What are the rights related to inheritance, with details and evidence for them from the the Qur’an and Sunnah?
The rights related to a deceased person's estate are arranged into five categories according to priority when funds are limited:
1. Funeral Expenses: These include the cost of the shroud, washing, and burial, and take precedence over all other rights.
2. Debts Related to the Estate Itself: Such as mortgaged property, these take precedence over unsecured debts.
3. Unsecured Debts: These include human rights like loans and dowry, and the rights of Allah such as expiations, zakat, Hajj, and Umrah. The rights of Allah take precedence over the rights of humans, as the Prophet, peace be upon him, said: "The debt owed to Allah is more worthy of being fulfilled."
4. The Deceased's Bequest (Wasiyyah): This is executable from one-third of the wealth for non-heirs, and comes after debts, as Allah Almighty says: "after any bequest he may have made or any debt."
5. Rights of the Deceased's Heirs: These come last, after all previous rights have been fulfilled, as Allah Almighty says: "Allah instructs you concerning your children."
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- Original fatwa ID
- 41288
- Imported
- Translation status
- Source text, unreviewed
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