DESIGN OF ISLAMIC INHERITANCE DISTRIBUTION SYSTEM

DESIGN OF ISLAMIC INHERITANCE DISTRIBUTION SYSTEM



CHAPTER ONE

INTRODUCTION

      BACKGROUND OF STUDY 

 According to the Islamic shari’ah law inheritance is the process, where by a person has a specific share over the estate of a deceased person if he has one or more of the following relations with the deceased.

Blood relationship (nasab)

Marriage relationship (Nikaah)

Clientage (Walaa’un)

In any society in the world, inheritance is a significant source of getting right over the estate of the deceased to his successors. The nature of the law of inheritance and the pattern of distribution of the estate of the deceased varies among people of different religion and culture, one of such laws allows only the eldest son of the deceased to take the whole property of the deceased depriving his younger brothers and sisters and other closer and distant relations, some systems consider only the male successors discriminating against female only denied the right to inherit a property but also themselves son of their husbands (her step son).

      In Islam, the legal terminology ‘MIRATH’ means inheritance to be derived from the property of the deceased and share among his successors in accordance with the rule laid down by Islamic shari’ah law of inheritance, it consist of several conditions, impediments and elements for its validity. The demised of a person transfers must of his rights and obligations to person who survived him called heirs or representatives, these heirs are not all equal as some of them have priority over the others. 

Unlike other religions and cultures, a dying person in islam is allowed to make a request (Wasiyyah) that is to dispose some of his wealth to some people if he wishes, this is in recognition of disposal of a dying person. However, the right to make a request or will (Wasiyyah) not be without restrictions in the Islamic shari’ah law.

The attempt of this research work is to derive, modulate and formulate a computational procedure for solving several deferments cases of a testate person. It should serve as an improvement upon the traditional manual method of trial and error. This way, we can systematize the approach making it more direct, easier, efficiently and scientifically.


STATEMENT OF THE PROBLEMS

Problems are usually encountered in the manual methods of calculating and distributing of estate of a deceased person to his due heirs, some of them are listed below.

Speed: Traditional or manual methods are relatively slow and less efficient especially when the numbers of heirs are large.

Error Prone: different kinds of errors occur in the manual method which is all due to complex and numerical nature of the process.

 Re-occurring Process: whenever it has to be carried out, some formulas needs to be reversed again and again, and the process is repeated as many times as required which result duplication of effect.

Time consumption: long period of time is wasted during analysis, calculation and distribution of the estate.


SCOPE AND LIMITATIONS

This research will be limited substantively to the ruling to the Islamic shari’ah law of inheritance distribution; the output of the program as a result will be based on the inputs. The software should be able to perform operations such as to exclude some heirs totally in the presence of some heirs and also to be able to identify those that cannot be excluded but the amount of share they receive will be hindered with the presence of some heirs.

There are various schools of thought in Islam and each school of thought has different groups of jurist. The rule of Islamic law of succession varies from one school to another and sometimes has the same and different views about a problem in Islamic succession.

This research will look into some views of Maliki’s school of thought and some from Shafi’I. However, some special cases of inheritance will be ignored e.g cases with the presence of hermaphrodite (khunsa mushkili), and some cases of (mas’alah mushtarika) but not all of the cases, missing person, embryo, and any case in which the estate property are not in currency.  


AIMS AND OBJECTIVES

  The aims and objectives of this research are to explore the possible solution towards the treatment of the estate of a tested person in conformity with Islamic sharia’ah law of inheritance distribution.

Other objectives of this research work consist of the following:

To design and implement a powerful software model that eliminates the possibilities of errors.

To increase the efficiency and accuracy in the systems.

To design a flexible software capable of solving different cases in inheritance according to the Islamic shari’ah law even by people with literacy in computer.

Eventhough, there may be (Wasiyyah) in some cases and normally eliminated before the distribution, the software will interestingly make the distribution along with the wasiyyah automatically.


DEFINITION OF SOME TERMS

Heir: A person who by virtue of his /her relationship with the deceased become entitle to inherit some portion of the inheritable wealth as in accordance with prescribed formula.

Agnate: A person who has no any prescribed share in an inheritance but inherits whatever remains deducted therefore he is also called a “residuary” or (Asabat).

Posthumous: A term used to describe the person being inherited also called the “deceased”.

Full Brothers/Sisters: A person who shares the same father and mother with the deceased.

Consanguine Brothers/Sisters: A person who shares only the same father with the deceased.

Uterine Brothers/Sisters: Somebody who shares only the same mother with the deceased.

Al-Fard: A share specified by the qur’an or hadith. Plural frood. 

Residue: what remains from the estate of the deceased after removing the share of the frood.

Tasweeb: The process of inheritance of an asabat or agnitization.

Tasweel: The process of modifying the base.

