First cause: Marriage
UnderSharee'ah, marriage refersto the valid marital contract -- even
in the absence of meeting inseclusion between the spouses or sexual
intercourse between them. Both spouses inherit from each other, so
long as the maritalcontract is in effect between them. For example, if
a man divorces his wife and her'Iddah)post-marriage waiting period(
elapses, then there would be no mutual inheritance between them, due
to the termination of the marriage, which is the cause of inheritance.
However, if he divorces her during his fatal sickness and is accused
of having done so with the intention of preventing her from
inheritance, in this case, sheinherits )her share of( his property
even )if he dies( after the conclusion of her'Iddah, and even if she
gets married to another person according to the opinion of some
scholars ofFiqh)Islamic jurisprudence(, by way ofopposing the wrongful
husband and nullifying his purpose.
Second cause:Walaa')allegiance of an ex-slave to his ex-master(
This is a kind of kinship. If a master frees his slave, a kind of
relation calledWalaa')allegiance( starts to exist between them. It is
a favor done by the master to his slave out of his bounty, whereby he
brings him out of slavery to freedom.
Third cause: Real Kinship
Kinship is a connection between two persons by virtue of birth, beit a
close or far connection. Every man or woman with whom one has a
connection by birth, no matter how close or far, whetherfrom the side
of the father or from the side of the mother, or from the side of both
together, isone's kin. This is the strongest cause of inheritance.
The heirs from among the kith and kin are divided into three divisions:
1-The ascendants: The deceased's father, grandfather)the father's
father(, up to all levels of similar relationships from the side of
the father; and the deceased's mother, and grandmother being related
to him/her through a male or a female heir.
2-The descendants: The deceased's sons and sons of his son down to all
levels, and his son's daughter down to all levels of her father.
3-Non-ascendant /descendant relations: They are the
deceased'ssiblings;whether they are full or half-brothers or sisters,
the male children of his/her full brothers and half-brothers from the
side of the father, his paternal uncles who are his father's full
brothers,or half-brothers from the side of the father up to all
levels, the paternal cousins down to all levels.
These are the three causes of inheritance agreed upon among scholars.
They deserve, in the presence of a sound mind and disposition, to be
causes of inheritance. There are other causes which are subject to
dispute, as to whether or not they are regarded as causes of
inheritance, likeBayt Al-Maalof the Muslims )Muslim treasury(, the
kith and kin who are not heirs, etc.
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