If a couple died together in an accident, who inherits from whom?

I have a relative who died along with her husband in an accident when
they had only been married for about five months. This was her first
marriage but hehad another wife and sons and daughters, and when he
died (the first wife) was still married tohim.
My question is: who inherits from my relativewho was the second wife?
And what is to be included in her estate? Who is entitled to the gold
that her deceased husband gave to her at her wedding? Does it go to
her heirs or the heirs of the husband, or to both? How should it be
divided? Please note that he has sons and daughters, and a father and
siblings, and she hasa mother, two sisters and a brother.
With regard to the delayed portion of the mahr that was agreed upon in
the marriage contract, should the husband's family give it to her
heirs or is her andtheir right to it waived?
She had a separate house that the husband rented to be a marital home,
and he furnished it and equipped it; to whom should the furniture and
equipmentgo?
He also owned a house in which he and his first wife and children
lived; can my relative inherit any part of it and of what her husband
left behind, or not?.
Praise be to Allaah.
Firstly:
When a person dies he may be inherited from by his living heirs, so it
isessential to establish whether the heir was still alive after the
person died. In the case asked about here, if it becomes clear to us
that one of the spouses died after the other, even by a short moment,
then the one who died later inherits from the first one, then the
inheritance passes to his or her heirs after that.
But if we do not know which of the two spouses died first, then the
majority of scholars are of the view that it cannot be proven that
they inherit from one another, so neither of them inherits from the
other, because one of the conditions of inheritance is that we should
establish that the heir was still alive after the death of the
deceased, and this condition is not met in this case.
So the husband's estate should be divided among his heirs, and his
wife does not inherit anything from him.
And the wife's estate should be divided among her heirs, and her
husband does not inherit anything from her.
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said,
concerningthe ruling on a situation where a group of peoplewho would
inherit from one another died in an accident. He said: When that
happens, one of thefollowing five scenarios apply:
1. We know exactly who died last, so he inherits from those who
died first, and not the other way round.
2. We know that they all died at the same time,so there is no
inheritance among them, because one of the conditions of inheritance
is that the heir should still be alive after the death of the
deceased, de facto or de jure, but that is not the case here.
3. We do not know how they died; was it one after another or all
at the same time?
4. We know that they died one after another, but we do not know
exactly who died after whom.
5. We know who died after whom but then we forgot.
In the last three cases, they do not inherit from one another
according to the three imams [Abu Haneefah, Maalik and ash-Shaafa'i];
this is also the view favoured by al-Muwaffaq Ibn Qudaamah, al-Majd,
Shaykh Taqiy ad-Deen Ibn Taymiyah and our shaykhs 'Abd ar-Rahmaan
as-Sa'di and'Abd al-'Azeez ibn Baaz. This is the correct opinion,
because one of the conditions of inheritance is that the heir should
still be alive after the death of the deceased, de facto or de jure,
but this condition isnot met when it is not known. However the
Shaafa'is said that in the last scenario these decisions should be
delayed until they remember or agree, because remembering is not
something impossible.
End quote from Tasheel al-Faraa'id, p. 142, 143
Based on that, when dividing the wife's estate:
If the husband died afterthe wife, then he inherits from her, and her
estate is to be divided as follows:
The husband gets one half, the mother gets one sixth, and the
remainder goes to the brother and two sisters, with the male getting
the share of two females.
If we do not know whether the husband died after she did, then her
estate is to be divided among the mother and siblings as follows:
The mother gets one sixth, and the remaindergoes to the brother and
two sisters, with the male getting the share of two females.
With regard to this division of the husband'sestate:
If the wife died after he did, then she inherits from him and his
estate is to be divided as follows:
The two wives together get one eighth, the father gets one sixth, and
the children get the rest, with each male getting the share of two
females. The siblings do not get anything.
If we do not know whether the wife died after him, then she does not
inherit from him andhis estate is to be divided as mentioned above. So
the father getsone sixth, the first wife gets one eighth to herself,
and the children get the rest, with each male getting the share of two
females.
Secondly:
Your relative's estate is everything that she left behind of wealth
that she owned. That includes her mahr that was given to her, whether
it was gold or cash, as well as gifts that were given to her, because
they became her property.
With regard to the delayed portion of her mahr, this is a debt owed by
the husband, soit must be taken from hisestate and added to hers, then
divided among her heirs.
Also included in her estate is the diyah if the accident was caused by
an individual, whether itwas her husband or anyone else and her heirs
asked for the diyahor it was paid by the insurance.
With regard to the furniture and equipmentin the house, they belong to
the husband unless that was part of her mahr, as is customary in some
countries, or any part of it was given as a gift by the husband to his
wife.
Thirdly:
The husband's estate is whatever he left behind of wealth that
belonged to him. That includes thehouse that he owned. This estate is
to be divided among all his heirs.
With regard to this issue of inheritance, referenceshould be made to
the sharee'ah court so as to find out and list all thosewho are
entitled to inheritance and the estate, and to find out the
circumstances of death and which of the spouses died first. Because
there is a difference of scholarly opinion concerning inheritance
between thespouses in such cases, the one who should handle any cases
of disagreement among the heirs is the qaadi (judge).
And Allah knows best.

