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According to Imam Shafil, the rights of God (Allah) has preference over
other obligations. The zakat, as prescribed, must be charged on specific
properties like agricultural produce, working animals or cattles and other
properties subject to zakat.
2. Rights of Decedent Over his Estate- ( Hukuk elmaith-minal-farikah)
This is the only right which a person will have after his death over his estate,
i.e., funeral expenses. It consists of fees to be paid or incurred in the
washing, shrouding and interment of his remains, which must be performed
in a manner suitable to his conditions. These expenses, as agreed among the
Muslim jurists, must be reasonable. These also include expenses to be
incurred for his support before the settlement of his estate.
3. All kinds of Debts ( Audyonal Mutlaqah)- What remains after
deduction of the funeral expenses and special right are subject to payment
of all kinds of debts of the decedent which have incurred before his death.
Threr are two (2) classes for such debts: (a) debts incurred in good health
(Aduyon Mursala): and (b) debt incurred in illness. Imam Malik and Imam
Sahfii did not make distinction between these two debts. However, in case
of debts incurred in serious illness, as in marad-al-maut 9death illness, the
former debts incurred in good health will be given preference over this if the
decedent will be suspected of hiding away his property from his heirs, i.e., if
the debt incurred in debt illness appears excessive or is over and above the
legally disposable portion which decedent could lawfully give in bequest
(wasiya).
Long term debts (which have not matured) become due at the time of
death of decedent, Muslim jurists are agreed that debts are based on
confidence exist as long as the debtor is alive. Unpaid or deferred dower
(mahar included under this category). The dower of the band, becomes
chargeable to his estate.
4. Rights of Legatees( Al Hak el Waratha) The remainder of the estate
of the decedent becomes the disposable portion of his estate in favor of his
heirs after deduction of the foregoing charges. These right of the heirs over
the disposable estate of the decedent are governed by the rules of
inheritance with respect to requisites, conditions, qualifications and rules on
exclusion.
The next estate of the decedent after satisfaction of the four (4)
charges is called al-mirath (net disposable estate). Other authorities
generally classify these charges over the estate of decedent in the following
order of preference:
1.
2.
3.
4.
Funeral expenses
All kinds of debts and charges
All legacies
Shares of legal heirs
All kinds of debts, whether arising from specific rights or charges and
obligations. If the decedent dies without leaving any property, such debt
becomes bad debts and heirs are only liable to the extent of the estate left
by the decedent.( agreed by Imam Mulik and Imam Shafii).
Expenses incurred in the administration and settlement of the estate of
the decedent and expenses for the probate of a will may be classified (by
way of analogy) under all kinds of debts chargeable to the estate of
decedent.
Debts incurred by decedent in good health can be proven by the
testimony of witnesses present when the debt was contracted or by proof of
acknowledgement of such debt by decedent. Debts incurred in illness can
only be proven by an oral or written acknowledgement of decedent made at
the time of his serious illness.
Chapter II. Essential Elements and Requisites
A. Essential Elements of Inheritance (Arkhamul- Mirath)
Rukn is the singular of Arkhan (essential element). Muslim jurists make
distinction between essential elements and surut (conditions, sing. sart).
The former forms part of the rights of inheritance (al-waratha) wehile the
latter are pre- conditions or pre-requisites for the exercise of such rights.
These essential elements are:
1. Death of a decedent (al murath)
2. Presence of heirs (al warith)
3. Estate left by decedent (al mauruth)
B. Essential Requisites of Inheritance (Surut)
These essential requisites are conditions precedent before the
settlement of the estate under the law of inheritance. Specifically, they are:
1. Proof of the death of a decedent (Maut al Murath)
2. Survival of the heirs of the decedent ( al ilm bi jihati al irth)
3. Ascertainment of the basis of inheritance (al ilm bi jihati al irth)
The proof of the death of the decedent may be proven either by the
fact of actual death, rules governing presumption of death, and by judicial
decree declaring the presumption of death of a person (whether as an heir or
as a decedent leaving behind an estate).
Islamic law does not recognize the right of representation as
understood in Civil Law;hence, an heir who predeceased the decedent does
not have avested right over the estate of the decedent as would amount to
transmit such right to his surviving heirs (heirs of the former).
Chapter III. Basis of Inheritance (Ashab)
The inheritance (Ashab-ul-mirath) was founded on four causes namely:
1.
2.
3.
4.
A. Kinship Relation
Kinship relation or blood relation is also founded on three (3) sub
causes):
1. Parent-Child relation ( Bonua)
2. Parentage (Obua)
3. Brother-Sister Relation ( Okua)
B. Marriage Relation
Marriage relation must be based on valid ( lawful or legal) marriage
and not invalid or void marriage (butil). There is agreement among Muslim
jurists that there are mutual rights of succession arising from void or invalid
marriage. It is submitted that if irregular (Fasid) marriages are validated in
accordance with Islamic law, mutual rights of succession will arise there
from, although there are some varying views.
