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The heirs

Heirs may be males or females. There are nine types of male relatives: 1) son; 2) grandson and lower male grandchildren; 3) father; 4) grandfather and higher male grandparents; 5) brother or half-brother; 6) nephew who is the son of a half-brother who has a different mother. If the deceased has the same mother then his nephew does not inherit; 7) paternal uncle; 8) son of a paternal uncle who is a full brother of the deceased’s father or a half-brother born to the same father; 9) husband

What prevents inheritance

Murder: All scholars agree that a deliberate murder is a cause that precludes inheritance. The murderer cannot inherit from his victim.Slavery: During the time when slavery was a recognized system, slaves could not inherit.If the heir and his deceased relative belonged to different faiths. The Prophet says: ‘A Muslim does not inherit from an unbeliever, nor does an unbeliever inherit from a Muslim.’

Conditions of Wills

The testator must be a person who is qualified to make a donation, by being an adult of sound mind. There are, however, two exceptions: a young testator who makes a will regarding his own funeral and burial, as long as this is within what is reasonable, and a weak-minded person making a will for charitable purposes, such as teaching the Qur’an or building a hospital.

Types of wills

Obligatory: A will to ensure the repayment of debts and return things held in trust; Recommended: A will made in favor of relatives who are not heirs and for charitable purposes;  Reprehensible: A will made in favor of people who indulge in sin; Forbidden: A will created for a forbidden purpose, such as building a temple. A will is also forbidden if it amounts to harming any of one’s heirs. Permissible: A will made in favor of relatives and non-relatives who are well off. A will is deemed to have been made in one of three ways: a verbal statement, a written document, and a clear signal.

When custody is over

When the term of custody is over, if the child’s father and custodian agree to the child staying with either of them, their agreement is endorsed. If they do not come to an agreement, then the child is given the choice.

Child Custody

Definition: Child custody means, according to Islamic law, taking care of a child when it cannot look after itself, and to bring the child up, looking after it physically and mentally, protecting it against anything that could cause it harm.

Khula' (Dissolution of the marriage at the wife’s request)

Khula' refers in Islamic law to the dissolution of the marriage in specific words and in return for compensation paid by the wife to her husband.Allah says: ‘If you have cause to fear that they would not be able to keep within the bounds set by Allah, it shall be no offence for either of them if she gives up whatever she may in order to free herself’ (2: 229).

The husband’s rights

Wives should always keep their husband’s secrets, revealing them to no one. Allah says: ‘The righteous women are devout, guarding the intimacy which Allah has ordained to be guarded’ (4: 34).

Wife's Rights

The dowry: This is due to her by right. Being looked after: Which includes her food, clothes and home. All these must be provided by every husband to his wife.

The Dowry

The Dowry refers to the money the groom must pay to his bridegroom in connection with the marriage contract. Ruling: The husband must pay the dowry to his wife once the contract has been made, and it cannot be written off. This is clear from the Qur’an, as Allah says: ‘Give women their dower as a free gift’ (4: 4).

The marriage proposal

When a proposal is accepted, even implicitly, no other man may make a proposal of marriage to the same woman if he is aware of the first proposal. It is forbidden to make a direct expression of one’s desire to a widowed woman while she is in her waiting period.


Endowment means dedicating something that can give benefit, while retaining ownership of it, in order to gain reward from Allah. This means that the principal is retained, but the yield is given freely.


To borrow means to gain the benefit of something, but it remains intact. Borrowing is lawful and encouraged in Islam because it is implied in Allah’s order: ‘Help one another in furthering righteousness and piety’ (5: 2).

Conditions of Hire

Ijaarah means a contract to obtain a known benefit in an ongoing arrangement for a specific period from a known or described object, or a contract to get some specific work for a specified remuneration.