Law of inheritance / qanoon e warasat(وراثت کی تقسیم) a lecture by mudas...

What is the formula for property rights under Islamic inheritance laws?

Shares under the Islamic inheritance law depend on the closeness of relation to the deceased. Shares also differ when a person belongs to Sunni or Shia sect.

Individual Women	Inheritance Right
As Mother	1/6th of X
As wife	1/8th of X if she has any children 1/4th of X if she does not have any children
As Daughter	½ of brother’s share, if she has brothers women having sisters Sunni/Hanafi - 2/3rd of X is divided equally among themselves Shia….total inheritance is equally divided among themselves Women having no siblings Sunni/Hanafi - 1/2 of X Shia- All property (X)
X in the above table means “all wealth of the deceased person after settlement of mortgages and loans”.

 table means “all wealth of the deceased person after settlement of mortgages and loans”.

Shia Law:

In Pakistan, Shia law on inheritance is based on the principles of Islamic law, specifically the Shia interpretation of Islamic jurisprudence. The rules of inheritance for Shia Muslims are outlined in the Quran, the teachings of the Prophet Muhammad, and the rulings of Shia scholars.

Under Shia law, inheritance is divided among the deceased's heirs according to specific rules and guidelines. The heirs' shares are determined based on their relationship to the deceased, with different shares allocated to spouses, children, parents, and other relatives.

In Pakistan, Shia Muslims can choose to follow the rules of inheritance outlined in Islamic law or they can make a will (wasiyat) to distribute their property according to their wishes. However, the will cannot override the rules of inheritance for certain fixed shares that are prescribed by Islamic law.

Shia Muslims in Pakistan need to consult with a knowledgeable religious scholar or legal expert to ensure that they are following the correct rules of inheritance according to Shia law.

Guidance issued by the International Conciliation and Arbitration Board: 

His Highness y Aga Khan Shia Imami Ismaili International Conciliation and Arbitration Board (ICAB) in collaboration with the Institute of Ismaili Studies (IIS), has produced these Guidelines for Ethical Wealth Transfer and Inheritance Planning (“Guidelines”) to assist Ismaili murids to engage in ethical wealth transfer and inheritance planning. ISMAILIS, DASTUR IN HUNZA, BLOG

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Taqwa - Context - Faith and Practice

 

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Taqwa: A term in Qur’an referring to a state of piety in a believer: it also means fearing God, being in awe of Him, or being constantly aware of His presence. One of the traits in the Qur’an associated with a mu’min.

Here's a breakdown of the key aspects of Taqwa:

God-Consciousness: It's a constant awareness of Allah's presence, observing His commandments, and striving to please Him.

Fear of Displeasing Allah: This fear isn't just about punishment, but also a deep respect and reverence for Allah's power and wisdom. A believer practicing Taqwa wants to avoid anything that might displease Allah.

Piety and Righteousness: By being conscious of Allah, a person is motivated to act righteously, fulfilling their religious obligations and living a moral life. This includes avoiding major and minor sins.

Self-Restraint: Knowing Allah is aware of all actions, a believer practicing Taqwa exercises self-control and avoids temptations that might lead to sin.

Seeking Allah's Pleasure: Ultimately, Taqwa is about seeking Allah's approval and guidance in all aspects of life. It's a continuous journey of striving to be a better Muslim.

The Qur'an emphasizes Taqwa in many verses, and it's considered a key quality of a true believer (Mu'min). By cultivating Taqwa, Muslims believe they can achieve success in this life and the hereafter.

The Quran mentions Taqwa in numerous places, highlighting its importance in various aspects of a believer's life. Here are a few examples:

Surat Al-Baqarah (The Cow), Verse 189:

"And be careful (wa-attaqu) of your duty to Allah, to whom you will be returned." (This verse emphasizes that living with Taqwa is crucial as we will all return to Allah)

Surat Al-Imran (The Family of Imran), Verse 102:

"O you who believe, have taqwa of Allah and be truthful." (This verse connects Taqwa with truthfulness, highlighting the importance of both in living a righteous life)

Surat Al-Anfal (The Spoils of War), Verse 29:

"O you who have believed, if you fear Allah - He will grant you a criterion and forgive you your sins and purify you." (This verse highlights the benefits of Taqwa, including Allah granting discernment between right and wrong and forgiving sins)