C. Wila or Special Cause
Relationship by special cause (wila) is of two types:
1. Wila by emancipation (wila-ul-itik) and
whose favour a decedent has made a general advice his whole property in
the absence of any legal heir. Under the law, a person can only make will
not beyond a third of his estate. The universal legatee is therefore entitled to
the extent of one-third (1/3) of the estate of the decedent. This is supported
by the Shafii view. In his default, the entire estate is put into the Bai-tul-mal
as unclaimed properties of all Muslims.
Under the strict Shafii view, the bai-tul-mal is properly organizes and
administered in accordance with Islamic law. Under the Hanafi School, a
person may take a will of his entire estate in the absence of legal heirs
because the limitation under the law is intended to protect the legal heirs. In
their default such limitation is not necessary.
The reason for the first (slavery) is obvious. The fact that the slave is
the property of his master, the latter has no legal rights to inherit. The
discussion of this disqualification is academic since slavery has been
outlawed or abolished in all legal systems. In Islam, the abolition of slavery
worked through a peaceful and systematic not by radical or violent means.
With respect to the Second, there is some varying opinion among the
Sunni Schools of Law. One view maintains that all killing, whether intentional
or unintentional or by accident, are grounds for disqualification.
Under the conservative Shafii school, all killings whether committed in
self-defence or by an order or punishment work as impediment on the person
committing it with respect to the deceased. Ibn Hanbal maintained that
division of the estate. This is minority view supposed by jurists Adjuri and Ibn
Hambal. This view appears to be a better view since it will encourage nonmuslims in joining the folds of Islam. The difference of Dar (Country) or
nationality does not disqualify a person from inheriting.
The foregoing grounds dont work out as disqualifying their own heir to
succeed in their behalf under the rule of exclusion (Hujub), if they are
likewise qualified in their own right as heirs. The disqualification under the
three (3) foregoing grounds, work as cases of total exclusion to the right to
inherit.
Chapter V. Rules of Exclusion (Hujub)
There are two (2) forms of Exclusion, namely:
1. Total Exclusion (Hujub German)
2. Partial Exclusion (Hujub Nukshan)
The doctrine of exclusion under which some residuaries are preferred over
others is known as al-Jabari rule. They ryle considers:
a. First to the order,
b. Next to the degree, and
c. To the strength of blood ties.
1. (a)state the three modes of acquiring ownership under Islamic law and
define each briefly
(b)what are the two modes of succession in Islamic law? And define each
briefly.
(a) The three modes of acquiring ownership under Islamic law are:
1.) Possession (ihraj)
2.) Transfer (naql)
3.) succession (khalf)
Possession means acquisition, control or taking of a thing without a known
owner through hunting, fishing, treasure hunting or occupation of an
abandoned thing (res nullius).
Transfer means acquisition of a thing, its fruits or interests or the principal
thereof through sale, barter or exchange, gift (hibah), and waqf
(endowment).
Succession is a mode of acquisition of a thing through inheritance (mirath)
or wills/bequest (wasiyah). Ownership by succession is called Milkayyah bi
khilafa succession is either;
1) Optional or Iktyariyyah , in the form of a will or bequest (wasiya); or
2) Compulsory or Ajbariyyah, by means of the rules of inheritance under
Islamic law.
c.) Wasiya bil waqf (Testamentary waqf)- when the endowment for Islamic
purposes is to take effect after the death of the donor, it is called the
testamentary waqf (waqf-bil-wasiya) and partakes of the nature of a
testamentary disposition, in this case as in the case of the will,the founder
(waqif) can only make one-third of his property waqf if he has heirs, but if he
has none, he can make a waqf of his entire property.
the same conditions of the disposable one third limitation and ratification by
the heirs it in excess thereof. (See Art.106, Muslim code).
3. A wasiya and waqf-bil-wasiya are similar, except that in wasiya the
purpose is for any secular or legal purposes while in waqf, charitable
purposes is always presumed.
Both require an executor or administrator, known as Wasi in Wasiya and
Mutawalli (manager) in waqf.
Both are also revocable during the lifetime of the testator (MUSI) or
dedicator (waqil). Subject to the disposable one-third limit of the estate or
ratification by the co-heirs. The heirs in both could be made beneficiary
(legatee/musa lahu in wasiya or mauquf alaih/alyhim in waqf).
Both do not require particular formalities. But unlike wasiya, only the
income of the thing is expendable in favor of the beneficiary in waqf .
Acceptance of the will/bequest by the legatee is essential in wasiya but
not an essential condition or requisite in waqf.
In waqf bil-wasiya, acceptance of the will/bequest devolves upon the
Mutawalli or beneficiary institution in behalf of the intended beneficiaries
b. The difference between wasiya (will) and hibah (gift/donation) are as
follows:
1. Wasiya takes effect after the death of the testator while in hibah, it always
take effect during the lifetime of the donor (giver) and donee (recipient).
2. In hibah, there must be total renunciation by the donor of all his title and
rights to the property given with the immediate effect and without
consideration by one person in favor of another.
