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Monday, April 22, 2013

Inheritance: how tosplit assets?

Question:
Regarding inheritance,let's say the parents have several resources(for
e.g. house/land, gold and money), how would they split those amongst
their children? Would they split each resource equally or can they
evaluate the total amount and decide how they want to distribute the
resources as long as the total amounts are equal?
Answer:
Wa alaikum salaam,
Divinely ordained shares of inheritance pertain to every single piece
of wealth the deceased leaves behind individually. Therefore, when the
actual inheritance comes into effect, (upon the death of the family
member whose estate is to be distributed), each of the heirs will have
their stipulated share spread out over every resource. In order to
facilitate division, at that time, they may enter into mutual
agreements and allocate the estate in the best way they see fit,
subject to the conditions of wealth division mentioned in the books of
Fiqh.
And Allah knows best. - - ▓███▓ Translator:->
http://translate.google.com/m/ ▓███▓ - -

Stipulations in Pre-Nuptial Contracts and Inheritance Laws

Question:
I have a question regarding the marriage contract and pre-nuptial
requests or agreements. Can the wife or the wife's family specify in
the marriage contract thatthe wife should receive a certain financial
sum or property etc if the husband should pass away while she is
married to him (for reasons of security). I understood that this kind
of issue is best covered in the Islamic will and completely voluntary,
not a form of bribery, i.e. the bride will only marry the groom if he
agreesto a kind of dowry or haqmar if he should pass away.
Answer:
Wa alaik as salam,
The wife is entitled to receive 1/4 of the husband's estate/assets in
case of his death if he is not survived by children and 1/8 if he is
survived by children. (See Sura AnNisa: 12)
The above will Islamicallyapply whether he has left behind a will or not.
The husband is obligatedto give his wife enough to take care of her
and the children's basic needs according to his and her financial
status. (See Sura At-Talaq: 7)
A certain amount may bestipulated for the husband to give his wife on
a periodic basis with mutual consent at the time of marriage or any
time after it and the husband will be legally obliged to pay that
amount. If any payments have been missed, the wife is allowed to take
that amount from her husband's assets at the time of his death before
distribution. (See Raddul Muhtar chapter on Nafaqah as given below)
A husband may also gift her a property or a certain amount of moneyfor
the sake of her security during his soundhealth without the intention
of depriving his other heirs.
If it is stipulated in the way mentioned in the question i.e. after
the death of the husband thewife will receive X amount, then this will
fall under the category of an Islamic will, and an Islamic will can
only be executed for non-heirs within 1/3 of the deceased's assets
balance after covering funeral costs and paying off debts. A wife
being an heir is not entitled to any share in the will unless all
heirs are of the age of puberty and they consent to it. Thus there are
two possible case scenarios:
