Fiqh of Inheritance, - The Importance of Inheritance

Allaah The Almighty has determined the obligatory shares of
inheritance Himself – a task which He entrusted neither to a close
angel nor to a sent Prophet. He determined the share of each heir in
the inheritance, which He showed in detail )in His Book(, unlike many
rulings which were mentioned in a general and brief way in the Book.
In addition, theSunnah)tradition( of the Prophet,sallallaahu 'alayhi
wa sallam,came to give a detailed explanation about these rulings,
just like the rulings regarding prayers,Zakaah)purifying alms(
andHajj)pilgrimage(.
In relation to the obligatory shares of inheritance, the verses of
inheritance were revealed in detail as shown in the beginning and end
ofSurat An-Nisaa'. Allaah The Almighty calls them His limits, and
promises to give a great reward to the one who abides by them and does
not transgress them, and threatens to punish the one who transgresses
them. He Says )what means(:}These are the limits ]set by[ Allaah, and
whoever obeys Allaah and His Messenger will be admitted by Him to
gardens ]in Paradise[ under which rivers flow, abiding eternally
therein; and that is the great attainment. And whoever disobeys Allaah
and His Messenger and transgresses His limits -- He will put him into
the Fire to abide eternally therein, and he will have a humiliating
punishment.{]Quran 4:13-14[
Ibn Katheer, may Allaah have mercy upon him, said,"There are
narrations that encourage learning the obligatory shares of
inheritance, the most important of which are these )mentioned in
verses 11-12(. In relation to this, it was narrated by Abu Daawood and
Ibn Maajah, may Allaah have mercy upon them, on the authority of
'Abdullaah ibn 'Amr, may Allaah be pleased with him, that the Prophet,
sallallaahu 'alayhi wa sallam, said:"Three things are essential to
learn, and what is beyond them is just favorably optional: a precise
)Quranic( Verse, a standing Sunnah )tradition( or a just prescribed
obligatory share )of inheritance(."]Weak narration[
The Prophet,sallallaahu 'alayhi wa sallam, ordered that the obligatory
shares of inheritance should be distributed among those entitled to
them. He said:"Distribute the property )of the deceased( among those
who are entitled to the obligatory shares )of inheritance( according
to the )laws of( the Book of Allaah, and what is left )from the
property( after distributing the obligatory shares should be given to
the closest male heir."]Al-Bukhaari and Muslim[
Scholars called the science of the obligatory shares )of inheritance(
half the knowledge. Ibn 'Uyaynah, may Allaah have mercy upon him,
said,"The science of the obligatory shares )of inheritance( is called
half the knowledge for all the people are in need of it."

Fiqh of Inheritance, - The Wisdom Behind Prescribing Inheritance

Allaah The Almighty has honored man in this worldly life and preferred
him over many creatures, as confirmed by His Statement )which
means(:}And We have certainly honored the children of Aadam )Adam( and
carried them on the land and sea and provided for them of the good
things and preferred them over much of what We have created, with
]definite[ preference.{]Quran 17:70[
Man has been made a successor to authority, which makes him in need of
the means that guarantee his survival, maintain his succession to
authority and sustain his worldly affairs.
Allaah The Almighty has made property a means of sustenance, as shown
in His statement )which means(:}And do not give the weak-minded your
property, which Allaah has made a means of sustenance for you.{]Quran
4:5[
Money sustains the worldly interests of people, and it is the means by
which they fulfill their requirements. Man needs it as long as he is
living, and once he dies, he no longer needs it. Thus, it is necessary
to have a successor and a new owner of his property. If the new owner
is someone who is capable of taking the property by force and
overpowering others, then, it would lead to mutual hatred and disputes
among people, and inheritance would be subject to power struggles and
strife. If, on the other hand, the property is assigned )after one's
death( to cats, dogs, and domestic animals -- which is sometimes the
case in some laws -- surely, the people's benefits and interests will
be lost and their needs will not be met.
For this reason, theSharee'ah)Islamic legislation( has assigned
inheritance to the deceased person's relatives so that people would
rest assured of the destiny of their property, as they are naturally
eager to benefit those with whom they have a strong relationship of
blood, marital relation or allegiance. If a person dies and leaves
property, according to the IslamicSharee'ahthat takes into
consideration all the benefits of people, it should be distributed
among his relatives with justice. This means distributing the
inheritance beginning with the closest and then the next of kin to him
and so on, like the children, the father and those next to them in the
degree of kinship. Allaah The Almighty Says )what means(:}This day I
have perfected for you your religion and completed My favor upon you
and have approved for you Islam as religion.{]Quran 5:3[

