Who are the Heirs?
The heirs are the surviving relatives of the deceased who by Law are entitled to inherit from the estate of the deceased.
According to Shariah Law, there are three ways to inherit as an heir;
- By way of a valid marriage;
- By blood relation;
- By emancipation of a slave (which of course do not apply in todays society).
There are a total of 18 possible heirs. Ten of whom are male and eight of whom are female.
The male heirs include the husband, father, fathers father and all fathers in his lineage, son, sons son (including all sons in the same lineage), brother (full brother or half brother from either parent), the sons of full brothers and brothers of the same father and the decendants of such sons of brothers, paternal uncles and the sons of those paternal uncles.
The female heirs include the wife, daughter, daughter of a son and his decendants, mother, mothers mother and all mothers in the same lineage, fathers mother and all ancestors in the same lineage, sister (including half sisters from either parent).
The other two types of heirs from each category are no longer relevant as they deal with the emancipation of slaves.
In addition, a legal heir may become ineligible to inherit from the estate of the deceased if one of two situations occur:
- If an heir is involved in the killing of the deceased in any manner including murder, manslaughter, accident or misadventure; and
- If an heir becomes a non muslim the right to inherit is lost.