Darul Uloom Abu Bakr

Port Elizabeth, South Africa

Darul Uloom Abu Bakr is an Islamic institute of education established by Mufti Siraj Desai. The Darul Uloom serves as a base for coordinating various Islamic activities in Port Elizabeth and the Eastern Cape province of South Africa.

Doctrine of Munaasakha PDF Print E-mail

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Munaasakha is an important principle in the Islamic Law of Succession. This is a method of distribution of the estates of more than one deceased of different levels. This happens when before the distribution of an estate one of the heirs to that estate dies. The shares of that deceased heir will now devolved upon his or her heirs. At times due to a delay in the winding up of estates, several heirs pass away in the interim.

 

Sometimes, due to legal wrangling or internal disagreement an estate remains unresolved for decades. In the interim one or more of the heirs dies. A while later, an heir of the second deceased passes away, and so forth. All the while, the inheritance problem becomes more and more complicated because of the devolution of shares from one heir to another

The Fuqaha or Muslim Jurists have devised an ingenious and remarkable system of calculating shares of several deceased people of different levels. This system is termed munaasakha and is explained in detail in the Books of Inheritance. The scope of this publication does not allow us to provide these details, but we do hope to do that at a later stage Insha Allah. The purpose of this article is just to highlight the need for speedy distribution of estates and to make people aware that an heir who dies before receiving his or her share is not totally deprived of inheritance but will have that share passed on to his or her heirs.

First example of munaasakha:

Zaid dies and is survived by a wife and two sons viz Bakr and Umar. Before Zaid’s estate could be wound up, his son Bakr dies, leaving behind a wife and a daughter. Because Bakr passed away before receiving his share of his father’s estate, his share will now be distributed among his wife and daughter while Zaid’s surviving heirs will receive their respective shares.

Second example of munaasakha:

Zaid dies and is survived by a wife and two sons viz Bakr and Umar. Before Zaid’s estate could be wound up, his son Bakr dies, leaving behind a wife and a daughter. Before Bakr’s wife could receive her share of her late husband’s estate, she passes away and is survived by both parents and a brother.  As a result, Bakr’s share will be distributed to his wife and daughter, after which his wife’s share will then be distributed among her parents and brother. This is an example of munaasakha applied to two levels of heirs.
 
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