Regulations of ‘Asbah
‘Asbah’ (kinship) laws in inheritance encompass various rulings, some of which are outlined below:
- If alone, they inherit the entire estate.
This implies that if an individual passes away leaving only their father, son, or full sibling, that relative inherits all of the estate. This is supported by the Quranic verse: “And he will inherit it if there is no child for her.”
- If there are individuals entitled to fixed shares.
In this scenario, ‘Asbah’ receives the remainder after the fixed shares have been distributed. This is corroborated by a hadith from Ibn Abbas (may Allah be pleased with him) where the Prophet Muhammad (peace be upon him) stated: “Allocate the shares to their rightful heirs, and what remains is for the nearest male relative.”
- If the fixed shares exhaust the estate, they are disqualified.
This means they are eliminated from inheritance if there is nothing left after the fixed shares are allocated, except for a father, grandfather, or son; the son is never excluded. The father and grandfather transition from being ‘Asbah’ to receiving fixed shares.
Definition of ‘Asbah
Let us explore the definition of ‘Asbah both linguistically and technically:
- Linguistically, ‘Asbah’ is a plural form of ‘’Asib’, denoting a group or kinship by blood.
- Technically, it refers to individuals who inherit without a predetermined share, meaning they receive a portion not explicitly defined.
Categories of ‘Asbah
Those classified as ‘Asbah can be divided into two main categories:
- Blood relatives, which includes those related by lineage, self, other relatives, and their combinations.
- Cognate relationships (as stated by the Prophet Muhammad – peace be upon him – “Indeed, the rightful claim is for the one who sets free”), comprising those who have a bond through emancipation rather than blood relations.
Inheritance
Upon an individual’s death, their assets become the estate, which is used for burial and other preparatory services. Subsequently, any debts must be settled, and wills can be executed up to one-third of the estate, as stipulated by the Prophet Muhammad (peace be upon him). The remaining assets are classified as inheritance, which must be distributed according to laws ordained by Allah Almighty.
It is important to highlight that there are different types of heirs sharing in the estate (inheritance), each according to the share allocated by Allah, as outlined in the Quran: “Allah instructs you about your children: for the male, what is equal to the share of two females; and if there are more than two females, they shall have two-thirds of what is left; and if only one, she shall have half. And for their parents, each will have a sixth of what he leaves, if he has children. If he has no children and his parents inherit him, then his mother will have one-third. And if he has siblings, then his mother will have one-sixth, after any bequest he may have made or debt.”
Types of Heirs
The heirs who share in the estate after the decedent pass away are classified as follows:
- Those entitled to fixed shares (relatives).
This is supported by the Quranic verse: “For men is a share of what their parents and close relatives leave, and for women is a share of what their parents and close relatives leave, whether little or much—a fixed share.” Additional verses in Surah An-Nisa further elaborate on inheritance matters.
- Relatives with no fixed share.
Relatives not inheriting through predetermined shares or ‘Asbah’ are classified as such. Allah states in the Quran: “And relatives are closer to one another in the decree of Allah. Indeed, Allah is Knowing and Wise.”
- Those of ‘Asbah’.