3. The donor (giver) in hibah can only revoke the gift before delivery of
possession while the testator in wasiya can revoke the will anytime during
his lifetime. But once there is acceptance of the gift, It can not revoked by
the donor.
1. (a)state the three modes of acquiring ownership under Islamic law and
define each briefly
(b)what are the two modes of succession in Islamic law? And define each
briefly.
(a) The three modes of acquiring ownership under Islamic law are:
1.) Possession (ihraj)
2.) Transfer (naql)
3.) succession (khalf)
Possession means acquisition, control or taking of a thing without a known
owner through hunting, fishing, treasure hunting or occupation of an
abandoned thing (res nullius).
Transfer means acquisition of a thing, its fruits or interests or the principal
thereof through sale, barter or exchange, gift (hibah), and waqf
(endowment).
Succession is a mode of acquisition of a thing through inheritance (mirath)
or wills/bequest (wasiyah). Ownership by succession is called Milkayyah bi
khilafa succession is either;
3) Optional or Iktyariyyah , in the form of a will or bequest (wasiya); or
4) Compulsory or Ajbariyyah, by means of the rules of inheritance under
Islamic law.
the same conditions of the disposable one third limitation and ratification by
the heirs it in excess thereof. (See Art.106, Muslim code).
3. A wasiya and waqf-bil-wasiya are similar, except that in wasiya the
purpose is for any secular or legal purposes while in waqf, charitable
purposes is always presumed.
Both require an executor or administrator, known as Wasi in Wasiya and
Mutawalli (manager) in waqf.
Both are also revocable during the lifetime of the testator (MUSI) or
dedicator (waqil). Subject to the disposable one-third limit of the estate or
ratification by the co-heirs. The heirs in both could be made beneficiary
(legatee/musa lahu in wasiya or mauquf alaih/alyhim in waqf).
Both do not require particular formalities. But unlike wasiya, only the
income of the thing is expendable in favor of the beneficiary in waqf .
Acceptance of the will/bequest by the legatee is essential in wasiya but
not an essential condition or requisite in waqf.
In waqf bil-wasiya, acceptance of the will/bequest devolves upon the
Mutawalli or beneficiary institution in behalf of the intended beneficiaries
b. The difference between wasiya (will) and hibah (gift/donation) are as
follows:
1. Wasiya takes effect after the death of the testator while in hibah, it always
take effect during the lifetime of the donor (giver) and donee (recipient).
2. In hibah, there must be total renunciation by the donor of all his title and
rights to the property given with the immediate effect and without
consideration by one person in favor of another.
3. The donor (giver) in hibah can only revoke the gift before delivery of
possession while the testator in wasiya can revoke the will anytime during
his lifetime. But once there is acceptance of the gift, It can not revoked by
the donor.
allotments
1/ 6
1/ 2
6/6 = 1;
6/2 = 3;
share/unit
1
3
4
RP = 6
6/ 2 = 3
3x 2 = 6
6 -4 = 2 (residue)
The remaining residue of two (2) units will revert to the above heirs in
proportion to their shares. The formula is to look for the root of return (ROR)
which is 4 in this case.
ROR = 4
Distribution
Mothers
Daughter
- 1/ 4 (4 -3 =1)
- 3/ 4 ( as sharer and by return)
allotments
1/ 4
1/ 2
share/unit
- 1
1
- 2 + 1 =3
------3
4
2+1 = 3 (share of daughter)
RP = 4
4 /4 = 1
4/ 2 = 2
With the presence of the daughter as shares, she will receive the remaining
residue of one(1) unit or a total of three (3) units in her favor, to the
exclusion of the husband who is not entitled to received the residue of
reversion or RADD.
(3) Surviving heirs
allotments
share/unit
RP = 4
Wife
1/ 4
1
Full sister
1/ 2
2 +1 = 4
4/ 4
= 1;
4/ 2 = 2;
43 =1
The rule is the same as in the above solution.
N.B (The additional examples are optional answers).
b. Aul (doctrine of increases) is the principle used when it happens that are
several sharers co-existing , their fractional shares when added up amount to
a great more than the root of the problem. This is done by making a
proportional abatement in all the shares by increasing the common
denominator for the purpose of yielding the requisite number of shares, the
total of each not exceeding unity.
The procedure in aul is to increase the denominator to make it equal to
the sum of the numerators. The artificial inflation of the denominators is
called aul (doctrine of increases ) this is illustrated as follows :
(1) Surviving heirs
Husband
Two (2) full sister
allotments
1/ 2
2/ 3
RP=
6
6/ 2 = 3;
6/ 3
share/unit
3
4
--7
= 2 x 2 = 4 + 3 =7
In the above solution , the total portion of each heir when added up is
greater than the root of the problem , hence the use of AUL.