Common Multiple: A common multiple for two or more numbers is a number to which each of the numbers is a factor

Least Common Multiple: The smallest common multiple for a set of numbers is called the least common multiple.

                              






CHAPTER TWO

LITERATURE REVIEW

2.0 The word “Inheritance” is an Arabic equivalent to the word “Mirath” (Word power dictionary) the word “mirath” is a derivative from the root word “Warath” which simply means to succeed. As in the saying of Allah (s.w.t) “Wawaritha sulaimana daawuud” Qur’an (27:16). It simply implies “the transfer of something from one person to the other”. Moreover, in its common usage it means, the transfer of wealth, knowledge, majesty or reverence (Al-sabuni 1989).

Technically and in the law of inheritance, “mirath” means the transfer of ownership from a death person to his surviving heirs, be it (the subject matter of inhritance), a wealth or a right (Ahmad 1966).

The knowledge of determination of heirs (inheritance) and their legibility and other right connected to the estate of the deceased (tarikah) is known as “FARA’D”. FARA’ID, the plural of FARIDAH literally means “Fixed” or “determined”. From the word “FARD” which can notes a “fixed share” (Ibn Hajar 1419-1998).

Some scholars defined fara’id (the knowledge of inheritance) as to means technically, knowing the rules of shari’ah in respect of wealth (Muhammad 1963).


2.1 ESSENTIALS OF INHERITANCE

Inheritance in Islam will not take place unless the reasons for the inheritance and the three pillars coincide which include al-muwarrith(the deceased), al-mauruth(the estate left) and al-warith(the heir), (M.R Awang 2008). Al-Muwarrith is when a benefactor dies,. While al-Mauruth refers to the inheritance wealth owned by the benefactor,.  be it liquid or solid wealth and all rights associated with the wealth

The deceased person.

The estate.

The heir(s).

2.1.1 I) The deceased person (Al-muwarrith) or (Al-mayyit): This is a person who is to be inherited by another person after his death whether genuinely, taqdiri or hukmi (Al-sabuni 1989). But for the purpose of succession, deceased person is a death person whose assets are transferred to his legal heirs according to the rule of succession.

2.1.1 II) The estate (Al-maurith): The term estate means legacy left by the deceased person. In the eyes of law, it signifies property which is to be distributed to the deceased legal heirs according to rules of succession. According to the maliki school of jurisprudence, tarika is what a person leaves after his death consisting of other properties and other financial rights irrespective of whether they are incumbent or not (Muhammad 2001).

2.1.1 III) The heir (Al-Warith) is a beneficiary who will receive an inheritance and is required to be alive during the demise of the benefactor, whether genuinely, hukmi or taqdiri.

2.1.2.1     Liabilities and obligations attached to the estate.

No legacy can be passed to heirs without discharging liabilities from the estate. Liabilities are classified as follows:

Liabilities for human being(s).

The right of Allah (s.w.t) such as unpaid Zakat etc.

Funeral expenses.

Bequest.

Ascertained liabilities include any liabilities or debts that are established either by confirmation or a admission when the deceased is alive and will or by admission while he was sick and established by way of seeing it. These types of liabilities are to be paid from estate before anything. This is the view of the first jurist, Maliki, Hanafi and shafi’i (Ayub 2002/1422). Examples are:

Mortgage: when a person mortgage his house to another and then later the mortgagee dies before he redeems (pay back the debt) and leave nothing other than his mortgaged house, the mortgagor will be given a precedence over than anything in the case the house is sold (Al-jazuli).

Compensations: where there is say, Qisas against the deceased which is waived for money compensation, it will be considered first before anything just like mortgaged. Unascertained liabilities are said to be claims made by some persons after the death of the deceased person which the deceased did not declared during his life time. Such claims when established by claimants through evidence are to be paid as indicated earlier on.

The rights of Allah (s.w.a) such as unpaid Zakat, Compensations and pledges (Nudhur). These right must to be given out of the estate before the distribution according to Maliki and other jurist.

Funeral expense: Another liability attached to the estate is the funeral expense before process from the time the deceased died to when he is buried. This is to include funeral bath, cloth, carrying the corpse or cadaver. Digging the grave and burying the body. But excluding anything innovation which is not islamically known.

Bequest (Wasiyyah): wasiyya is an Arabic word which means bequest. It simply means a promised or a gift which is executable after the death of Al-muswi (person making the will) (Ibn hajar 1419/1999).

       Making a wassiyyah is highly recommended is islam. The Authority of this rule is mentioned in the holy Qur’an in surah Al-Nisa’i. According to maliki and other sunni schools (jurists), Making a wasiyyah is not compulsory, under different situation it may become compulsory, forbidden, Makrooh or recommended.

It is compulsory for a person who did not pay his legal obligation during his lifetime, such as payment of Zakat which was due before his death, performance of hajj, umrah and payment of debts and kaffarah etc. whithout making a wassiyyah by him, there is fear that claim would be lost.