The Status of the Family in Islam

What does Islam teach about the family and theroles of men , women and Children?
Praise be to Allaah.
Before we find out about the role of Islam in organizing and
protecting the family, we should first find out what the situation of
thefamily was before Islam, and what it is in the West in modern
times.
Before Islam, the family was based on mistreatment and oppression. All
affairs were controlled only by men or in other words, the males, and
women and girls were oppressed and humiliated. An example of that is
that if a man died and left behind a wife, his son by another wife had
the right to marry her and control her life, or to prevent her from
getting married. Men were the only ones who could inherit; women and
children had no share. They viewed women, whether they were mothers,
daughters or sisters, as a source of shame, because they could be
taken as prisoners, thus bringing shame upon the family. Hence a man
would buryhis infant daughter alive, as is referred to in the Qur'aan,
where Allaah says (interpretation of the meaning):
"And when the news of (the birth of) a female (child) is brought to
any of them, his face becomes dark, and he is filled with inward
grief!
He hides himself from the people because of the evil of that whereof
he has been informed. Shall he keep her with dishonour or bury her
inthe earth? Certainly, evil is their decision"
[al-Nahl 16:58]
The family in the broader sense, i.e., the tribe, was based on
supporting one another in all things, even in wrongdoing.
When Islam came, it did away with all that and established justice,
giving each person his or her rights, even nursing infants, and even
the miscarried foetus who was to be respected and prayed for (i.e.,
given a proper funeral).
When you examine the family in the West today you will find that
families are disintegrating and the parents cannot control their
children, whether intellectually or morally. The son has the right to
go wherever he wants and do whatever he wants; the daughter has the
right to sit with whoever she wants and sleep with whoever she wants,
all in the name offreedom and rights. And what is the result? Broken
families, childrenborn outside marriage, (elderly) mothers and fathers
who are not looked after. As some wise men have said, if you want to
know the true nature of these people, go to the prisonsand the
hospitals and seniors' homes, for children do not remember their
parents except on holidays and special occasions.
The point is that many non-Muslims the institution of family is
destroyed. When Islam came it paid a great dealof attention to the
establishment of strong families and protecting them from things that
could harm them, and preserving family ties whilst giving each member
of the family animportant role in life.
Islam honoured women, whether as mothers, daughters or sisters. It
honoured women as mothers. It was narratedthat Abu Hurayrah (may
Allaah be pleased with him) said: A man came tothe Messenger of Allaah
(peace and blessings of Allaah be upon him) and said, "O Messenger of
Allaah, who among people is most deservingof my good company?" He
said, "Your mother." He asked, "Then who?" He said, "Your mother." He
asked, "Then who?" He said, "Your mother." He asked, "Then who?" He
said, "Then your father."
(Narrated by al-Bukhaari, 5626; Muslim, 2548)
Islam honours women asdaughters. It was narrated from Abu Sa'eed
al-Khudri that theMessenger of Allaah (peace and blessings of Allaah
be upon him) said: "Whoever has threedaughters or three sisters, or
two daughtersor two sisters, and takes good care of them and fears
Allaah with regard to them, will enter Paradise."
(Narrated by Ibn Hibbaan in his Saheeh, 2/190)
And Islam honours women as wives. It was narrated that 'Aa'ishah said:
the Messenger of Allaah (peace and blessings of Allaah be upon him)
said: "The best of you are those who are best to their wives, and I am
the best of you to my wives."
(Narrated and classed as hasan by al-Tirmidhi, 3895).
Islam gave women their rights of inheritance andother rights. It gave
women rights like those of men in many spheres. The Prophet (peace and
blessings of Allaah be upon him) said: "Womenare the twin halves of
men." (Narrated by Abu Dawood in his Sunan, 236, from the hadeeth
of'Aa'ishah; classed as saheeh by al-Albaani in Saheeh Abi Dawood,
216).
Islam encourages men totreat their wives well, and gives women the
freedom to choose their husbands; it gives women much of the
responsibility for raising the children.
Islam gives fathers and mothers a great deal of responsibility for
raising their children. It was narrated that 'Abd-Allaah ibn 'Umar
heard the Messenger of Allaah (peace and blessings of Allaah be upon
him) say, "Each of you is a shepherd and is responsible for his flock.
The leader is a shepherd and is responsible for hisflock. The man is
the shepherd of his family and he is responsible forhis flock. The
woman is the shepherd of her husband's household and is responsible
for her flock. The servant is a shepherd of his master's wealth and is
responsible for his flock." He said, I heard this from the Messenger
of Allaah (peace and blessings of Allaah be upon him).
(Narrated by al-Bukhaari, 853; Muslim,1829)
Islam paid a great deal of attention to implanting the principle of
respect for fathers and mothers, taking careof them and obeying their
commands until death. Allaah says (interpretation of the meaning):
"And your Lord has decreed that you worship none but Him. And that you
be dutiful to your parents. If one ofthem or both of them attain old
age in your life, say not to them a word of disrespect, nor shout at
them but address them in terms ofhonour"
[al-Isra' 17:23]
Islam protects the honour, chastity, purity and lineage of the family,
so it encourages marriage and forbids free mixing of men and women.
Islam gives each family member an important role to play. So fathers
and mothers take care ofthe children and give them an Islamic
upbringing; children areto listen and obey, and respect the rights of
fathers and mothers, on a basis of love and respect. Even our enemies
have borne witness to the strength of family ties among the Muslims.
And Allaah knows best.