ROA
=
Husband =
Full sister =
7
3/ 6
4/ 6
------------7/ 6
allotments
1/ 2
2/ 3
1/ 6
AUL husband
full sister
share/unit
3
4
1
--------8
6/ 3 = 2 x 2 = 4; 6/ 6 = 1
3/ 7
4/ 7
----------------7/ 7
RP = 6
Root of AUL
Husband
2 full sisters
Mother
= 3/ 8
= 4/ 8
= 1/ 8
---------8/ 8 (equal to unity of whole integer)
(3) Surviving heirs
allotments
share/unit
Wife
1/ 4
3
2 full sisters
2/ 3
8
Uterine sister
1/6
2
Q: 30. What do you mean by Mafqud (missing persons)? Please
explain. State the general rule in the settlement of the estate of a missing
person. Give the views or opinions of the sunni schools on the matter.
A:Mafqud is a person regarding whom it is not known whether he is
dead or alive. According to the Mukit, if a Muslim is captured by an enemy
and it is not known whether he is dead or alive, although he may be known
as captive in Darul-Harb (abode of war or hostile territory), said person is to
be designated as Mafqud. In the multeka, it is further required that the place
where the missing person is abiding must also unknown. In the Raddul
Muktar, even if the place is known but there is no knowledge whether he is
dead or alive, said person is also designated as Mafqud.
The general rule regarding the settlement of the estate of a missing
person is that, if he failed to return, the judge upon application may presume
such person dead if he failed to return after one (1) year. The declaration
must be one(1) year after the inquiry from the time he was reported missing.
Mother --- 1/6
(2/15) 2/15
RP = 12
12/4=3;
12/3= 4 x 2= 8; 12/6=2
12/6=2;
3+ 8 +2+ 2= 15
ROA
= 15
Wife
2 Full Sister
Uterine Sister
Mother
- 3/15
- 8/15
- 2/15
- 2/15
--------------15/15
Allotments
Share/Unit
Residue
Full Sister
Daughter
1/2
Wife
1/8
1
------8
RP
= 8
8/2
= 4;
8 - 5 = 3 (remaining residue)
The above is called masala adila, meaning good problem because
there is no need to apply the doctrine of correction (Tasheh).
There is need tasheh (correction in the next problem)
(2) Surviving Heirs
Allotments
Share/unit
Daughter
1/2
12
Mother
1/6
Wife
1/8
4 Full Sister
Residue
5
-------24
RP
=24
24 / 2= 12; 24 / 6 = 4; 24 / 8 = 3
12 + 4 + 3 = 19 ; 24 - 19 =5 (residue)
There is a need for correction (tasheh) because the remaining residue
of 5 units cannot be proportionately divided among the four (4) sisters
without violating the unity of the integer (whole number). The next step is to
look for the root of correction. This is arrived at by multiplying the original
root of the problem (24) by a 4 ( 24 x 4 = 96
Root of Correction = 96
96 / 2 = 48 ; 96 / 6 = 16 ; 96 / 8 = 12
48 + 16 + 12 = 76 ; 96 - 76 = 20 (residue)
Distribution (correction)
Daughter
- 48
Mother
- 16
Wife
- 12
4 Full Sister - 20
-------Total
= 9
one (2:1) while the brothers on father's side is excluded, but if before
distribution, the son dies, leaving a sister (meaning the daughter of the
decedent) and his paternal uncle (brothers father's side),
the son's share of 2/3 is divided equally between his sister and uncle, the
sister getting 1/2 or 2/3 or 1/3 and the remaining 1/3 goes to the uncle.
Q: 26. what is the shortest period of pregnancy and the longest period as
reported by imams hanifa and shafi'i. what is normal period of pregnancy as
agreed by Muslim jurists for purposes of fixing the share of a posthumous
child in inheritance. would this be a problem in the light of the advances in
the science of medicine? please explain briefly.
according to Abu hanifa, the shortest period of pregnancy (mudat-al-hamel)
is six (6) months and the longest is two (2) years. imam shafie reported that
the longest period of pregnancy is nine (9) months. this is agreed among
Muslim jurist.
the better veiw however, in determining the normal period of
pregnancy before the child is born, is to considere varying climatic condition
and geogaphic locations. this will no longer be a problem today in veiw of the
advance in the science of medicine, through the use of "ultra sound" and
electronic gadgets, physicians are able to determine and calculate the length
of pregnancy and even the way of the child in the womb of the mother.
Q: 27. give the requisites or conditions (surut) under which w posthumuos
child (al-hamel is entitled to share in inheritance, state the rule provided for
under Muslim code.
A: The essential conditions (surut) of the right of an unborn child to be
entitled to share in inheritance are:
1. The child is born completely alive at the time of birth no matter how
brief it is.
2. The child is conceived during the subsistence of marriage if paternity is
at issue.
Article 97 of Muslim code (P.D.1083) provides that a child conceived at
the time of the death of the decedent shall be considered an heir
provided it be born later in accordance with article 10; its corresponding
share shall be reserved before the estate is distributed.
Q: 28. State the three (3) categories of a posthumous child (child in the
womb) and illustrate each briefly.