It is forbidden (Haram), when was made for lamentation after his death. Also when was made to unlawful things in Islam, eg building of church, idol worshipping houses or cinemas etc.

It is makruh that is it is discouraged if the testator has very little property and not sufficient for his legal heirs.

Making wasiyyah to his poor relatives, who are not his legal heirs is very recommended, also in favor of others poor and needy persons who are righteous. The wasiyyah of general charity is highly recommended in Islam.   


2.2 ESSENTIAL ELEMENTS OF WASIYYAH

In order to make a valid and executable wasiyyah, the essential elements of wasiyyah must exit, they are as follows:

Al-Musi (the testator)

Al-Musallahu (the legatee)

Al-Musabbehi (the legacy)

Al-Sigha (The formula)

Al- Musi (the testator): He is a person who makes wasiyyah. He must have legal capacity at the time of making wasiyyah. It will take effect after his death and he must fulfill the following conditions.

    The testator must be sane and adult, however according to maliki school, bequest of a child and insane person will be valid on condition that there is a guardian who can supervised such wasiyyah and that intention of the testator must be for the sake of Allah (s.w.a).

He must be the owner of the property of the wasiyyah.

He must not be a bankrupt and debtor. A person being in debt to all his property cannot make a valid wasiyyah.

Al-musallahu (legatee): He is a person or object to whom the wasiyyah is made. He must be capable of ownership actually or constructively if he is minor or insane person, wasiyyah can be made accepted by his guardian on his behalf. It can be made infavour of mosque, school, bridge etc. it can be made to the members of the children of those sons and daughters who already died during the life time of their father (deceased).

Al-musabbehi (legacy): it is the subject matter of wasiyyah anything which can be owned lawfully in islam can be considered as the subject matter of wasiyyah. It must fulfill the following conditions.

It must be lawful in the sight of islam.

It should be existence actually and transferable to the legatee after the death of the testator (Al-musi).

It must be under custody of testator or his executor.

It must be available at the time of the testator’s death. However, wasiyyah can be made with contingent property i.e which has not yet happened e.g unripe fruits and unburn young animals.

Al-sigha (formula of wasiyyah): it is and upper and acceptance the upper must be made by testator during his life time either verbally or in writing and the acceptance must be made by the legatee himself or by guardian after the death of the testator. The Holy Qur’an requires that the upper should be made in the present of two men witnesses as it is mentioned in surah Al-ma’ida.


2.3 REVORKING OF WASIYYAH

The wasiyyah would be revoke in the following cases.

When al-musi (testor) revoked his bequest during his life time.

When al-musi became insane after making his wasiyyah continue on this condition up to his death.

When al-musallahu (legatee) died before the al-musi and the wasiyyah was for a fix person.

When the legatee killed al-musi intentionally.

When the legatee return back wasiyyah after the death of al-musi to his heirs.

When the legacy al-musabbehi belongs to another person but not to testator and its proved, then the wasiyyah would be revoked.

The right to make a wasiyyah (bequest) is not without restriction in the Islamic law. The restrictions are based on two important issues to it.

The quantum of the wasiyyah which should not be more than sitting the debts and funeral expenses (Al-jazuli).

   Any person who does commit more than one third (1/3), it will not be respected; rather it will be cut to the legal one third except where the heirs consented to the increase.

The second restriction is with regard to the beneficiary of the wasiyyah. According to imam Malik School of law, bequest to an heir is illegal except if consented by the rest of the heirs (shalbi 1999). In determining whether the beneficiary of the bequest is an heir or not. It’s his position to the time the testator died that will be considered not at the time of the bequest.


2.4    HEIRS FROM THE MALE AND FEMALE RELATIVES

There are fifteen persons who inherit from the male relatives of the deceased person either by the stated Qur’anic shares (fard) or by the way of agnitization (at-taswib) to wit:

            Son(s)

            Son’s son (how low what so ever to a million degree)

            Father

            Father’s father (how high what so ever to a million degree)

            Full brother

            Consanguine brother

Uterine brother

Full brother’s Son

            Consanguine brother’s Son

            Full paternal uncle

            Consanguine paternal uncle

Full paternal uncle’s Son

Consanguine paternal uncle’s Son

Husband

Master

The above are person’s who inherit from the male relatives either by way of agnitization (at-taswib); those from female are, by way of expansion ten (10) in number (Muhammad et al, 1991).

Daughter

Son’s Daughter

Mother

Mother’s Mother

Father’s  Mother

Full Sister

Consanguine Sister

Uterine Sister

Wife

Mistress


2.5    CLASSIFICATION OF HEIRS

Majority of the Muslim jurist including Imam Malik divide all the heirs into two main types.