1) One of the heirs is a minor; she will only be entitled to the
prescribed share that a wife is Islamically entitled to i.e. 1/4 if
there are no children or 1/8 if there are children. In this case the
wife will be entitled to her full share regardless of the stipulated X
amount.
2) All heirs are major andconsent to her having anextra share in the
will ontop of her prescribed share and the X amount is equivalent to
or less than 1/3 of the assets' balance; she will be eligible for the
full X amount plus her prescribed share.
3) All heirs are major andconsent and the X amount is greater than 1/3
but not greater than 1/3 plus the 1/8 she is entitled to; she will
receive her full 1/8 and the remainder from within 1/3 of the assets'
balance before distribution.
4) All heirs are major andconsent and the X amount is greater than 1/3
and 1/8 put together;she will receive the full 1/3 + her full 1/8 and
the remaining amount will only be given to her if one or the rest of
the heirs consent to giving up a portion of their share.
And only Allah Almighty knows best.
Mohammed-Umer Ibn Ibrahim
Sources: سنن الترمذي :2020 ‏حدثنا ‏ ‏بندار ‏ ‏حدثنا‏ ‏يزيد بن هارون ‏
‏أخبرنا ‏ ‏سفيان ‏ ‏عن ‏ ‏أبي إسحق ‏ ‏عن ‏ ‏الحارث ‏ ‏عن ‏ ‏علي ‏ ‏أنه
قال ‏ ‏إنكم تقرءون هذه الآية ‏ ‏من بعد وصية توصون بها أو دين ‏ ‏وإن
رسول الله ‏ ‏صلى الله عليه وسلم ‏ ‏قضى بالدين قبل الوصية وإن ‏ ‏أعيان
‏ ‏بني الأم يتوارثون دون بني ‏ ‏العلات ‏ ‏الرجل يرث أخاه لأبيه وأمه
دون أخيه لأبيه ‏ ‏حدثنا ‏ ‏بندار ‏ ‏حدثنا ‏ ‏يزيد بن هارون ‏ ‏أخبرنا ‏
‏زكريا بن أبي زائدة ‏ ‏عن ‏ ‏أبي إسحق ‏ ‏عن ‏ ‏الحارث ‏ ‏عن ‏ ‏علي ‏
‏عن النبي ‏ ‏صلى الله عليه وسلم ‏ ‏بمثله ‏
‏Bukahri:1213; حدثنا ‏ ‏عبد الله بن يوسف ‏ ‏أخبرنا ‏ ‏مالك ‏ ‏عن ‏
‏ابن شهاب ‏ ‏عن ‏ ‏عامر بن سعد بن أبي وقاص ‏ ‏عن ‏ ‏أبيه ‏ ‏رضي له عنه
‏ ‏قال ‏ ‏كان رسول الله ‏ ‏صلى الله عليه وسلم ‏ ‏يعودني عام حجة الوداع
من وجع اشتد بي فقلت إني قد بلغ بي من الوجع وأنا ذو مال ولا يرثني إلا
ابنة أفأتصدق بثلثي مالي قال لا فقلت بالشطر فقال لا ثم قال ‏ ‏الثلث
والثلث كبير ‏ ‏أو كثير ‏ ‏إنك أن تذر ورثتك أغنياء خير من أن تذرهم عالة
يتكففون الناس وإنك لن تنفق نفقة تبتغي بها وجه الله إلا أجرت بها حتى ما
تجعل في ‏ ‏في امرأتك فقلت يا رسول الله ‏ ‏أخلف ‏ ‏بعد أصحابي قال إنك
لن ‏ ‏تخلف ‏ ‏فتعمل عملا صالحا إلا ازددت به درجة ورفعة ثم لعلك أن تخلف
حتى ينتفع بك أقوام ويضربك آخرون اللهم أمض لأصحابي هجرتهم ولا تردهم على
أعقابهم لكن ‏ ‏البائس ‏ ‏سعد بن خولة ‏ ‏يرثي له رسول الله ‏ ‏صلى الله
عليه وسلم ‏ ‏أن مات ‏ ‏بمكة
‏Tirmidhy:2046 حدثنا ‏ ‏علي بن حجر ‏ ‏وهناد ‏ ‏قالا حدثنا ‏ ‏إسمعيل بن
عياش ‏ ‏حدثنا ‏ ‏شرحبيل بن مسلم الخولاني ‏ ‏عن ‏ ‏أبي أمامة الباهلي ‏
‏قال ‏ ‏سمعت رسول الله ‏ ‏صلى الله عليه وسلم ‏ ‏يقول في خطبته عام حجة
الوداع ‏ ‏إن الله قد أعطى لكل ذي حق حقه فلا وصية لوارث الولد ‏ ‏للفراش
‏ ‏وللعاهر ‏ ‏الحجر ‏ ‏وحسابهم على الله ومن‏ ‏ادعى ‏ ‏إلى غير أبيه أو
انتمى إلى غير ‏ ‏مواليه ‏ ‏فعليه لعنةالله ‏ ‏التابعة ‏ ‏إلى يوم
القيامة لا تنفق امرأة من بيت زوجها إلا بإذن زوجها قيل يا رسولالله ولا
الطعام قال ذلك أفضل أموالنا ثم قال ‏ ‏العارية ‏ ‏مؤداة ‏ ‏والمنحة ‏
‏مردودة والدين مقضي ‏ ‏والزعيم ‏ ‏غارم
Raddul Muhtar: رد المحتار على الدر المختار > باب النفقة > مطلب لا تصير
النفقةدينا إلا بالقضاء أو الرضا ( والنفقة لا تصير دينا إلا بالقضاء أو
الرضا ) أي اصطلاحهما على قدر معين أصنافا أو دراهم ، فقبل ذلك لا يلزم
شيء ، وبعده ترجع بما أنفقت ولو من مال نفسها بلا أمر قاض