Dought & clear, - Ruling on doing the marriage contract over the phone or Internet

Is it valid to do the marriage contract over a WebCam? Because I heard
that it is not permissible as one of the conditions of marriage is
that it should be done in one place?
Praise be to Allah.
The proposal (eejaab) and acceptance (qubool) form one of the pillars
or essential parts of the marriage contract, without which it is not
valid. The proposal is said by the wali (guardian) or his proxy and
the acceptance is said by the husband or his proxy.
It is stipulated that the proposal and acceptance should come in one
sitting. It says inKashshaaf al-Qinaa'(5/41): If there is a lapse of
time between the proposal and acceptance, it is valid so long as both
are done in the same gathering and there is no distraction that would
count as an interruption according to local custom, even if the
interval between the two is lengthy. But if they part before the
acceptance is spoken after the proposal has been issued, then the
proposal becomes invalid. The same applies if there is a distraction
that interrupts the proceedings according to local custom, because
that is turning away from it and it is as if the proposal had been
rejected. End quote.
Similarly, it is also stipulated that witnesses be present in order
for the marriage contract to be valid.
Based on that, the scholars differed with regard to doing the marriage
contract by using modern needs such as the telephone and the Internet.
Some of them say that that is not permissible, because of the absence
of witnesses, even though the presence of two witnesses on the phone
at the same time comes under the same ruling as if they were in the
same place. This is the view of the Islamic Fiqh Council (Majma'
al-Fiqh al-Islami).
Some of the scholars are of the view that this should be disallowed,
as a precaution to protect the marriage, because it is possible to
imitate a person's voice and thus deceive others. This is what is
stated in fatwas issued by the Standing Committee for Issuing Fatwas.
Some of the scholars regard it as permissible so long as there is no
risk of tampering. This is what was stated in fatwas issued by Shaykh
Ibn Baaz (may Allah have mercy on him).
Thus it is known that the problem is not the issue of being the same
place, because contact between both parties at the same time via the
phone or Internet comes under the same ruling as if they were in the
same place.
It is also possible for this marriage contract to be witnessed, by
hearing the voice of the speaker over the phone or Internet; in fact
with technological advances nowadays it is possible to see the wali
and hear his voice when he makes the proposal, and it is also possible
to see the husband.
Hence the most correct view with regard to this matter is that it is
permissible to do the marriage contract over the phone or Internet, if
there is no danger of tampering, the identity of the husband and wali
is proven, and the two witnesses can hear the proposal and acceptance.
This is what was stated in fatwas issued by Shaykh Ibn Baaz (may Allah
have mercy on him), as stated above. It is also what is implied by the
fatwa of the Standing Committee, which disallowed marriage in such
cases as a precaution and for fear of deceit.
The one who wants to be on the safe side may do the marriage contract
by appointing proxies; so the husband or guardian may appoint someone
to do the marriage contract on his behalf in front of witnesses.
There follow the comments of scholars that confirm what we have referred to:
1.Statement of the Islamic Fiqh Council:
Statement no. 52 (6/2) concerning the ruling on contracts via modern
needs of communication.
After stating that it is permissible to do contracts via modern means
of communication, the Council said:
The guidelines mentioned above do not apply to the marriage contract,
because of the stipulation that witnesses be present in that case. End
quote.
2.Fatwa of the Standing Committee for Issuing Fatwas:
Question: if the pillars or essential parts and conditions of the
marriage contract are fulfilled, except that the wali and the husband
are in different countries, is it permissible to do the marriage
contract by phone or not?
Answer: because nowadays deceit and trickery are widespread, and some
people are skilled at imitating others, and some are able to make
their voice sound like a number of people, male and female, young and
old, and even speak different dialects and languages, so that the
listener thinks that several people are speaking when in fact it is
only one person, and because Islamic sharee'ah is concerned with
protecting people's chastity and honour, and takes more precautions
than other religions with regard to contracts and dealings, the
Committee thinks that it is not appropriate, with regard to marriage
contracts, the proposal and acceptance, and appointing proxies, to
handle such matters over the phone. This is in order to achieve the
aims of sharee'ah and protect people's chastity and honour, so that
those who follow whims and desires and those that seek to deceive and
cheat people will not be able to toy with matters of marriage. And
Allah is the source of strength.
End quote fromFataawa al-Lajnah ad-Daa'imah, 18/90
3.Fatwa of Shaykh Ibn Baaz (may Allah have mercy on him)
Question:
I want to get married to a girl and her father is in another country;
at present I cannot travel to meet him and do the marriage contract,
for financial or other reasons. I am currently in a foreign country.
Is it permissible for me to call her father so that he can say to me,
"I give you my daughter So and so in marriage," and I can say, "I
accept." The girl agrees to the marriage and there are two Muslim
witnesses who can listen to what I say and what he says, via the
speakers on the phone. Is this regarded as a legitimate marriage
contract?
Answer:
The website put this question to Shaykh 'Abd al-'Azeez ibn 'Abdullah
ibn Baaz (may Allah have mercy on him) and he replied that if what is
described is true (and there is no tampering involved), then it
fulfils the conditions of shar'i marriage and the marriage contract is
valid. And Allah knows best.