Qur’anic heirs (Ashab)

Asbab (Residuaries or Agnates)

There exist another class of heirs called zawil-arham (distance kindred). These are the relatives who are neither Qur’anic heirs nor Agnates. There is disagreement among jurist whether or not they can inherit (Al-sabuni 1989).

According to imam malik and shafi’i where there is no Qur’anic heirs or agnates the estates will go to the Islamic treasury for the benefit of muslim. The Zawil-arham according to the other jurist.

The Qur’anic heirs are thirteen in number, four among them are male, while the remaining nine are female. They are as follows:

Husband

Father

Grand father

Uterine brother

Wife

Daughter

Son’s Daughter

Mother

Father’s Mother

 Mother’s Mother

Full Sister

Consanguine Sister

Uterine Sister

At this juncture, it should be noted that the shares allotted to the Qur’anic heirs are specified in surah Al-nisa’I verses 11, 12, and 176 they are:

          FIRST CATEGORY:

1/2   (half)

1/4   (one fourth)

1/8   (one eight)

  SECOND CATEGORY:

2/3   (two third)

1/3   (one third)

1/6   (one sixth)

Ashab (residuaries/agnates):  They are male relatives, in the line of relationship with the deceased. No female enter. They have no any fixed share. If the deceased is not survived by Qur’anic heirs whole of the properties fall to the asbah, and if they co-exist with Qur’anic heirs, they will get the remaining after the share of the Qur’anic heirs and if the whole estate is exhausted by Qur’anic heirs they will get nothing. Before any case of inheritance holds, three conditions should be satisfied. Until each condition is met no estate can be divided as inheritance these conditions are as follows:

Ascertainment of the death of the porosities

Ascertainment of the life of the heirs

Ascertainment of the link between the heir and the deceased person

 i)   Death in fact (Al-mautul hakiki): where some witness the death of the deceased person by seeing his death body.

ii)   Death in law (Al-mautul hukumi): where a court of law will, by studying the surrounding circumstances, give a verdict as to the effect if declaring the person in Question dead e.g a missing person. With regard to the reasonable time, the jurist are not in agreement as to the period that is reasonable in this case. It is narrated from Imam Malik that the period is 70 years relying on the famous tradition of the prophet (S.A.W) where he say “The life span of nation is between sixty to seventies.” It is also narrated from Maliki that when a person got missed in an Islamic state, and where about is not known, he will be sought for all in places where he is expected to be seen and by which ever means available. If he is not found, then a period of four years will be given to the wife to wait, after which she will observe her iddah and marry another husband (Al-sabuni 1989).

It must be clearly ascertained that the heirs survived the deceased person after the letters death. It is a condition that the heir remains alive after the demised the porosities.

It is a condition precedent for any inheritance to hold to know and ascertain the linking relationship between the porosities and the surviving heirs. It is not enough to say “he is brother to porosities”, but it must be clear whether he is a Full, consanguine or uterine etc.


  GROUNDS FOR INHERITANCE

Grounds of inheritance are known in Islamic terminology as “Asbabul – irth” these are the legal basis on which prospective heirs may be legally justified to benefit from the estate of the deceased  (Al-sabuni 1989).

There are three basic grounds on which heirs may inherit. These are: 

Blood relationship (Nasab)

Marriage (Nikaah)

Clientage (Wila’um)

2.6 a)      Blood relationship (NASAB)

By blood relationship we mean source connected the deceased person from among the heirs by reason of birth. This includes the deceased ascendants, descendants and collaterals whether the ground by Qur’anic share and or by agnatization only (Al-Ghamidi 2002).

2.6 b)       Marriage (Nikah)

This refers to the valid marriage irrespective of whether there was consummation or not. Thus, a wife may inherit her deceased husband who died before or after consummation but after the contracting of a valid marriage, Abdul-jabbar (1419/1999). She also inherit him when he dies while she is in the iddah (waiting period) of a revocable divorce (talaq-ur-raj’iy). But where the divorce is irrevocable she cannot inherit him because the marital linkage has ceased to exist (Al-Ghamidi 2002).

 2.6 c)      Clientage (Al-wilaa’u)

When a person free his slave, he is, by Islamic law allowed to inherit his slave where the freed slaved is not survived by an heir, (Al-Ghamidi 2002).

The clientage is a special relationship. It must remain in the hand of the master or given as a kinship like the blood kinship. It cannot be sold or given as gift (Hakim), (Muhammad 1963). Where there is no heir in heritage on any of the forgoing grounds the deceased’s estate will be deposited to the baitulmal (the Islamic treasury).

  MODES OF INHERITANCE

There are basically two modes of inheritance.

By Qur’anic shares (Bil-Fara’id)

By Agnitization (Bit-tasib)

Inheritance by the way of Qur’anic shares is where a heir has a specific and determined share in the Qur’an or sunnah or ijima’a such as 1/2, 1/4, 1/8, etc. the share of the Qur’anic heirs do not reduce or decrease except by Aul or Radd respectively.

