Distribution of Inheritance under Islamic Law: An Appraisal of Online Inheritance Calculators

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Shahbaz Cheema

Abstract


Distribution of Inheritance under Islamic Law: An Appraisal of Online Inheritance Calculators




 


Abstract:


 




With the proliferation of the internet, new modes of access and dissemination have been invented. This paradigmatic shift is not only providing a stimulus for science and technology, but traditional fields of knowledge, such as religious studies and allied disciplines, are also among its beneficiaries. Once it was an uphill task to find a scholar well versed in Islamic inheritance law and ask for advice on the distribution of a deceased’s estate. Various online inheritance calculators have made it convenient, and to some extent, eliminated the inevitability of the consultation with scholars of inheritance. In this background, the paper analyzes some accessible online inheritance calculators and explores their strengths and weaknesses. For evaluative purposes, two benchmarks are devised: one is ‘accuracy score’ and another ‘efficiency grade’. The outcome of the assessment is mixed. Despite the accessibility of online calculators, one should not repose outright confidence without being aware of their merits and demerits. Some calculators have evolved a smooth and efficient system to solve a large number of propositions of inheritance, while others lack proficiency and accuracy.


 



 

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How to Cite
Cheema, Shahbaz. 2021. “Distribution of Inheritance under Islamic Law: An Appraisal of Online Inheritance Calculators”. Journal of Islamic Thought and Civilization 11 (1). https://journals.umt.edu.pk/index.php/JITC/article/view/1228.