Surat At-Talaq (Divorce), Verse 2-3:

"And whoever fears Allah - He will make for him a way out And will provide for him from where he does not expect." (This verse emphasizes that Allah provides for those who practice Taqwa)

These are just a few examples, and the concept of Taqwa is woven throughout the Quran. If you'd like to explore further, some resources can help you find more verses:

Quran Search Websites: You can search for the word "taqwa" or its variations on websites like [Quran.com](https:// quran.com) or Islamopedia [invalid URL removed]


Tafsir (Quranic commentaries): These commentaries delve deeper into the meaning of Quranic verses. Many scholars have written tafsirs that discuss the concept of Taqwa in detail.

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Tanzil - Context: Faith and Practice

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Tanzil: ‘Sending down’; a Qu’anic term referring to the revelation of ‘the Book’ as transmitted by the prophets.

And thus We have sent it down as an Arabic recitation (anzalnāhu qurʾānan ʿarabiyyan), and We have turned about in it something of threats, that haply they may be godfearing, or it may arouse in them remembrance. 

So high exalted be God, the true King! And hasten not with the recitation ere its communication is accomplished unto thee (wa-lā taʿjal bi-l-qurʾāni min qabli an yuqḍā ilayka waḥyuhu); and say, ‘O my Lord, increase me in knowledge’. Q 20:113-4 

The concept of divine sending down (tanzīl) refers to a spatial event in the celestial realm when the celestial source book of the revelation and thereby the revelation itself was ‘sent down’ by God. This event made the revelation available, although not necessarily accessible to prophets and mankind
Revelation in the Qur'an: from Divine Sending Down (Tanzil) to Divine Communication (Wahy):
Two words have been understood to refer to revelation in the Qur’an, namely tanzīl (sending down) and waḥy (communication) as well as their cognate verbal forms. The roots n-z-l and w-ḥ-y represent different processes in the Qur’anic concept of revelation and that these are used for different rhetorical means in the text. the concept of divine communication (waḥy) signifies a particular mode of communication that is only decipherable by God’s elect. It is through this mode that the revelatory message is communicated to the Qur’anic Messenger. divine sending down affirms the divine origin of the revelatory message itself whereas divine communication attests that the Messenger is a genuine prophet. Moreover, each concept is concentrated in certain chronological periods. When the status of the Messenger as a prophet is under attack in the Meccan period, the concept of divine communication is predominant, whereas when the revelatory message itself is contested in the late Meccan and Medinan period, it is the concept of divine sending down that is prevalent.

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One version of understanding:

Another version:

Another Ayat:

Ta'lim - Context: Faith and Practice

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Ta’lim: ‘Teaching’ or ‘instruction’. In the Ismaili tradition. A doctrine of necessity of the true Imam as a teacher to arrive at the truth.

Here are some relevant points:

The term "Ismaili Talimat" refers to the teachings and instructions imparted within the Ismaili branch of Shia Islam. These teachings are based on the Quran and the teachings of the Prophet Muhammad, as interpreted through the Imams, who are considered to be the divinely appointed spiritual leaders of the Ismaili community.

The Talimat cover a wide range of topics, including:

• Quranic studies: The Quran is considered the central religious text of Islam, and Ismailis study it in depth.
• Islamic beliefs: Ismailis believe in the oneness of God, the prophethood of Muhammad, and the importance of following the Imams.
• Ethics and manners: The Talimat emphasize the importance of living a moral and ethical life.
• Practical rules and jurisprudence: Ismailis follow Islamic law, as interpreted by the Imams.
• History of Islam: Ismailis study the history of Islam, with a particular focus on the lives of the Imams.

The Talimat are not only theoretical teachings but are also meant to be applied in daily life. They provide guidance on how to live a meaningful and fulfilling life as an Ismaili Muslim.

Ta'lim goes beyond just reciting the Quran. It emphasizes understanding the Quran's meaning and its inner message. This is seen as crucial for applying its guidance in daily life.

Quran as a Living Text: Ismailis view the Quran's reality as going beyond the recited Arabic text. They see it as having a spiritual essence (ruh) and light (nur) that can be experienced through various means - specifically, God gifted INTELLECT to each human - not just recitation.