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And Allah Knows the Best!

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Are We True Muslims? – I

Brothers in Islam! Who are true Muslims? Let Us see what Allaah
Almighty and His Messenger have to say about their lives and hearts:
Allaah Almighty Says (what means): {Say: My prayers and my sacrifices,
and my living and my dying are for Allaah Alone, the Lord of all the
worlds. No partnerhas He. Thus I have been commanded, and I am
foremost among those who surrender [themselves unto Him]} [Quran 6:
163–4].
The same theme is elucidated by the Prophet : "One who loves for the
sake of Allaah Alone and hates for the sake of Allaah Alone; and
whatever he gives, gives for the sake of Allaah Alone,and whatever he
withholds, withholds for the sake of Allaah Alone –indeed, he perfects
his Imaan (faith)." [Abu Daawood]
The Quran makes clear what Allaah Almighty demands of you. You should
devote yourselves wholly to the service of Allaah Almighty, you should
live for Him Alone, you should die for Him Alone. You, and the world
aroundyou, entirely belong to Allaah Almighty; let nobody have a
sharein what belongs to Allaah The Most High. That is to say, you
should not serve anyone but Him,nor live or die for anyone but Him,
Almighty.
The Prophet explains what the Quran has said. To be a true believer,
your love and enmity foreverything, all your affections, all relations
and transactions in yourlives, should have only one purpose: to seek
Allaah's Pleasure. Without this your faith itself will not be
complete; the possibility of rising higher in the sight of Allaah
Almighty does not arise. The greater the deficiency in this respect,
the more defective the faith.
Some people think that these qualities are required only to reach
higher spiritual stations and are not essential to Imaan (faith) and
Islam. In other words, even without these qualities a person can be a
good believer and a Muslim. This mistaken notion has arisen because
peoplein general do not differentiate between legal Islam and true
Islam which alone is truly authentic in the sight of Allaah Almighty.
Two Types of Islam
Legal Islam
Under legal Islam, on which jurists and states must base
theirdealings, what lies in your hearts and minds is not taken into
account, nor can it be. Your verbal affirmation and those essential
signs which must flow out of that affirmation are accepted as
sufficient evidence ofyour Islam. Anyone who affirms by word of mouth
belief in Allaah, the Messenger, the Quran, the Hereafter and other
articles of faith, and who also fulfils those necessary conditions
whichprovide proof of his affirmation, is considered part of Muslim
society and all dealings with him are to be conducted as with a
Muslim.
This definition provides the legal and cultural basis on which Muslim
society is organized. Its purpose is no more than that all those who
enter into the Muslim Ummah (nation) al recognized as Muslims: nobody
from among them can b called a disbeliever; every one of them must
have the same mutual legal, moral and social rights; they should be
entitled to marry among Muslims; they should be eligible to receive
the share in inheritance; all other civil relations should be
established with them.
True Islam
However, in the world-to-come, you cannot be judged as Muslim and a
believer on the basis of thislegal affirmation, nor on this basis will
Allaah Almighty accept you as one of His chosen servants. What will
count then is having faith in hearts, and willingly and wholly
submitting lives to Allaah Almighty. Whatever verbally affirmed is
meant for courts and for the common man and the Muslim society. For
they can only see the exterior, but Allaah Almighty seesdeep into your
hearts and knows precisely the degree of your faith.
How will He judge a man? Allaah Almighty will see whether he lived and
died for Him Alone, whether his loyalties to Him superseded all other
loyalties, whether his obedience and his service, indeed his entire
life, were devoted only to Him Almighty. If they were solely for
Allaah Almighty then he will be adjudged a believer and a Muslim,but
if they were for someone else, then he will not be adjudged a Muslim
nor a believer.Whoever falls short of this criterion will, to the
extent he falls short, be lacking in faith and Islam, irrespective of
how important a Muslim the world may judge him and of any high
positions he may hold. With Allaah only one thing matters: whether or
not you have given away in His way all that He Almighty has given you.
If you have, you will be granted the reward which is reserved for
those who are loyal and render the service that is due. Bu if your
submission has been less than total, if you spare any part of your
life from His service, your claim to be Muslims which implies that you
have wholly given up yourselves to Allaah Almighty, will be a
deceptive claim. Although you may be able to mislead the world and
persuade the Muslim society to grant you its membership and all the
rights of Muslims, Allaah The All-Knowing cannot be deceived into
assigning a place for you among His faithful.
Reflect on the differences between legal Islam and true Islam and you
can see that their consequences will vary greatly, not only in the
Hereafter but also in this world; the life pursuits, character and
disposition of a true Muslim will be totally different from one who
merely parades the outward trappings of faith. You will always
encounter these two types of Muslims.