The second mode, inheritance by the way of agnitization refers to that which is not by a specific share but where there is a residuary, heirs in which he will take the whole estate when there is no Qur’anic heirs or take the residues after removing share of the Qur’anic heirs. And where there is no residues the “Asid” (residuary) gets nothing.


  IMPEDIMENT TO INHERITANCE

There are certain factors which impedes a person from inheritance. Their effect is that a person who is affected by them is to be considered as not existing, that is to say has no impact to the inheritance as we shall see in chapter three, some of them are:

Slavery: A slave is not legible to inheritance because freedom from slavery is a requisite to inheritance.

Killer: the killer of the deceased person is not entitled to inherit once.

Illegitimacy: An illegitimate child is not entitle to inherit his father, however he inherit his mother.

Uncertainty as regard to the survival: where two persons who may inherit each other died in a situation in which is not clear who died first among them. None of them is eligible to inherit the other.

Li’an (Dual Testimony): where a child is disowned by his “father” through the process of li’an (dual testimony) both the father and child can not mutually inherit one another

Difference of religion: the prophet (s.a.w) said, “A Muslim cannot inherit a non Muslim nor a non Muslim inherits a Muslim”.(Bukhari). 

Factors 4 and 5 above are used by some scholars of Maliki School of thought.


CHAPTER THREE

SYSTEM ANALYSIS

3.0 System analysis is define as the dissection of a system into components pieces for the purpose of studying how does components pieces intact for the purpose of studying how does components pieces interact with one another to make up of a system (Ian somavil 2006).

System Analysis is done for the purpose of subsequently performing a system synthesis i.e. the reassembly of a system component pieces back into a whole system hopefully an improved system.

In this work, the system analysis regarding the distribution of estate of a tested person to the legal heirs will focus its attention on methods and procedures involved in calculating shares of each legal heir by the existing system. All other conditions and impediments will be carefully analyzed such that only those heirs that satisfy the underlying criteria and condition(s) will be allotted their portions.


 SYSTEM PROCEDURE

By system procedure, we mean the way and manner of distribution of the net estate based on specific rules to the legal share which are as follows.

        Qur’anic shares (Al-Furoodul-muqaddarah fil Qur’an)

By Qur’anic shares we mean those shares mentioned by the Qur’an. These shares are only six and no inheritance can go beyond them apart from agnatization that is to be explained later. The shares mentions in the Qur’an are six namely:

First Category 2.   Second Category

   

1/2 (Half)                                                              2/3 (Two-Thirds)     

1/4 (One-forth)      1/3 (One-Thirds)

1/8 (One-eight)      1/6 (One-Sixth)

                                   Person entitle to each share

1/2 is a share of five categories of heirs; one from male and four from

The females, these are:

Husband.

Daughter.

Son’s Daughter.

Full Sister.

Consanguine Sister.

1/4 is a share of only two persons:

Husband

Wife

1/8 is a share to only category of heirs:

Wife or Wives.

1/3 is a share to only two category of heirs

Uterine Brother or sister

Mother

2/3 are the share of five types of heirs all of whom are females:

Father

Two(2) or more Daughters

Two(2) or more Son’s Daughters

Two(2) or more Full Sisters

Two or more consanguine Sisters

1/6 is a share of seven persons:

Father 

Father’s Father

Mother

Son’s Daughter

Consanguine sister

Father’s Mother or Mother’s Mother

Uterine Brother or Sister.

                 Rules for allotting shares to each legal heir are as follows:

Husband: The husband gets a fourth of the estate if the decease’s descendants survive else he gets a half.

Daughter: The Daughter, in the absence of son(s), get a half of the inheritance and if more than one, they share in third. With son(s), the descend daughter(s) and the son(s) share equal to half that of male.

Son’s Daughter: The Son’s Daughter(s) inherit only in the absence of the deceased Son, in the absence of Son’s Son(s) and Daughter(s), Son’s Daughters replaces the Daughter, Son’s Daughters take a sixth, completion of the two third. With Son(s) at or below their level, they share in the residue of the estate on the basis that a son’s Daughter’s portion is half that of a Son’s Son.

Full Sister: The same as in Full Brother only that to a Full Sister, is a portion equal half that of a brother, when alone, she gets a half and if more than one, they share in two-thirds of the estate. 

Consanguine Sister: In the absence of Full Brother and Full Sister the deceased’s consanguine Sister takes place of the Full Sister.

 Wife: The Wife/Wives gets an eight of the estate if the decease’s descendants survive else the/they get a fourth.

Mother: The Mother in the absence of the descendants or the deceased brother(s) (Full or Consanguine) get a third of the residue of the estate else a sixth.