The child in the womb fall under three (3) categories,
namely:
1. Those who totally exlude others;
2. Those who partially exlude others; and
3. Those who participate with them.
(1) If the posthumous child will be a total exluder, say a son against other
surviving heirs like brothers or sisters of the deseased or paternal uncles or
aunts, the whole estate must be reserved to comply with such event of birth.
When only some of the heirs are exlude as when there are grandmother's share of one-sixth (1/6) shall be paid to her and the remainder of
the estate shall reserved.
(2) When the posthumous child will only be a partialy exluder, say when the
survivor is a husband or wife besides him, the smaller of the sharers to w/c
the party may be entitled is to be paid to him/her and the remainder w/c is
bigger is to be preserved.
(3)If the posthumous child only participants with other heirs and he is neither
a total or partial exluder, say when the deceased has left sons and daughters
and pregnant widow, reserve the equivalent share of one son.
Q: 29. State the rule in succession in case of death in a common calamity
or accedent. what is the agreed rule among the sunni schools of law?
A:
Article 12. simultaneous death-- if as between two or more persons
who are called to succeed each other, there is a doubt as to which of them
died first, whoever alleges the death of prior to other shall prove the same;
in the absence such proof, it is presumed that they died at the same time
and there shall be no transmission of rights from one to the other. however,
the successional rights of their respective heirs shall not be affected.
The sunni schools agreed that if persons who are entitled to mutually
inherit from each other die in a common calamity or accident, such as
drowning, or when their respective deaths cannot be ascertained as to who
140,000.00/2
= 70,000.00 for each spouse
70,000.00 Toninas share to the conjugal property or estate
+ 50,000.00 toninas estate
120,000.00
SURVIVING HEIRS:
Husband
father
ANSWER
1/2
SHARES
Root
2-1=1
2/2 =1 ;
1+1
=2
NET ESTATE: 120,000/2 = 60,000.00
DISTRIBUTION:
HUSBAND: 60,000x1 = 60,000.00
FATHER:
60,000x1 = 60,000.00
120,000.00
1/2
mother(Y)
father(C)
1/6
1/6
3
uterine brother(D)
Excluded
1
6/2 = 3
; 6/6 = 1
; 6/6 = 1
30,000x1 = 30,000.00
Father:
30,000x1 = 30,000.00
son's
3+1+1 = 5
P259,000.00
19,000.00
P60,000.00
Solution:
(Survivors): Husband
FB
US
Answer
1/2
1/6
Share
CB
RP = 6
-4/2 residue
2 + 1=4
Distribution:
Husband:
3x23,333.33 = 69,999.99
Full brother:
2x23,333.33 = 46,666.66
Question 31:
A. Give the sources of the law of inheritance in the order of their degree of poof
(Dalil).
B. Please state the specific numbers of the verses and chapter (sura) of the
source of inheritance under the holy Quran.
Answer:
A. The basic sources of the science of the law of the inheritance are :
Holy Quran
Hadith
Ijma-al-ummah (consensus of the community, usages)
B. The basic principles of inheritance under the Holy Quran are found in the
chapter 4 (Suratul-Nisa), specifically verses 7,8,9,11,12 and 176.
46
Question 33:
A. State the rules on fixing the share of a hermaphrodite (el khunta musakal) in
inheritance. Please give and illustrate.
B. State the rule on waiver of shares (takaruj) in inheritance. Please give and
illustrate.
Answers:
47
Illustrations:
1. Problem:
(Survivors): Wife
Answer:
1/8
Mother
1/6
2SD
remaining
residue
Khunta(Son)
remaining
residue
Shares:
Correction:
12
7 + (17)
16 =
= 24
Root of problem:
24 7 = 17 residue
Root of correction:
24 x 24 = 96
96 28 = 68
68 / 2 = 34
34 / 2 = 17
2. Problem:
(Survivors): Wife
Answer:
1/8
Shares:
Root of problem:
Mother
2SD
1/6
Khunta(Daughter)
1/6
24 23 = 1 residue
1/2
12
= 23
NOTE:
The remainder of one (1) will be returned back to the sharers except the
wife by applying the doctrine of return.
Question 31:
C. Give the sources of the law of inheritance in the order of their degree of poof
(Dalil).
D. Please state the specific numbers of the verses and chapter (sura) of the
source of inheritance under the holy Quran.
Answer:
C. The basic sources of the science of the law of the inheritance are :
Holy Quran
Hadith
Ijma-al-ummah (consensus of the community, usages)
D. The basic principles of inheritance under the Holy Quran are found in the
chapter 4 (Suratul-Nisa), specifically verses 7,8,9,11,12 and 176.
46
Question 33:
C. State the rules on fixing the share of a hermaphrodite (el khunta musakal) in
inheritance. Please give and illustrate.
D. State the rule on waiver of shares (takaruj) in inheritance. Please give and
illustrate.
