THE GENERAL PRINCIPLES OF SHARIA LAW OF SUCCESSION



Those are so of the general rules of Sharia law of succession, as it's has been legally noted that no general rules without exceptions thou those rules are not outside same doctrine 'No general rules without exceptions', however, all those rules that will be outline below any one of them that I find it's exception during the effort of my research I will try my possible best to indicate it's exception, it's expected that any person who is reading this article is will equipped with the the terms and terminologies of mirath, because I will strictly used the terms on mirath herein this write up, however you can read more on terms and terminologies of mirath,


PRINCIPALS

1. In general any who is link to a decease true a legal heir will inherit

2. In general all categories of brothers will inherit and their children will also inherit with the exception of the children of U.B

3. For any of the children of the brothers or P.U to inherit, those children must be male

4. In general with the exception of spouse, brothers, sisters, father, mother, children, and MM, any other person claiming to be a legal heir must fulfill two conditions which are 

(A) The claimant must be a male

(B) The link between the decease and the claimant must be a male

5. In general any killing that attract diyya, is an impediment of inheritance, that is the person who kill a deceased person can't inherit that same deceased person

6. Ascendants of close degree EX remoter ascendants 

7. Descendants of closer degree EX remoter descendants 

8. Uterines are ex by F, FF (hhs) and any child male or female (hls)

9. D can only totally EX uterines but not anybody else 

10. GB and GS  can't EX uterines

11. Brothers and sisters are preferred over uncles

12. Anytime as sister ( GS or CS ) is competing with D, that sister will inherit as a residua

13. In general ratio 2:1 is not applicable in regards to uterines what ever is given to them but males and females will share equally

14. Who ever claim inheritance true a link is EX, in the presence of that link, with  the exception of uterines who claim link true mother and a mother can't EX them

15. Who ever EX, EX for his or her on benefit

16. Father can't EX MM, but Mother can EX MF and MM.

17. Qur'anic heirs are always consider above asabahs

18. In general male descendants EX all make Ascendants with the exception of F, FF (HHS)

19. F.p.u EX h.p.u, h.p.u EX f.p.u.s, f.p.u.s EX h.p.u.s

20. G.b Ex c.b, c.b EX g.b.s, g.b.s EX c.b.s.

21. 2D EX G.S in the absence of G.B

22. 2G.S  EX C.S 

23. Grand mother can never inherit more than ¹/6 

24. In case where but MM and MF are eligible to inherit both of them will be given ¹/6 to share equally

25. In the presence of Brothers or or Sisters Mother will be given ¹/6 even if the Brothers/Sisters are EX from the inheritance


Conclusion

Aforementioned are some of the key general principles of mirath which are very important for all seekers of the knowledge of Sharia to know, because they will help him to easily know the other concepts of mirath


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