Are We True Muslims? - II

Two Kinds of Muslims
Partial Muslims
Some Muslims profess faith in Allaah Almighty and the Messenger and
declare Islam as their religion; but then they confine this Islam to
only a part of their lives. To the extent of thispart, they express
great attachment to Islam, extensively perform worship rituals like
Prayers, use of the rosary, remembrance of Allaah Almighty.They are
very particular in conforming to outward piety in matters like food,
dress and other external social, cultural customs. Thus they are fully
'religious'.
But beyond these conventions their lives are not according to what
Allaah Almighty commands.If they love, they love for the sakeof their
own selves, their country,their nation, or for anything else, but not
for Allaah Almighty. If they become displeased, are angry, hate
someone, make enemies, or wage war, it too is for the sake of some
worldly or selfish interest. Their relations with their businesses,
their wivesand children, families, societies — will all be to a great
extent unaffected by Islam and based onsecular considerations. As
landlords, traders, rulers, soldiers, professional people — inall
spheres they will behave as if they are autonomous, having no
connection with their position as Muslims. When such people establish
cultural, educational and political norms and institutions, these have
nothing to do with Islam, even though they may seem Islamic.
True Muslims
The second kind of Muslims are those who completely merge their
personalities and existencesinto Islam. All the roles they have become
subordinate to the one role of being Muslims. They live asMuslims when
they live as fathers, sons, husbands or wives, businessmen, landlords,
laborers,employers. Their feelings, their desires, their ideologies,
their thoughts and opinions, their likesand dislikes, all are shaped
by Islam. Allaah's guidance holds complete sway over their hearts and
minds, their eyes and ears, their bellies, their sexual desires, their
hands and feet, their bodiesand souls. Neither their loves nor their
hatreds are formed independently of Islamic criteria. Whether they
fight or make friends, it is purely for the sake ofIslam. If they give
anything to anybody, it is because Islam requires it to be given. If
they withhold anything from anybody,it is because Islam wants it to be
withheld.
And this attitude of theirs is not limited to personal lives; their
public lives, their societies are also based entirely on Islam. Their
collectivity exists for Islam alone; their collective behavior is
governed by the precepts of Islam alone.
What Kind of Muslims Allaah Almighty Desires
The above two kinds of Muslims are significantly different from each
other, even if, legally, both are included in the Ummah and the word
`Muslim' is applied to both equally. Historically the first kind of
Muslims have made no achievement which may be worthy of mention or
which merits our being proud of it. Nothing these 'Muslims' have done
has left an Islamic imprint on the pages of world history. The world
has received no benefitfrom their existence; indeed, Islam has
suffered decay because of them. Because of the preponderance of such
`Muslims' in Muslim society, power and world leadership largely passed
into the hands of rebels against Allaah Almighty. For these `Muslims'
have been content merely with ensuring that they enjoy the freedom to
live religiously within the narrow confines of their private lives.
Allaah Almighty never desired to have such `Muslims'. Nor did He
Almighty send His Prophets or reveal His Books to make them. Indeed it
is the second kind of Muslims who are desired by Allaah Almighty. Only
they can ever accomplish anything worthwhile from the Islamic point of
view.
Supreme Loyalty to Allaah Almighty
This is not a phenomenon peculiar to Islam. In fact, no way of life
can ever prevail in the world if its followers accord theirfaith and
commitment a subordinate position in their lives. Or, if they live and
die for causes other than their faith. We see even today that only
those are considered real and true followers of a creed or ideology
who are loyal to it with their hearts and souls. Every creed in the