Answers:
47
Illustrations:
1. Problem:
(Survivors): Wife
Answer:
Mother
1/8
2SD
1/6
remaining
residue
Shares:
Correction:
12
7 + (17)
16 =
remaining
residue
= 24
Root of problem:
24 7 = 17 residue
Root of correction:
24 x 24 = 96
96 28 = 68
68 / 2 = 34
Khunta(Son)
34 / 2 = 17
2. Problem:
(Survivors): Wife
Answer:
1/8
Shares:
Root of problem:
Mother
2SD
1/6
Khunta(Daughter)
1/6
1/2
12
= 23
24 23 = 1 residue
NOTE:
The remainder of one (1) will be returned back to the sharers except the
wife by applying the doctrine of return.
Q: 40. ameer married his first cousin tonina during their marriage, the
spouses agreed to equally contribute capital to engage in the barter trade
business. they were able to raise the capital of P100,000.00 in their first year
of business operation, they made a net profit of P50,000,00. unfortunately
torina got sick while ameer was on a business trip to sabah, malysia. she
later died before ameer was able to returned home. upon learning of the
incident, ameer return home without being able to purchase merchandise in
sabah. ameer spent P10,000.00 for his trip. meantime, tonina left an estate
valued at P50,000.00. tonina is survived by her husband ameer, his father
Panglina talib, full brother Rakim and full sister Jamella. how would you settle
the estate and business interest of tonina? explain and justify your answer.
A:
100,000.00 CAPITAL
+ 50,000.00 NET PROFIT
150,000.00
- 10,000.00
140,000.00 Expenses for the trip
--conjugal estate
140,000.00/2
= 70,000.00 for each spouse
70,000.00 Toninas share to the conjugal property or estate
+ 50,000.00 toninas estate
120,000.00
SURVIVING HEIRS:
Husband
father
ANSWER
1/2
SHARES
=2
NET ESTATE: 120,000/2 = 60,000.00
60,000x1 = 60,000.00
EXCLUDED
Root
2-1=1
2/2 =1 ;
DISTRIBUTION:
1+1
120,000.00
Q: 41. X deid intestate, he is survived by a son A, daughter B, mother Y,
father C, and uterine brother D. he left an estate worth P180,000.00 before X
died, his son A renounced the Islamic faith and had himself baptized to the
Muslim faith. father C contends that AA being a minor follows the religion of
this father.
(a) Distribute the estate of X. please explain and justify your answer.
(b) Suppose that pending the settlement of the estate of X, son A
repented and returned to the his share in the inheritance? explain and justify
you answer.
A) SURVIVING HEIR:
Son(A)
daughter(B)
son(AA) Root
desqualified
6-5 = 1
1/2
mother(Y)
father(C)
1/6
1/6
3
uterine brother(D)
son's
Excluded
1
6/2 = 3
; 6/6 = 1
; 6/6 = 1
3+1+1 = 5
30,000x1 = 30,000.00
Father:
30,000x1 = 30,000.00
muslim heir of a Muslim accepts the faith of Islam before the division of
the estate, he shall be an heir. I believe that the impediment for
disqualification has been removed and so therefore he can be considered
an heir.
Q: 42. BQ Jamil is married to Salima. while Jamil was in a state of deathillness (marad-ul-maut), he devorced his wife Salima. Jamil later died of his
illness while Salima was still observing her idda. he left an estate worth
P259,000.00 and debts in the amount of P19,000.00. settle the estate of
Jamil. suppose that Jamil died after the expiration of the idda of wife salima,
will she still be entitled to inherit? Explain and justify you answer.
VIII. The wife Salima who was devorced by husband Jamil while in state of
death-illness (marad-ul-maut) is entitled to inherit from the estate left by the
husband who died while she was observing her idda. under the law (article
96 Muslim code). there is no mutual right of succession between spouses
after the expirtion of the wife's iddah (or waiting period). the exception is in
cases where the wife is devorced by the husband while in a conditon of
death-illness, the wife shall still have the right to inherit from the estate of
the husband even after the expiration of her idda. the reason is that the
husband who devorces his wife while in an estate of death-illness is under
suspect of depriving the wife of any share in the former's estate by divorcing
her.
The statement of the estate of Jamil is as follows:
Gross Estate ---
P259,000.00
19,000.00
P60,000.00
Solution:
(Survivors): Husband
FB
US
Answer
1/2
1/6
Share
CB
E
RP = 6
-4/2 residue
2 + 1=4
Distribution:
Husband:
3x23,333.33 = 69,999.99
Full brother:
2x23,333.33 = 46,666.66
Q: 44. Y died intestate. At the time of his death, his wife was in the family way. She
was pregnant for about six (6) months. Y is survived by his wife and posthumous
child, father, mother, full brother and full sister. He left an estate worth P240,000.00.
Distribute the estate of the decedent in the following manner: firt, let us assume that
the posthumous child is a son. Secondly, assume that the child in the womb is a
daughter. In both cases assume that the child in the womb is born alive. Thirdly,
suppose that sex of the posthumous child could not be ascertained, how would you
settle the estate? Explain and justify your answer.