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BANANA -A very interesting FACTS

This is interesting. After reading this, you'll never look at a banana
in the same way again.
Bananas contain three natural sugars - sucrose, fructose and glucose
combined with fiber. A banana gives an instant, sustained and
substantialboost of energy.
Research has proven that just two bananas provideenough energy for a
strenuous 90-minute workout. No wonder the banana is the number one
fruit with the world'sleading athletes.
But energy isn't the only way a banana can help us keep fit. It can
also help overcome or prevent a substantial number of illnesses and
conditions, making it a must to add to our daily diet.
DEPRESSION:
According to a recent survey undertaken by MIND amongst people
suffering from depression, many felt much better after eating a
banana. This is because bananas contain tryptophan, a type of protein
that the body converts into serotonin, known to make you relax,
improve your mood and generally make you feel happier.
PMS:
Forget the pills - eat a banana. The vitamin B6 itcontains regulates
blood glucose levels, which can affect your mood.
ANEMIA:
High in iron, bananas canstimulate the production of hemoglobin in the
blood and so helps in cases of anemia.
BLOOD PRESSURE:
This unique tropical fruit is extremely high in potassium yet low in
salt, making it perfect to beat blood pressure So much so, the US Food
and Drug Administration has just allowed the banana industry to make
official claims for the fruit's ability to reduce the risk of blood
pressure and stroke.
BRAIN POWER:
200 students at a Twickenham (Middlesex) school ( England ) were
helped through their exams this year by eatingbananas at breakfast,
break, and lunch in a bid to boost their brain power. Research has
shown that the potassium-packe ­d fruit can assist learning by making
pupils more alert.
CONSTIPATION:
High in fiber, including bananas in the diet can help restore normal
bowel action, helping to overcome the problem without resorting to
laxatives.
HANGOVERS:
One of the quickest ways of curing a hangover is to make a banana
milkshake, sweetened with honey. The banana calms the stomach and,
with the help of the honey, builds up depleted blood sugar levels,
while the milk soothes and re-hydrates your system.
HEARTBURN:
Bananas have a natural antacid effect in the body, so if you suffer
from heartburn, try eating a banana for soothing relief.
MORNING SICKNESS:
Snacking on bananas between meals helps to keep blood sugar levels up
and avoid morning sickness.
MOSQUITO BITES:
Before reaching for the insect bite cream, try rubbing the affected
area with the inside of a banana skin. Many people find it amazingly
successful at reducing swelling and irritation.
NERVES:
Bananas are high in B vitamins that help calm the nervous system..
Overweight and at work?Studies at the Institute of Psychology in
Austria found pressure at work leads to gorging on comfort food like
chocolate and chips. Looking at 5,000 hospital patients, researchers
found the most obese were more likely to be in high-pressure jobs. The
report concluded that, to avoid panic-induced food cravings, we need
to control our blood sugar levels by snacking on high carbohydrate
foods every two hours to keep levels steady.
ULCERS:
The banana is used as thedietary food against intestinal disorders
because of its soft textureand smoothness. It is the only raw fruit
that can beeaten without distress in over-chronicler ­ cases. It also
neutralizes over-acidity and reduces irritation by coating the lining
of the stomach.
TEMPERATURE CONTROL:
Many other cultures see bananas as a 'cooling' fruit that can lower
both the physical and emotional temperature of expectant mothers. In
Thailand , for example, pregnant women eat bananas to ensure their
baby is born with a cool temperature.
So, a banana really is a natural remedy for many ills. When you
compare it to an apple, it has FOUR TIMES the protein, TWICE the
carbohydrate, THREE TIMES the phosphorus, five times the vitamin A and
iron, and twice the other vitamins and minerals.. It is also rich in
potassium and is one of the best value foods around So maybe its
timeto change that well-known phrase so that we say, 'A BANANA a day
keeps the doctor away!'

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Darwinists' great shame over their claims of chance

Darwinists taking part inthe program Sansursuz , broadcast on the
Haberturk channel on 14 August, 2009, resorted tothe most familiar
Darwinist tactic of recenttimes and attempted to retract their claims
of chance.
Having claimed, ever since the time of Darwin,that chance was the
onlyforce responsible for all of life, Darwinists have recently
performed an abrupt U-turn and changed their position, saying that
they never meant to refer to chanceat all. The reason for thisis that
the entire world has now realized the illogicality of chance andthat
Darwinists have justbeen embarrassing themselves because of it.
They therefore began producing new terms, hiding behind such concepts
as "let us say random rather than chance." In the light of these
claims, THEY IMAGINE THEY CAN SAVE THE THEORY OF EVOLUTION, an
unconscious process based on the unconscious activity of totally
unconscious atoms, THROUGH FALSE NAMES AND NOVEL TERMS THAT IN FACT
MEAN EXACTLY THE SAME THING.
Darwinists' tactic of reinventing the subject of "chance" is the same
as reinventing the subject of the "ape forebear." Darwinism is a
heretical belief that denies creation, the Creator (surely Allah is
beyond that) and therefore the conscious, the intelligence and the
design in living things, and that thus ascribes everything to blind
chance and random, haphazard and uncontrolled phenomena. Despite
Darwinism having no other definition, despite all Darwinists' accounts
being based on chance and despite their explicitdiscussions of chance
in all their publications, they still now say, "we did not really
refer to chance at all." This is just chance by another name.
In the same way that Darwinists have tried to change the name of the
"ape ancestor," they are now trying to change the name of chance. They
knew the humiliating position they put themselves in when they said
"we are descended from apes," and also know how it belittles them to
say thatthings "happened by chance." They are therefore trying to
change the name of this nonsense and are claiming "we never referred
to chance." When asked "so did a conscious entity do it all?" they
still say, "No." And when one asks them"Were all events under the
control of a consciousness, a mind?" they again say, "No."
THIS IS A DECEPTION. A thing either exists, or it does not. There is
either a plate on the table, or there is not. There is no third
possibility. Darwinists must therefore put an end to all their
demagoguery. All humanity is watching,in a state of utter
astonishment, the way they degrade themselvesby turning up such an
infantile dead-end. - - ▓███▓ Translator:->
http://translate.google.com/m/ ▓███▓ - -