world desires such adherentsand no creed can prevail in the world
except through such followers.
However, there is an important difference between Islam and other
creeds and ideologies. Although others demand from men total loyalty
and dedication, they in fact have no such right upon him, their claims
are entirely unjustified. The objects they place before men are not
the kind of objects for which a human being should sacrifice anything.
But Allaah almighty for whom Islam demands the sacrifice of life has a
right upon us. Everything must be given in His way, for whatever
exists in heaven and on earth belongs to Allaah Almighty. Man himself,
whatever he possesses, and whatever lies within him, all belong to
Allaah Almighty. It is therefore in perfect harmony with justice as
well as reason that whatever belongs to Allaah Almighty must be
reserved only for Him Alone. Whatever sacrifice man makes for others
or for his own benefit or to gratify his desire is indeed a breach of
trust unless it be with the permission of Allaah Almighty. And
whatever sacrifice is made for Allaah Almighty is in reality a payment
of what is due.
But, one lesson Muslims must learn from those who are sacrificing
everything for the sakeof their false ideologies and false gods: how
strange it is that, while such unimaginable dedication, sacrifice and
fidelity isbeing shown for false gods, not even a thousandth part of
it is shown for the True God by those who profess faith in them.
Where Do We Stand?
Let us examine our lives by the crucial criteria of Imaan and Islam as
laid down by the Quran and the Prophet .
If you claim that you have accepted Islam, have you oriented your
living and your dying towards Allaah only? Are you living for His
cause alone? Areyour hearts and minds, your bodies and souls, your
time and efforts, being devoted to the fulfillment of Allaah's
commands? Is that mission beingaccomplished through you whichHe wants
to be fulfilled by the Muslim Ummah? And, again, do you obey and serve
only Allaah? Have you eliminated from your lives subservience to
selfish desires and obedience to family, brotherhood, friends, society
andstate?
Have you made your likes and dislikes totally subordinate to what
Allaah Desires? If you love somebody, is it really for the sakeof
Allaah? If you dislike somebody, is that too for the sake of Allaah?
Is no element of selfishness involved in this? Do you give and
withhold only for the sake of Allaah? Are you spending on your own
selves andgiving wealth to other people, or withholding the same,
because that is what Allaah Almighty wants? Is your motive nothing but
to gain His pleasure?
If you find such a state of faith and submission within yourself, you
should thank Allaah that He has bestowed upon you the blessing of
Imaan in its fullness. And if you feel any deficiency, youmust give up
every other concernand worry and concentrate wholly on remedying this
deficiency. For on its removal depends your wellbeing in this world as
well as your success in the Hereafter. Whatever success you may enjoy
in the present life will not compensate you for the loss you will
suffer in the Hereafter due to this deficiency. But if you make up for
this deficiency, even if you gain nothing in this world, you will
benefit immensely in the life to come.
Do not use this criterion to test or judge others and determine
whether they are Believers or hypocrites and Muslims or disbelievers;
use it only to judge your own selves and, if you detect any
deficiency, try to remove it before you meet Allaah Almighty. How a
mufti (religious jurist) or a court judges you should be of least
concern to you;it is only the judgment of the Supreme Ruler and Knower
of theseen and unseen which matters. Do not become happy merely on
seeing your names registered as Muslims, but remain anxious about how
and where your names are entered in the Register of Allaah Almighty.
Real success consists in your being judged as believers and
nothypocrites, obedient and not disobedient, faithful and not
unfaithful, by that God who is thefinal Judge.

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