ANSWER
E
SHARES
1/8
1/6
1/6
24
3
24/8 = 3;
3+13+4+4= 24
NET ESTATE
13
24/6 = 4; 24/6 = 4
Distribution:
Wife =
10,000 x 3 = 30,000.00
FULL
= 10,000 x 4 = 40,000.00
MOTHER
= 10,000 X 4 = 40,000.00
TOTAL = 240,000.00
1/8
POSTHUMOUS CHILD
FATHER
1/6+ R
1/6
24
SHARES
12
24/8 = 3
3+12+5+4= 24
NET ESTATE
4 +1 = 5
24/2 = 12
24/6= 4+1=5
4
24/6=4
240,000.00/4 = 10,000
Distribution:
Wife
= 10,000 x 3
= 30,000.00
= 10,000 x 5
= 10,000 X 4
= 50,000.00
= 40,000.00
TOTAL = 240,000.00
Q: 45. B is survived by a wife, mother, two (2) sons, daughter and a khunta daughter.
He left an estate valued at P 25,000.00. distribute the estate of the decedent by
applying the rule on hermaphrodites. Suppose that in the same problem the other
heir is a khunta son. What will be your answer? Now in the same probem, suppose
that the sex of the khunta heir could not be determined. What will be your answer?
Please explain and justify your answer.
MOTHER
SONS
DAUGHTER
ANSWER
24X6
1/8
SHARES
17 new roots: 144
1/6
3
18
R
4
24
17
68
17
17
17
- 42
144/8 = 18
18+24+68+17+17 = 144
ESTATE
144/6= 24
25,000.00
DEBTS
1,000.00
NET ESTATE
24,000.00
Distribution:
Wife
= 166.66x18= 2,499.99
Mother
= 166.66x24= 3,999.84
Son
= 166.66x34= 5,666.44
Son
= 166.66x34= 5,666.44
b.)
24,000.00
SURVIVING HEIR:
KHUNTA (D)
WIFE
ROOT
MOTHER
SON
KHUNTA (S)
1/8
1/6
17
17
24X6
17
144
18
24
34
34
17
Distribution:
Wife
= 166.66x18= 2,499.99
Mother
= 166.66x24= 3,999.84
Son
= 166.66x34= 5,666.44
= 166.66x17= 2,833.22
24,000.00
c.)
If the sex of the khunta heir could not be determined, divide the
property of the decedent by first considering him as a male and latter as a
female. Whichever will be the least share wil be the share given to the
hermaphrodite.
Q: 46. Y is a disavowed child (walad-ul-lian). But before his father died, the latter
retracted his vow and recognized Y as his son. His father is survived by a wife, mother
of Y, father and full brother. The father left an estate worth P60,000.00. In the instant
problem, can Y inherent from his father? How about his mother? Distribute the estate
of the decedent. Explain and justify your answer.
Mother who is a disavowed child (walad-ul-lian) can inherent from his natural
father who retracted his vow and recognized him as his son before the father died.
Strictly speaking, the wife or mother of moner is disqualified to inherent from the
decedent (father of moner) because their marriage was dissolved though divorce by
Lian and a decree of perpetual divorce was granted by the court.
However the subsequent retraction of the father and recognition of Moner as
the formers son has the effect of retraction of the charge of adultery by the father
against his wife (mother of moner).
In this case, it is submitted that the wife shall have the right to succeed over
the estate of the deceased former husband (or father of moner) by analogy from
succession between divorced persons under Article 96 of the muslim code (P.D. 1083)
where a husband while in condition of death illness (marad-al-maut) divorces his wife
the will even after expiration of her idda (waiting period) is entitled to inherent from
the husband but not her husband or vice-versa.
The rule barring the right of mutual succession in succession between divorced
persons as against public policy shall equally apply. The father even if he
subsequently retracted his vow (lian) shall be disallowed to inherent from the wife
who latter died for having hastily charge the wife (mother of Moner) of adultery
without sufficient evidence under Islamic Law resulting into divorce by lian between
the former spouses.
In this case, the heirs who are entitled to inherent from the estate of the
decedent (father of Moner) are: the acknowledge son Moner, the wife (mother of
Moner), the father of the decedent, the full brother is excluded by the son Moner.
The estate in the amount of P60,000.00 left by the decedent (father of Monber)
assuming there are no debts shall be distribute as follows:
SURVIVING HEIRS: FATHER
WIFE
ALLOTMENTS
1/8
SHARE/UNITS
1/6
:
residue
3=(7)
24/8= 3
P60,000.00/24 = P2,500.00
SON
(4+3) = 7
BROTHER
excluded
+17=24
(x)
Distribution:
Father
Wife
3x2, 500.00 =
7,500.00
Son
TOTAL
P60,000.00
Q: 44. Y died intestate. At the time of his death, his wife was in the family way. She
was pregnant for about six (6) months. Y is survived by his wife and posthumous
child, father, mother, full brother and full sister. He left an estate worth P240,000.00.
