Office Of Grand Ayatollah Sayyed M.S.Al-Hakeem


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Inheritance
Q [1]  If a son or daughter of a Muslim leaves Islam and becomes an apostate, does he have the right of inheritance?
The non-Muslim does not inherit from the Muslim.
Q [2]  If a son dies and we do not know if his father died before or after him, how is the inheritance spread?
If the time of the son’s death is known and the time of the father’s death is unknown, then in this case, the father inherits the son and not vice versa.
Q [3]  My father has recently died. My grandfather and grandmother, my mother, 4 brothers and 3 sisters are the inheritors. How can we divide his Inheritance?
The inheritance is divided as follows:
Each one of parent’s share is the sixth. The wife’s share is the eighth from all the inheritance except the worth of lands if any. The children take the rest of inheritance where each male’s share is twice as the share of the female.
Q [4]  If the inheritance of a deceased person is to be divided between his sons and daughters, how is it divided? Does the daughter get her share from the land and buildings, or just the buildings?
The inheritance should be divided in a way that each daughter has half the amount of each son. The daughters inherit from the land and buildings, similar to the sons. However, the widowed wife does not inherit from the land.
Q [5]  If the deceased has three children, and a fourth son died and he has three grandchildren through him, will his grandchildren inherit from the grandfather the share of their deceased father?
They do not inherit in the said case.
Q [6]  If a man is married to a woman who has children from a previous marriage. Do they inherit the man when he dies?
They are not entitled to inherit from him.
Q [7]  If a woman has conceived a child before marriage and she marries the same man whose child she is bearing, what will be the ruling about the child?
The said child is that of the father by whose sperm he was conceived as well as the mother’s child. The child belongs to both of them but does not inherit the father as he was born illegitimately.
Q [8]  If the husband dies just after marriage contract, but before the wedding ceremony and consummation of the marriage, does the wife inherit from him?
The wife inherits her husband when the marriage contract takes place.
However, if the man is ill – and clearly appears to be so – when the marriage contract takes place, she will inherit from him only if they consummated the marriage. If the marriage was not consummated in this case, she does not inherit from him after his death, and there is no dower, and there is no need for her to observe the waiting period (Iddah).
Q [9]  My father is still alive and he has given some property to me. Now, my sisters say that they want inheritance. Is there any inheritance from a living person?
There is no inheritance from a living person. If you received the property and it became under your control, then you own it. It is not considered as part of your father’s inheritance after his death. If you did not receive it, then it is considered as inheritance after the death of your father.

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