Questions & Answers ON DAY-TO-DAY MASAIL OF MUSLIMS
By Mufti Jaseemuddin Qasmi | Coordinator, Online Darul Ifta www.maarkazulmaarif.org Email: firstname.lastname@example.org
Who does not deserve inheritance What is Mawane Irs and who do not deserve the inheritance? M. Haque, Assam The state in which one does not deserve the legacy is called ‘Mane Irs’. Mane Irs are four 1.To kill the parents, 2.To be a slave. 3.To have different religion, 4. To have divergent country in a way that one of the deceased and heir lives in Darul Islam while other lives in Darul Harb. [Al-Siraji Fil Miras] But now only two of them are found. First one is to be killer of heir. To take an example, if son kills his father, he would not be his heir. And second one is to have religion other than heir. For instance, a Hindu or Christian son will not be heir of his Muslim father likewise a Muslim son will not be inheritor of a Christian or Hindu father.
Wrong films I have a bad habit to see wrong films. How can I 46 EASTERN CRESCENT | MAY 2014
overcome over this and save myself? Anonymous, Mumbai Watching of shameless films is adultery of eyes. Prophet (saws) said: Eyes commit fornication. Imagining that Allah is watching what you do; you should repent over your sins and take oath that you would never commit these sins again. You should keep yourself busy as much as you can and in spare time you should read tasbeeh and durood on Prophet (saws).
Share of a daughter from first wife My father has living daughter from his first wife. After her death he married second time and he had three sons and three daughters from second wife. My father transferred his all property in the name of my late mother during his life time by registered gift deed and made her sole owner
as he was very sick and we were quite young children. What will be the share of his daughter from first wife in the total property as the entire property originally belongs to my late father? Anonymous, Mumbai If someone gives any gift in an illness in which he dies, his gift is considered a will [Al Mabsoot Li Al-Sarakhsi-12/97] and in Islam a will for an heir is invalid. [Jami` at-Tirmidhi, Hadith 2120] So your step sister will also get the same share as your real sister. Moreover, according to Shariah a gift means to give something to someone losing his right to deal with the gifted property as owner and giving full possession. Only to transfer the name for some purpose like safely etc is not sufficient for a valid gift. And your words “Very sick” “We were quite young children” “Entire property originally belongs to my late father” reflects that your father did not mean by this registration to deprive your step sister which is a grievous sin but rather he intended to save his property as you all were quite young children.
Questions & Answers If, suppose, he had intended to deprive your step sister, he would get punishment in Hereafter as Prophet (saws) said: “Who deprives a heir of inheritance, Allah will deprive him of his Paradise”, in this case, it was your ethical duty to give her share in the property to fulfill your responsibility and to save your father from Allah’s question as well.
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A woman who wants divorce What is law of Islam about woman who got married and gave birth to four children and now her husband got married with another woman because of her mischief and the first wife has been pregnant by other man?
Now the first wife is asking divorce so she can get married to her lover but her husband refused to give divorce. Now what is order of Islam? How will the woman be released by her husband? Mohammed Anzar Qasmi email@example.com Why she wants to part from
Questions & Answers her husband? Whether her husband does not fulfill his duty towards his wife or if he fears that after giving her divorce, she may put him in trouble going to court? However according to Shariah if relation between wife and husband is not able to continue with tranquility and peace due to severe differences between them, then
the Quranic order is that husband should free her with kindness and he should not oppress her making her life hanging in between. Allah Almighty says: “…either to retain in all fairness, or to release nicely.”[AlBaqrah -229] If husband is not ready to give her talaq in any case and even he is not ready to fulfill his duty, she should consult Darul
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Qaza, Belasis Road, KD Shopping centre, Nagpada, Mumbai-8.
And Allah knows the best.
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Published on May 8, 2014