Consanguine brother: in the absence of a Full Brother and Full Sister, the deceased consanguine Brother takes a place of the Full Brother. With Full sister and or the spouses, Consanguine Brother takes the residue.


                              

Table1. Male heir

No.

                        Heir

                          Remarks                                         


1

Father       

Inherits in different capacities, e.g. as an agnate in the absence of son how slow so ever, in the presence of any of whom he coverts to a share of 1/6 never excluded.


2

Father’s Father(How high so ever)

Acts as a Father in the latter’s absence. Excluded by Father or nearer Ground Father. 


3

 Son

Inherits as an agnate. Never excluded


4

Son’s Son (How low so ever)

Acts as son in the latter’s absence. Excluded by son or nearer ground Son  


5

Full Brother

Act as agnate in the absence of Son’s Son, how low so ever in whose presence heirs excluded.


6

Consanguine Brother

Act as full Brother in the latter’s absence otherwise he is excluded.


7

 Uterine Brother

Inherits only as shares 1/6 if left alone or 1/3 in case of two and above, excluded by Father, Father’s father son, Daughter, Son’s son, Son’s Daughter.


8

Full Brother’s Son

Acts as full Brother in the latter’s absence. Excluded by full Brother or nearer Brother’s Son and the father, the son and the Son’s Son. 


9

Consanguine Brother’s Son

Acts as consanguine Brother in the latter’s absence. Excluded by full Brother’s son, or heir that excludes full brother’s son. 


10

Full Uncle

Acts as agnate in the absence of any.

Excluded by full brother’s son, Son’s son how low so ever, Father, Father’s Father, how high so ever. Brother and brother’s son.


11

Consanguine Uncle

Acts as full uncle or nearer full Uncle’s son


12

Full Uncle’s Son (How low so ever)

Excluded by full Uncle or nearer full  Uncle’s son


13

Consanguine uncle’s Son(How low so ever)

Acts as Consanguine uncle in the latter’s absence. Excluded by consanguine uncle or nearer consanguine son.


14

Husband

Has a fixed share of ½ if his deceased wife has left no child or ¼ if she has, never excluded.



                                        Table2. Female heir

No.

                       Heir

                          Remarks


1

Mother

Takes a share of 1/3 in the absence of son, son’s son, and daughter; and in the absence of two or more brothers or sisters else 1/6.


2

Father’s Mother and Mother’s Mother how high so ever

Act as Mother in the absence of Mother or near grand Mother, excluded by mother.


3

Daughter

Take a share of ½ or 2/3 if more than one if the deceased has left no son, else taking half the son’s share. Never excluded.


4

Son’s daughter how low so ever

Takes a share of ½ in the absence of daughter she takes 1/6 when inheriting with one daughter. Excluded by the survival of a son or higher son’s son, more than one daughter, or high son’s daughters.


5

Full Sister

Takes a share of 1/2 or 2/3 in case of two and above. Excluded by a son, son’s son and father. 


6

Consanguine Sister

Acts as full sister if the latter is absence in which case she takes a share of 1/2. Takes 1/6 when in the presence of one full sister. Excluded by more than one full sister.


7

Uterine Sister

Takes a share of 1/6, or 1/3 in case of two and above. Excluded by father, father’s father, son, son’s son, daughter, son’s daughter,


8

Wife

Takes a share of 1/4 in the absence of son, or 1/8 in the presence of one. Never excluded.




HAJAB (HINDRANCE)

Hindrance is the ways through which one of the heirs are hindered to the inheritance. This hindrance is divided in to two: Exclusion (hajab isqad) and Displacement (hajab naquad). The illustration of the above statement is given in the table below.


                             

Table3. Exclusion from inheritance

No.

Heirs

Exclusion Remarks


1

Son’s son

Excluded by son.


2

Father’s Father

Excluded by Father.


3

Brother

Excluded by Son, Son’s son how low so ever, and father.


4

Brother’s son or Daughter

Excluded by their parent and those that excluded them, and father’s father. 


5

Uncle

Excluded by brother’s son and those that exclude them.


6

Son’s daughter

Excluded by son or two daughters and above except in the presence of male agnate co-existing along side.


7

Consanguine sister

Excluded by the full brother or two full sisters except in the presence of a male agnate co-existing along side.


8

Consanguine brother

Excluded by Full brother and those that exclude him.



                                           Table4. Displacement of inheritors

No.

Heirs

Initial share 

       Displacing agents

Share after Displacement


1

Husband 

½

Son, son’s son or daughter

¼


2

Wife/wives

¼

Son, son’s son or Daughter

1/8


3

Mother

1/3

Son, son’s son, two full or consanguine or uterine brother or sisters.

1/6


4

Father

Residue

Son, or son’s son

1/6


5

Daughter

½

Another daughter or  daughters

2/3


6

Full/full sister

½

Another full sister/sisters 

2/3 to share equally


7

Uterine brother

1/6

Another uterine brother or sisters.