References

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Al-Sirajayyah or the Mahommedan Law of Inheritance (Translated by Sir William Jones (1792) & Edited by Almaric Rumsey) (Calcutta: Thacker, Spink & Co. 2nd Edition, 1890), vii.
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D. F. Mulla, Principles of Mahomedan Law (Edited by M. A. Manan) (Lahore: PLD Publishers, 1995), 84; Tanzil-ur-Rahman, A Code of Muslim Personal Law (Vol. 2) (Karachi: Islamic Publishers, 1980), 474 (Dhawi al Furud, Asbat and Dhawi al-Arham); Asaf A. A. Fyzee, Outlines of Muhammadan Law (Edited by Tahir Mahmood), (Oxford University Press, 5th ed, 2009), 320 (Quranic heirs, agnatic heirs and uterine heirs); Hamid Khan, The Islamic Law of Inheritance (Karachi: Oxford University Press, 2007), 70-73; Syed Ameer Ali, The Personal Law of the Mahommedans (London: W. H. Allen & Co. 1880); Faiz Badruddin Tyabji, Muhammadan Law: The Personal Law of Muslims (Bombay: N. M. Tripathy & Co. 3rd Edition, 1940); Al-Haj Mahomed Ullah Ibn S Jung, The Muslim Law of Inheritance (Allahabad: S. Sultan Law Publishers, 1934) 36; Neil B. E. Baillie, The Moohummudan Law of Inheritance According to Aboo Haneefa and His Followers (Calcutta: Thacker & Co., 1832); Coulson, Succession; Al-Sirajayyah.
Shahbaz Ahmad Cheema, Islamic Law of Inheritance: Practices in Pakistan (Islamabad: Shariah Academy, 2017), 46; Khan, The Islamic Law of Inheritance, 78; Al-Sirajayyah, 14-15.
Mulla, Principles of Mahomedan Law, 102-104; Al-Sirajayyah, 23; Sabuni, Al-Mawarith, 67-68 (Asabah bi-Nafsihi, Asabah bi-Ghairihi and Asabah ma’a Ghairihi); Cheema, Islamic Law of Inheritance, 61; Rahman, Muslim Personal Law, 519; Fyzee, Muhammadan Law, 332 (agnates in their own, agnates in the right of another, and agnates with another).
Fyzee, Muhammadan Law, 323; Khan, The Islamic Law of Inheritance, 94. Mulla, Principles of Mahomedan Law, 120.
Al-Sirajayyah, 27-28; Cheema, Islamic Law of Inheritance, 71-82; Fyzee, Muhammadan Law, 336-337;
Mulla, Principles of Mahomedan Law, 115; Fyzee, Muhammadan Law, 332; Khan, The Islamic Law of Inheritance, 92-94; Cheema, Islamic Law of Inheritance, 112-124.
Mulla, Principles of Mahomedan Law, 98; Fyzee, Muhammadan Law, 331; Cheema, Islamic Law of Inheritance, 99-112; Khan, The Islamic Law of Inheritance, 91-92.
Ibn Rushd, The Distinguished Jurists’ Primer: A Translation of Bidayat Al Mujtahid (Translated by Imran Ahsan Khan Nyazee) Vol. 2, (UK, Garnet Publishing, 1996), 425-426; Muhammad Abdul Rauf, Al-Mirath: Inheritance According to the Shariah Law of Islam (USA: Al-Saadawi Publications, 2000), 16-20.
Tahir Mahmood Kiani (Translator & Editor), The Mukhtasar Al-Quduri: A Maunual of Islamic Law According to the Hanafi School (London: Ta-Ha Publications, 2010).
Cheema, Islamic Law of Inheritance, 99-112.
Tanzil-ur-Rahman, A Code of Muslim Personal Law (Vol. 2) (Karachi: Islamic Publishers, 1980), 536; Coulson, Succession, 91.
Coulson, Succession, 49; Rahman, Muslim Personal Law, 530.
Cheema, Islamic Law of Inheritance, 157.
Cheema, Islamic Law of Inheritance, 163.
Cheema, Islamic Law of Inheritance, 164.
Cheema, Islamic Law of Inheritance, 106.
Cheema, Islamic Law of Inheritance, 108-109.
Cheema, Islamic Law of Inheritance, 110-111.
Sabuni, Al-Mawarith, 76-77.
Sabuni, Al-Mawarith, 126.
Sabuni, Al-Mawarith, 127. Maliki school does not apply the rule of radd and suggests that the remainder would be deposited in Bait ul Maal (public treasury). See Coulson, Succession, 49.
Cheema, Islamic Law of Inheritance, 129-131.
Cheema, Islamic Law of Inheritance, 128-129.
Sabuni, Al-Mawarith, 57-58; Mouasa Fiqhiyia, Vol. 3, 132; Coulson, Succession, 45-46. It is one of the propositions known as Umariyyatan.
Sabuni, Al-Mawarith, 57-58; Mouasa Fiqhiyia, Vol. 3, 132; Coulson, Succession, 45-46. It is one of the propositions known as Umariyyatan.
Mouasa Fiqhiyia, Vol. 3, 132. The solution is in accordance with majority of scholars except Imam Abu Yusuf who is of the opinion that grandfather would also be treated like father, and the mother would have one third from the remainder after giving the spouse his/her share.
Coulson, Succession, 73-76. The above proposition is solved according to Hanafi and Hanbali schools of law. On the contrary, Maliki and Shafi schools argue, following 2nd Caliph Umar’s later decision, that the share of one third of uterine brothers would be distributed among uterine and full brothers equally. This proposition is termed as Himariyya.
Coulson, Succession, 80. The solution above mentioned is in line with Hanafi school. On the contrary, the majority of other Sunni schools suggest that grandfather would not exclude full sister and they both share the residue. The grandfather would have double share than that of the full sister. See Coulson, Succession, 84.
Sabuni, Al-Mawarith, 111. This solution is in line with Hanafi and Hanbali schools. However, other schools, following Zaid bin Thabit, resolve it differently. This proposition is famously termed as Al-Akdariyya. See Coulson, Succession, 88-89; Sabuni, Al-Mawarith, 111-112.
https://shariahstandards.org/about-us (Accessed on 4/7/2020).
Ibid.
Cheema, Islamic Law of Inheritance, 52-55.
http://inheritance.ilmsummit.org/projects/inheritance/faq.aspx (Accessed on 7/7/2020).
http://inheritance.ilmsummit.org/projects/inheritance/home.aspx (Accessed on 7/7/2020).
http://inheritance.ilmsummit.org/projects/inheritance/chart.aspx (Accessed on 18/7/2020).
http://inheritance.ilmsummit.org/projects/inheritance/faq.aspx (Accessed on 7/7/2020).
Jung, The Muslim Law of Inheritance, 36.
Cheema, Islamic Law of Inheritance, 80-82.
Coulson, Succession, 80.
Coulson, Succession, 84.
Coulson, Succession, 88-89.
http://www.lubnaa.com/money/InheritCalc.php (Accessed on 4/7/2020).
http://www.inheritance-calculator.com/advocate-muhammad-waqas.php (Accessed on 13/7/2020).
http://www.inheritance-calculator.com/contact.php (Accessed on 13/7/2020).
http://www.inheritance-calculator.com/faq-islamic-inheritance-calculator.php (Accessed on 13/7/2020).
Ibid.
Ibid.
http://www.inheritance-calculator.com/introduction-islamic-inheritance-calculator.php (Accessed on 13/7/2020).
http://www.inheritance-calculator.com/inheritance-disclaimer.php (Accessed on 13/7/2020).
Baillie, The Moohummudan Law of Inheritance, 111.
Coulson, Succession, 49.
Payne, The Mahomedan Law of Inheritance, 22, See footnote (o).
Coulson, Succession, 49-50; Baillie, The Moohummudan Law of Inheritance, 111.
Coulson, Succession, 91; Cheema, Islamic Law of Inheritance, 126.
Coulson, Succession, 92-107; Cheema, Islamic Law of Inheritance, 127-133.
Mouasa Fiqhiyia, Vol. 3, 132.
Al Sirajiyyah, V-VI.
For introduction of the developer of the online calculator and his educational background, see https://openlibrary.org/authors/OL6884914A/Assoc._Prof._Dr._Halis_Aydemir (Accessed on 5/7/2020).
https://kurandersleri.net/miras/en/Miras_Ayetler_en.html (Accessed on 5/7/2020).
“Allah is recommending you concerning your children: To the male like the share of two females”.
[email protected] (Email of the developer as provided on the website).
http://www.miraas-in-islam.com/english/about.aspx (Accessed on 12/7/2020).
http://www.miraas-in-islam.com/english/inQuraan.aspx (Accessed on 12/7/2020).
http://www.miraas-in-islam.com/english/index.aspx (Accessed on 12/7/2020).
http://www.miraas-in-islam.com/english/Massail.aspx (Accessed on 12/7/2020).
The developer claims to have enumerated 300 legal heirs. See http://www.miraas-in-islam.com/english/about.aspx (Accessed on 12/7/2020).

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