing inheritance laws
The way you go around it, is that in your lifetime you can gift whatever you want to whomever you want. No rule in the Quran that says you must bequeth equal amounts of material wealth to each of your children while you're alive.
So what people will do is within their lifetime, they'll hand over a portion of their wealth to their kids. Then whatever is left at time of death gets divided up according to Islamic percentages.
For example, I am co-owner of all the property and assets my parents own, along with my sibling. They die, and it automatically belongs to us - 50/50. Will my Dad's siblings get anything? Nope.
One of my aunts is unmarried. Her mother, instead of giving family heirlooms to the sons equally - gave the majority of that gold and jewelry to her daughter. The mother is still alive, and so for all concerns and purposes, its a gift from mother to daughter, which no one can stop. Now are the sons gong to get any of the gold? Aside from what they've already gotten, no. The gold was used as "wedding gifts" to the sons, and so they've gotten their shares which they each gave to the wives. Now the wives, including my dearest mother, bicker about it, but that was my grandmother's right to give whatever she wanted to her one unwed daughter who has a very average paying job and who wouldn't be able to make it out alone on that salary in Karachi. Now is God going to get mad that the sons weren't given double the amount of gold? I would hope He has more Compassion than that.
Re: Bangladesh clerics warn intermim govt against changing inheritance laws
The way you go around it, is that in your lifetime you can gift whatever you want to whomever you want. No rule in the Quran that says you must bequeth equal amounts of material wealth to each of your children while you're alive.
So what people will do is within their lifetime, they'll hand over a portion of their wealth to their kids. Then whatever is left at time of death gets divided up according to Islamic percentages.
For example, I am co-owner of all the property and assets my parents own, along with my sibling. They die, and it automatically belongs to us - 50/50. Will my Dad's siblings get anything? Nope.
One of my aunts is unmarried. Her mother, instead of giving family heirlooms to the sons equally - gave the majority of that gold and jewelry to her daughter. The mother is still alive, and so for all concerns and purposes, its a gift from mother to daughter, which no one can stop. Now are the sons gong to get any of the gold? Aside from what they've already gotten, no. The gold was used as "wedding gifts" to the sons, and so they've gotten their shares which they each gave to the wives. Now the wives, including my dearest mother, bicker about it, but that was my grandmother's right to give whatever she wanted to her one unwed daughter who has a very average paying job and who wouldn't be able to make it out alone on that salary in Karachi. Now is God going to get mad that the sons weren't given double the amount of gold? I would hope He has more Compassion than that.
I've heard something similar too. The point is that whatever is given while the parent(s) are alive is not counted when the inheritance is distributed.
Re: Bangladesh clerics warn intermim govt against changing inheritance laws
Thanks PCG, but i wasn't asking about when they're alive..but rather dead.
I mean who actually makes sure that the will and estate is distributed according to Islamic principles? esp if someone is living in a non-Islamic country?
Re: Bangladesh clerics warn intermim govt against changing inheritance laws
In a non-Islamic country, no one. At that point its up to you to observe the proper distribution practices by writing up a will that instructs your lawyer to follow the Islamic method. You can outline by percent - what goes to whom. Otherwise state inheritance laws set in.
In places like Pakistan, I think its built into the system of laws. The government would enforce it. Theoretically. What really ends up happening in Pakistan and other muslim countries, I'm not sure of.
Re: Bangladesh clerics warn intermim govt against changing inheritance laws
Otherwise it is discriminatory - no different from polygamy, 1st cousin marriage etc which give it a bad taste and name
I strongly disagree with that. From what I've seen, what gives Islam a bad name is mostly the Muslims themselves, and that on account of them not practicing deen.
The most you can ever do about it is to exercise your own choice and out of your own choice not do it. You cannot however make it haram since in the Qur'an, they are both already permissible and that will never change. There's absolutely nothing you or anyone else can do about it.