The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.2389- If the heirs of the deceased are one maternal uncle or aunt together with one paternal uncle and one paternal aunt from the same mother, and paternal uncle and aunt from the same parents or only from the same father, the property is divided into three parts; one part will go to the maternal uncle or aunt, and the remaining two parts will be divided into three shares; one share goes to the paternal uncle and aunt from the same mother (and based on obligatory precaution, they should compromise with each other in dividing it), and two shares will be divided between the paternal uncle and aunt from the same parents or the same father. Paternal uncles inherit twice the share of the paternal aunts.

Issue No.2390- If the heirs of the deceased are several maternal uncles and aunts who are all from the same parents or from the same father or mother, together with paternal uncles and aunts, the property will be divided into three equal shares, two shares will be divided among the paternal uncles and aunts among themselves in accordance with the rule stated in the previous issue, and one share will be divided equally among the maternal uncles and aunts.

Issue No.2391- If the heirs of the deceased are the maternal uncle or aunt whose mother is the same with the deceased, together with several maternal uncles and maternal aunts from the same parents or from the same father only (with the deceased) and some paternal uncles and paternal aunts, the property is divided into three shares; two shares will be divided between the paternal uncle and aunt in the manner which was explained before, and as for the remaining one share, if the deceased has one maternal uncle or aunt from the same mother, then it will be divided into six parts, one part will be given to the maternal uncle or aunt from the same mother, and the remaining five parts will be given to the maternal uncle or aunt from the same parents or from the same father (with the deceased), and they will divide it among themselves equally. And in case there are several maternal uncles from the same mother, or several maternal aunts from the same mother or both of them, the remaining one share will be divided into three parts; one part will be divided equally among maternal uncles and aunts from the same mother, and the rest will go to the maternal uncle and aunt from the same parents or from the same father who will also divide it equally among themselves.

Issue No.2392- If the deceased has no paternal or maternal uncles or aunts the share of the paternal uncles and aunts will go to their children, and the share of the maternal uncles and aunts will go to their children.

Issue No.2393- If the heirs of the deceased are the paternal and maternal uncles and aunts of his father along with the paternal and maternal uncles and aunts of his mother, his property will be divided into three shares; one share will go to the paternal and maternal uncles and aunts of his mother, (and they will, as an obligatory precaution, make a compromise in dividing it). And the remaining two shares will be divided into three parts, one part goes to the maternal uncle and aunt of the father of the deceased who will divide it equally among themselves; and the remaining two parts will be divided between the paternal uncle and aunt of the father of the deceased (the share of the paternal uncle is twice as much as the share of the paternal aunt).

Issue No.2394- The share of the inheritance of paternal and maternal uncles and aunts (provided that they are all of the same father and mother, as they are often so) can be mentioned briefly as follows:One paternal uncle or aunt [since he/she is the only heir] inherits the entire property. And if the heirs are several paternal uncles or aunts, they inherit the entire estate equally, and if there are both paternal uncles and paternal aunts, the paternal uncles get twice as much as paternal aunts. In case the heir is one maternal uncle or aunt, he/she inherits the entire property. If the heirs are several maternal uncles or aunts, or both, the property will be divided equally. However, if the heirs are paternal uncles and aunts together with maternal uncles and aunts, the paternal uncles and aunts take two shares, and the maternal uncles and aunts take one share. Every paternal uncle gets double the share of every aunt, but the shares of maternal uncles and maternal aunts are equal.

Issue No.2395- If one’s permanent wife dies and has no children, the husband inherits half of her property, and the remaining half is given to her other heirs. If she has children from that or another husband, her husband will get one-fourth of the property, and the remaining part will be inherited by her other heirs.

Issue No.2396- If a man dies and has no children, his permanent wife inherits one-fourth of his property, and the remaining part will be given to other heirs. In case however, he has children from that wife or another wife, the wife gets one-eighth of the property, and the remaining part will be inherited by his other heirs.

Issue No.2396- If a man dies and has no children, his permanent wife inherits one-fourth of his property, and the remaining part will be given to other heirs. In case however, he has children from that wife or another wife, the wife gets one-eighth of the property, and the remaining part will be inherited by his other heirs.

Issue No.2397- A wife inherits from all her husband’s movable properties but she does not inherit anything from the land he owns, irrespective of whether it is the land of a house or that of a garden or of a crop nor does she inherit from the value of such lands. She does not also inherit from the things situated within the space of the land (for example, buildings and trees), though she inherits from their value.

Issue No.2398- If the wife wishes to have any right of discretion over things from which she does not inherit (for example, the land and the building of a house) she should obtain the permission of the other heirs to do so. Also, it is not permissible for other heirs to appropriate, without the permission of the wife, those things from which she inherits (for example, buildings), unless her share from those things has been paid to her by them. And if they sell it before giving the wife’s share, the transaction will be in order if the wife gives permission, otherwise it will be void with respect to her share.

Issue No.2399- If one wishes to evaluate the buildings and the trees, and the like, it should be calculated as to how much its value would be if it was a rented property remaining on that land; the share of the wife should be given from its value.