Dought & clear, - How old should the sacrificial animal be?

Is there a specific age for the sacrificial animal? Is it permissible
to slaughter a cow as a sacrifice when it is one and a half years
old?.
Praise be to Allaah.
Firstly:
The scholars (may Allaah have mercy on them) are agreed that Islam has
prescribed the age for sacrificial animals and it is not permissible
to slaughter animals that are younger than that. Whoever slaughters an
animal that is younger than that, it does not count as a sacrifice.
Seeal-Majmoo'by al-Nawawi, 1/176.
For example, al-Bukhaari (5556) and Muslim (1961) narrated that
al-Bara' ibn 'Aazib (may Allaah have mercy on him) said: A maternal
uncle of mine whose name was Abu Burdah slaughtered his sacrifice
before the prayer, and the Messenger of Allaah(peace and blessings of
Allaah be upon him) said to him: "Your sheep is a sheep for meat
(i.e., not a sacrifice)." He said: "O Messenger of Allaah, I have a
young goat (according to another report: I have a young she-goat)
(according to a report by al-Bukhaari (5563): I have a jadha'ah which
is better than two musinnahs – shall I sacrifice it?)" The
Prophet(peace and blessings of Allaah be upon him) said: "Sacrifice
it, but that will not be valid for anyone but you." According to
another report: "It will not count for anyone after you." Then he
said: "Whoever slaughters (the animal) before the prayer has
slaughtered it for himself, and whoever slaughters it after the prayer
has offered the sacrifice and followed the way of the Muslims."
This hadeeth indicates that a jadha'ah of goats (young goat) is not
sufficient as a sacrifice. We will explain below what jadha'ah means.
Ibn al-Qayyim said inTahdheeb al-Sunan:
The phrase "It will not count for anyone after you" is a definitive
statement that it would not count for anyone after him. End quote.
Muslim (1963) narrated that Jaabir (may Allaah be pleased with him)
said: The Messenger of Allaah(peace and blessings of Allaah be upon
him) said: "Do not slaughter anything but a musinnah, unless it is too
hard for you, in which case you should slaughter a young sheep
(jadha'ah min al-da'n).
This hadeeth also clearly states that only a musinnah can be
slaughtered, except in the case of sheep, where a jadha'ah may be
offered.
Al-Nawawi said inSharh Muslim:
The scholars said:
A musinnah is a thaniyyah of anything, camel, cow or sheep, or
anything over that age. This clearly indicates that it is not
permissible to slaughter a jadha'ah of any animal in any
circumstances, except sheep. End quote.
Al-Haafiz said inal-Talkhees, 4/285:
The apparent meaning of the hadeeth suggests that a jadha'ah of sheep
is not permissible except if one cannot find a musinnah. Scholarly
consensus says something different, so this hadeeth should be
understood as referring to what is better. So it is mustahabb not to
slaughter anything but a musinnah. End quote.
Al-Nawawi said inSharh Muslim:
It says in 'Awn al-Ma'bood:
This interpretation is the one which is correct. End quote.
Then he quoted some of the ahaadeeth which indicate that it is
permissible to offer a jadha'ah of sheep as a sacrifice, such as the
hadeeth of 'Uqbah ibn 'Aamir (may Allaah be pleased with him) who
said: "We slaughtered a jadha'ah of sheep with the Messenger of
Allaah(peace and blessings of Allaah be upon him)." Narrated by
al-Nasaa'i, 4382. al-Haafiz said: Its isnaad is qawiy (strong). It was
classed as saheeh by al-Albaani inSaheeh al-Nasaa'i.
It says inal-Mawsoo'ah al-Fiqhiyyah(5/83) concerning the conditions of udhiyah:
The second condition is that it should have reached the age of
sacrifice, by being a thaniyyah or older in the case of camels, cows
and goats, and jadha'ah or older in the case of sheep. A sacrifice
does not count if the animal is younger than a thaniyyah except in the