1/3 to share equally


8

Son’s daughter

½

One daughter only

1/6


9

Uterine sister

1/6

Another uterine sister or brother

1/3 to share equally


10

Consanguine sister

½

One full sister only.

1/6





ANALYSIS OF INPUT

The input requirement of the existing system include only fundamental data type such as integer value, double value and the list selectable string values in the drop down menu that the system need to process in order to come up with an output data as result information. Technically, it capture the details of data from the user in the first frame in which it provides boxes with drop down menus to select the appropriate option and another box for selection of heirs and another one showing and indicating the list of heirs that the user selected, and from their when the user click on button named “Distribute” then the result will be shown in another window. 

To ensure optimality and safety use of the software, an exception handling techniques has been used to prompt the user for any errors made during the entering of the data for necessary corrections before proceeding to produce the result. 



ANALYSIS OF THE OUTPUT

From the analysis of the output result in the existing system, it has come to the understanding of the analyzer that the output result is completely dependent to the input data from the user. This is as possible as so many users can come up with different cases in which each case has to be treated exactly the way it is so as to produce actual result that is related to that case, which is completely independent of the output of another case.

But all in all, the output result is displayed in the next window of the software’s windows in which the total estate left by the diseased entered by the user is shown, and the heir summary which include the list of hires and their allotted share.  

   












CHAPTER FOUR

SYSTEM DESIGN

4.0 System design is the process of identifying the sub system making up a sub system and a frame work for sub control and communication. System design is the overall organizational principle of the specification of the overall organizational principle of the design element and their transaction. It is also a standardization of organizational and interaction protocols (Iron somavil 2006).

In other word, system design is the specification or construction of a technical computer bases solution for the business requirements identification in a system analysis.


4.1 RESTATEMENT OF THE PROBLEMS

As we discoursed earlier, the problems that the previous system encountered are the major and the direction of this research, in which it intend to provide an optimal solutions to the new system. Now, the restatements of these problems are as followed.

1.    Compatibility problems of the system

2.     Complexity in the system 

3.    Limited scope of study 

4.    Low processing speed of the system

5.   Instability of the system




4.2      NEW SYSTEM PROCEDURE

Initially when the software is lunched, a welcome page will be appeared to the user with five buttons at the bottom of the window. The buttons are named as “About the Author”, “Scope & Limitations”, “Inheritance Computation”,  and “Get Help”. Clicking the “About the Author” button, a window will be shown containing a brief history of the author. Clicking the “Get Help” button, a window will be shown containing some briefings on how to use the software to compute inheritance. On the button “Scope & Limitations”, shows the user the scope and limitations of the software. Clicking on the “Inheritance Computation”, will lead the user to a page where he will calculate and distribute inheritance. Clicking the “Exit” button, will terminate the process. On the window (Inheritance Computation), it is divided into two frames, the first one will capture the details of the deceased person such as Name, amount left and the number of heirs left from the user, and from there he will be ask to enter the details of each heir, which are Name of the heir and the relationship of the heir with the deceased. When he entered all the details of the hires then the massage will be shown to him asking him to click on the button named “Distribute” to see the result. When the button is clicked, a window will be appeared showing all the information entered by the user, and the result information of each heir just besides his name, as the total output result.  


4.3 NEW INPUT REQUIREMENT

The new input requirement is an input procedure that will emulate the existed system in terms of information gathering. The input procedure will be in two phases, first the deceased details which include the name of the deceased (in string data type), amount of estate left (only in cash and in double value) and the number of heirs left (in integer value). But the second phase, it consists only specifying the heir’s details such as name in string and relationship with the deceased which will be selected in drop down menu as shown in fig. 1.2


4.4 NEW OUTPUT REQUIREMENTS`

The new output of the system will be in terms of temporary output on the screen through a label boxes and list box as shown below which comprises of the following.

Name of the deceased person

Amount of estate left by the deceased 

Number of heirs left 

Name of each heir and his/her corresponding share

As shown in fig. 1.3


EQUIPMENT REQUIRED

The minimum equipment required for the new system to run successfully is hardware and software requirement.

HARDWARE REQUIREMENTS

Pentium II 500 MHz or higher microprocessor

VGA or XVGA color monitor or high resolution screen supported 

50 MB for windows 95, 60 MB RAM for Windows NT

10 GB Hard Disk Drive (HDD)

 Enhanced key board

Mouse/pad

                               SOFTWARE REQUIREMENT

Visual Basic Programming Language

Visual Basic developments Environment

Visual Basic Run time environment

















CHAPTER FIVE

CONCLUSION & RECOMMENDATIONS

5.0 CONCLUSION

This work has been segmented into five chapters. Chapter one of the work contain background of the study aimed at given an insight into the direction of the research and the object of discussion, it also contains the research of the problems of the research, scope and limitations of the research, aims and objectives of the research. Chapter two of this research carries the literature review of the subject of research (inheritance distribution system), discussion over the designed features of the previous designed system, some problems of the previous designed system, new introduced designed features to the system and new idea. Chapter three, deals with the general analysis of the existed system. Chapter four cover the system design, new system procedure, new input requirement, new output requirement and equipment requirement. Chapter five comes with problems specification, cording, summary, conclusion and recommendations.