Distribute the estate of the decedent in the following manner: firt, let us assume that
the posthumous child is a son. Secondly, assume that the child in the womb is a
daughter. In both cases assume that the child in the womb is born alive. Thirdly,
suppose that sex of the posthumous child could not be ascertained, how would you
settle the estate? Explain and justify your answer.
ANSWER
E
SHARES
1/8
1/6
1/6
24
3
24/8 = 3;
3+13+4+4= 24
NET ESTATE
13
24/6 = 4; 24/6 = 4
Distribution:
Wife =
10,000 x 3 = 30,000.00
FULL
= 10,000 x 4 = 40,000.00
MOTHER
= 10,000 X 4 = 40,000.00
TOTAL = 240,000.00
1/8
POSTHUMOUS CHILD
FATHER
1/6+ R
1/6
24
SHARES
12
24/8 = 3
3+12+5+4= 24
NET ESTATE
4 +1 = 5
24/2 = 12
24/6= 4+1=5
4
24/6=4
240,000.00/4 = 10,000
Distribution:
Wife
= 10,000 x 3
= 30,000.00
= 10,000 x 5
= 10,000 X 4
= 50,000.00
= 40,000.00
TOTAL = 240,000.00
Q: 45. B is survived by a wife, mother, two (2) sons, daughter and a khunta daughter.
He left an estate valued at P 25,000.00. distribute the estate of the decedent by
applying the rule on hermaphrodites. Suppose that in the same problem the other
heir is a khunta son. What will be your answer? Now in the same probem, suppose
that the sex of the khunta heir could not be determined. What will be your answer?
Please explain and justify your answer.
MOTHER
SONS
DAUGHTER
ANSWER
24X6
1/8
SHARES
17 new roots: 144
1/6
3
18
R
4
24
17
68
17
17
17
- 42
144/8 = 18
18+24+68+17+17 = 144
ESTATE
144/6= 24
25,000.00
DEBTS
1,000.00
NET ESTATE
24,000.00
Distribution:
Wife
= 166.66x18= 2,499.99
Mother
= 166.66x24= 3,999.84
Son
= 166.66x34= 5,666.44
Son
= 166.66x34= 5,666.44
d.)
24,000.00
SURVIVING HEIR:
KHUNTA (D)
WIFE
ROOT
MOTHER
SON
KHUNTA (S)
1/8
1/6
17
17
24X6
17
144
18
24
34
34
17
Distribution:
Wife
= 166.66x18= 2,499.99
Mother
= 166.66x24= 3,999.84
Son
= 166.66x34= 5,666.44
= 166.66x17= 2,833.22
24,000.00
e.)
If the sex of the khunta heir could not be determined, divide the
property of the decedent by first considering him as a male and latter as a
female. Whichever will be the least share wil be the share given to the
hermaphrodite.
Q: 46. Y is a disavowed child (walad-ul-lian). But before his father died, the latter
retracted his vow and recognized Y as his son. His father is survived by a wife, mother
of Y, father and full brother. The father left an estate worth P60,000.00. In the instant
problem, can Y inherent from his father? How about his mother? Distribute the estate
of the decedent. Explain and justify your answer.
Mother who is a disavowed child (walad-ul-lian) can inherent from his natural
father who retracted his vow and recognized him as his son before the father died.
Strictly speaking, the wife or mother of moner is disqualified to inherent from the
decedent (father of moner) because their marriage was dissolved though divorce by
Lian and a decree of perpetual divorce was granted by the court.
However the subsequent retraction of the father and recognition of Moner as
the formers son has the effect of retraction of the charge of adultery by the father
against his wife (mother of moner).
In this case, it is submitted that the wife shall have the right to succeed over
the estate of the deceased former husband (or father of moner) by analogy from
succession between divorced persons under Article 96 of the muslim code (P.D. 1083)
where a husband while in condition of death illness (marad-al-maut) divorces his wife
the will even after expiration of her idda (waiting period) is entitled to inherent from
the husband but not her husband or vice-versa.
The rule barring the right of mutual succession in succession between divorced
persons as against public policy shall equally apply. The father even if he
subsequently retracted his vow (lian) shall be disallowed to inherent from the wife
who latter died for having hastily charge the wife (mother of Moner) of adultery
without sufficient evidence under Islamic Law resulting into divorce by lian between
the former spouses.
In this case, the heirs who are entitled to inherent from the estate of the
decedent (father of Moner) are: the acknowledge son Moner, the wife (mother of
Moner), the father of the decedent, the full brother is excluded by the son Moner.
The estate in the amount of P60,000.00 left by the decedent (father of Monber)
assuming there are no debts shall be distribute as follows:
SURVIVING HEIRS: FATHER
WIFE
ALLOTMENTS
1/8
SHARE/UNITS
1/6
:
residue
3=(7)
24/8= 3
P60,000.00/24 = P2,500.00
SON
(4+3) = 7
BROTHER
excluded
+17=24
(x)
Distribution:
Father
Wife
3x2, 500.00 =
Son
TOTAL
7,500.00
P60,000.00