case of sheep, or if it is sheep that is younger than a jadha'ah…. The
fuqaha' are agreed upon this condition, but they differed as to what
is meant by thaniyyah and jadha'ah. End quote.
Ibn 'Abd al-Barr (may Allaah have mercy on him) said:
I do not know of any dissent with the view that a jadha'ah of goats or
anything else that is offered as a sacrifice apart from sheep is not
permissible. Rather it is permissible to sacrifice a thaniyyah or
anything older than of all of these. It is permissible to sacrifice a
jadha'ah of sheep according to the Sunnah. End quote fromTarteeb
al-Tamheed, 10/267.
Al-Nawawi said inal-Majmoo'(8/366):
The ummah is agreed that with regard to camels, cows and goats,
nothing will do except a thaniyyah, and with regard to sheep, nothing
will do but a jadha'ah, and that these are all acceptable. But some of
our companions narrated that Ibn 'Umar and al-Zuhri said: A jadha'ah
of sheep does not count. It was narrated from 'Ata' and al-'Awzaa'i
that a jadha'ah of camels, cows, goats and sheep does count. End
quote.
Secondly:
With regard to the stipulated age of sacrificial animals, the scholars
differed concerning that.
A jadha'ah of sheep is a sheep that has reached the age of six months,
according to the Hanafis and Hanbalis. According to the Maalikis and
Shaafa'is it is a sheep that has reached the age of one year.
The musinnah (or thaniyyah) of goats is one that has reached the age
of one year according to the Hanafis, Maalikis and Hanbalis. According
to the Shaafa'is, it is one that has reached the age of two years.
The musinnah of cows is one of the has reached the age of two years
according to the Hanafis, Shaafa'is and Hanbalis; according to the
Maalikis it is one that has reached the age of three years.
The musinnah of camels is one that has reached the age of five years
according to the Hanafis, Maalikis, Shaafa'is and Hanbalis.
SeeBadaa'i' al-Sanaa'i', 5/70;al-Bahr al-Raa'iq, 8/202;al-Taaj
wa'l-Ikleel, 4/363;Sharh Mukhtasar Khaleel, 3/34;al-Majmoo',
8/365;al-Mughni, 13/368.
Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him) said inAhkaam al-Udhiyah:
The thaniyyah of camels is one that has reached the age of five years.
The thaniyyah of cows is one that has reached the age of two years.
The thaniyyah of sheep is one that has reached the age of one year.
The jadha'ah is one that has reached the age of half a year. It is not
acceptable to offer anything younger than a thaniyyah in the case of
camels, cows and goats, or anything younger than a jadha'ah in the
case of sheep.
It says inFataawa al-Lajnah al-Daa'imah(11/377):
The shar'i evidence indicates that a sheep that has reached the age of
six months may count as a sacrifice, as may a goat that has reached
the age of one year, a cow that has reached the age of two years, and
a camel that has reached the age of five years. Anything younger than
that does not count as a hadiy or udhiyah. This is what the Qur'aan
refers to when it says (interpretation of the meaning):"sacrifice a
Hady (animal, i.e. a sheep, a cow, or a camel) such as you can afford"
[al-Baqarah 2:196], because the texts of the Qur'aan and Sunnah
explain one another. End quote.
Al-Kaasaani said inBadaa'i' al-Sanaa'i'(5/70):
These ages, as defined in sharee'ah, are minimum ages, not maximum
ages. Sacrificing an animal that is younger than that is not
permitted, but if an animal that is older than that is sacrificed, it
is permitted and is better. It is not permitted to sacrifice a lamb,
kid (young goat), calf or young camel, because the ages of animals
that we have mentioned were narrated in sharee'ah and these were not
mentioned among them. End quote.
So it is clear that slaughtering a cow that is younger than two years
old will not count as a sacrifice according to any of the imams.
And Allaah knows best.