Computerization of real life application is currently the global topic of discussion. Developing a computerized system in Islamic succession is quite a welcomed development.

The system is applicable in Islamic schools, personnel used at homes and more importantly in shari’ah courts, if this system is put into use it will reduce or even eliminates the time wastage, complexities, and incompatibility of the existing system.

Uttermost consciousness and caution had been used in solving the arithmetical part of the work and in allotting and driving the share and bases all in a bid to give classical and reliable information.

It is worthy of stating that any mistakes that might be seen in this work, comes not from the laid down principle of the upright Islamic law but from the writer. I heartedly acknowledged that. I also owe my humble supervisor a duty of exonerates him totally from any possible mistakes or oversight, for the fact that the time width in which the project was written and that the fact my supervisor was at the time of this project supervising concurrently and simultaneous many projects. All this put together are enough to attract an absolute pardon that may over come from his part.

It is hardly possible for many parsons to got the whole hug in writing about Islamic law of inheritance in a work like this. For the reason, many areas of special consideration, which does not form part of the basic principles, are left untouched. These areas includes: inheritance of a missing person, embryo and zawil-arham etc.

I there for pray to Almighty Allah (S.W.A) to make this work fruitful to us, all those who helped in making it a reality in particular and to all the Muslim Ummah.  Certainly, Allah is most hearing and most merciful. 


5.1 RECOMMENDATIONS

The following procedure is being recommended for the smooth running of the system:

Proper implementation procedure should be followed.

Steady power supply is highly recommended in order to save guard against lost of data.

Any necessary required from the user should be entered carefully.

Restriction access to the system for security purpose of data integrity and virus attack.



REFERENCES

  Abu Zahrah, Muhammad. 1963. Ahkam al-tarikat wa almawarith. t.tp.Dar al- Fikr al-Arabi. 

Abul-Hassan, A. Izziyyah, Daarulfikr Np (ND)

Al-Ghamidi, Nasir bin Muhammad bin Masyri. 2002. Al-Khulasah fi ‘ilm al- faraid. Makkah al-Mukarramah: Dar Tayyibah al-Khudra‟. 


Al-Ghundur, Ahmad. 1966. al-Mirath fi al-Islam wa al-qanun. Mesir: Dar al- Ma‟arif. 27 


Al-Hasri, Ahmad. 1972. al-Tarikat wa al-wasaya fi al-fiqh al-Islami. Amman: Maktabat al-Aqsa. 


Al-Qur’an Al-Kareem

Al-Sabuni, Muhammd Ali. 1989. al-Mawarith fi al-shariah alislamiyyah fi daw al- kitab wa al-sunnah. Damshiq: Dar al-Qalam. 


Al-Zuhayli, Muhamad. 2001. Al Faraid wa al Mawarith wa al wasoya. Damsyiq: Dar al-Kalim al Tayyib. 


Al-Zuhayli, Wahbah. 1989. al-Fiqh al-islami wa adillatuh. Juz.8. 3rd Print. Damsyiq: Dar al-Fikr. 


Ibn Rushd. 1989. Bidayat al-mujtahid wa nihayat almuqtasid. Juz.2. Beirut: Dar al- Jil. 


JAGORAR MASU HUKUNCI (The ultimate Translation of TUHFATUL HUKKAM a book by Sheikh Abubakar Ibn Asim Al-Garnadi Al- Andulusi)

Kitab Al Risalah, Assamruddani (N.D) Darul-Fikr, Cairo

Makhluf, Hasanayn Muhammad. 1958. al-Mawarith fi alshari’ah al- islamiyyah. 3rd Print. t.tp: Matbaah li Jannah al-Bayan al-Arabi. 


Microsoft Encarta Dictionary

Mohd Zamro Muda and Mohd Ridzuan Awang. 2006. Islamic Inheritance Law: Implementation in Malaysia. Bangi: Department of Islamic Law, UKM.

Muhammad Muhiy al-Din Abd. Al-Hamid. 1991. Ahkam almawarith fi al- shari’ah al-islamiyyah ‘ala al- madhahib al-a’immah al-arba’ah. Beirut: al- Maktabah al-Asriyyah. 


Mustafa „Asyur.t.th. ’Ilm al-mirath.Qahirah: Maktabat al-Qur’an. 


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