Foundations of Inheritance
In linguistic terms, a “foundation” refers to a strong aspect of something. In religious terminology, a foundation is an element upon which the existence of something depends. This is akin to the acts of bowing and prostrating in prayer for those capable of performing them. In the context of inheritance, there are three fundamental components: the deceased (muwarrith), the heir (warith), and the estate (mوروث). Below, we will elaborate on these components:
The Deceased (Muwarrith)
The term “deceased” refers to a person who has passed away or one who is judged as deceased, such as a missing person or a fetus in its mother’s womb.
The Heir (Warith)
An heir is an individual who is connected to the deceased in a manner that entitles them to inherit. To qualify for inheritance, specific grounds must be established, which are outlined as follows:
- Marriage
Upon the establishment of a marriage contract between a man and a woman, the wife inherits from her husband, and the husband inherits from his wife.
- Kinship
This refers to the blood relationship between the deceased and the heir, whether from the deceased’s ancestors (such as parents), descendants (like children), or collateral relatives (including siblings, uncles, and their offspring).
- Affinity
Affinity applies in cases where a person was a slave, and their master has granted them freedom. In such instances, the master may inherit from the freedman if the freedman has no other heirs from fixed shares or blood relatives.
The Estate (Mوروث)
The estate refers to the assets left behind by the deceased. In linguistic terms, it indicates what the deceased leaves as inheritance. In legal terminology, definitions of the estate vary, and are summarized as follows:
- The Majority of Scholars (Maliki, Shafi’i, and Hanbali)
The estate is understood to encompass all remaining assets and rights of the deceased. Consequently, benefits derived from those assets are also included within the estate.
- Hanafi Scholars
According to Hanafi thought, the estate consists solely of the net assets remaining after the deceased’s passing that others do not have rights to. As a result, benefits are excluded from their definition of the estate; rather, it comprises those assets or rights that are tied to financial matters. Anything beyond this scope is not considered part of the estate.