Here are a couple of Quranic verses that extoll the use of intellect for deep thinking:
Surah Al-Nahl (16:68):
“ وقال تعالوا أندعو من دون الله ما لا ينفعنا شيئا ولا يضرنا وأنحن نرد على أعقابنا ونضل سواء السبيل ”
Translation: "And [Allah] said, "Call upon besides Allah upon that which can neither benefit you nor harm you. And would you then turn back after you have been rightly guided and become like those who are astray and confused?" (English interpretation by Sahih International)
This verse emphasizes the importance of using reason to discern truth from falsehood. It criticizes blindly following tradition without critical thought.
Surah Az-Zumar (39:9):
“ أفلا يتدبرون القرآن أم على قلوب أقفالها ”
Translation: "Do they not then contemplate the Quran or are there locks upon their hearts?" (English interpretation by Sahih International)
This verse encourages deep reflection and contemplation of the Quran's message. It questions those who don't use their intellect to understand the deeper meanings of the scripture.
These are just two examples, and the Quran contains many other verses that encourage the use of reason and pondering the wonders of creation.
Quranic Injunctions:

• Surah Al-Baqarah (2:269): "He grants wisdom to whom He wills, and whoever is granted wisdom has indeed been given a great bounty. And none remember إلاَّ (illa - except) Allah except those of sound reason." (This verse highlights the importance of knowledge and its connection to divine favor)

Al-Baqarah ayat 269 (youtube.com)

• Surah Al-Zumar (39:9): "Say, 'Are those who know equal to those who do not know?'" (This verse emphasizes the distinction between those who possess knowledge and those who don't)

• Surah At-Taubah (9:122): "And why do not the believers – men and women – and those who have the power, when Allah and His Messenger command them concerning an issue – why do they not have any decision except to obey Allah and His Messenger?" (This verse emphasizes seeking knowledge from reliable sources, like the Prophet and Imam of the time)

Hadith Injunctions:

• Prophet Muhammad (ﷺ) said: "Seek knowledge, even if it be in China." (Sahih al-Bukhari) - This Hadith emphasizes the importance of seeking knowledge regardless of location or difficulty.

• Prophet Muhammad (ﷺ) said: "The ink of the scholar is holier than the blood of the martyr." (Various Hadith collections) - This Hadith elevates the importance of knowledge dissemination through scholarship.

Applying it to Talim:

While these verses and hadiths don't specifically mention "talim" in the Ismaili , they can be understood as encouraging the pursuit of Islamic knowldge from qualified teachers. Since Ismaili teachings are based on sound Islamic principles and interpretations by the Imam of the time, seeking knowledge through their talim is seen as fulfilling the Quranic and hadith on learning.

It's important to ensure the knowledge being taught aligns with Quranic injunctions. God gifted intellect can help you understand the specific teachings of the Ismaili talim and its conformance with broader Islamic principles.

Tafsir - Context: Faith and Practice

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Tafsir: ‘Interpretation’ or ‘exegesis’ or ‘explanation’; a commentary or interpretation of the Qur’an.

Tafsir is an important aspect of Islamic scholarship, as it helps to clarify the meanings of the verses of the Qur'an and provides context and understanding for readers. Tafsir can be done in various ways, including through linguistic analysis, historical context, and comparison with other verses in the Qur'an. Scholars of Islam have written numerous tafsir works over the centuries, each offering their own insights and interpretations of the holy text. Studying tafsir is considered a valuable practice for deepening one's understanding of the Qur'an and its teachings.

 Here's an overview of different approaches:

Tafsir bi'l-Ishara: Interpretation of Qur'an based on allusions. It examines words, phrases and passages of the Qur'an from mystical or esoteric perspectives. It aims to examine inner or esoteric meanings alluded to by the literal meaning of a verse.

Tafsir bi'l-ma'thur: Interpretation of the Qur'an based on tradition or on traditional knowledge. It is based on reports of those revered for their knowledge. It is based on reports of those revered for their knowledge of the Qur'an, such as Prophets, Imams, and their Companions.

Tafsir bi'l-ra'y: Interpretation of Qur'an based on the personal opinion of a commentator.

Tafsir al-qur'an bi'l Qur'an: Interpretation of the Qur'an based on the Qur'an itself.

**Interpretations of Quran: al-rasikhun fi-'l-ilm**

The phrase "al-rasikhun fi-'l-ilm" (those rooted in knowledge) appears in the Quran in verse 3:7, which reads: