widows' inheritance

[Saj]

salaam

Widow are to get 1/8 inheritance if husband has children. Husbands are to provide one year's provision and residence for her as well.

Is this in addition to her 1/8 inheritance?

Can husband's pension fund be used for this purpose?

If so, can she continue to receive pension fund for more than a year?

Is husband's pension fund included in calculation of his estate and divided amongst all heirs, or can widow be sole recipient of the pension fund, in which case would it impinge on her 1/8 inheritance?

Does the answer to above differ if she receives a lump sum or if she gets regular e.g. monthly payouts?

If the house is to be divided amongst several heirs, does ownership pass to heirs immediately or after the one year period?

If the house is given immediately to heirs, is she a "guest" at their behest. What are the rights and obligations of the parties concerned (especially if heirs are step-children for example)? Would it be acceptable to make her pay rent or other household expenditures? If she had to pay, should this come out of her husband's estate, her own inheritance or the pension fund she receives?

Sorry for all the questions but they do all link into each other.

Salaam

SJ

[Saj]

Bump.

Can anyone shed light on these issues.

They are very relevant to us, especially living in UK where we have to be extra careful in ensuring we abide by Shariah rulings on inheritance. In Muslim countries even if one doesn't have a will, estate could be divided islamically but in UK, without a will the non-Muslim State will have no qualms in riding rough-shod over any pleas to divide according to Shariah. It is up to us to make a will as soon as we can and stipulate necessary conditions in it.

Thanks.

[Ahmed]

http://www.daruliftaa.com/questions.asp?txt_CategoryID=CAT0000006

plenty here

[AH1999]

Bismillah Ar-Rahman Ar-Raheem
Assalaamu alaikum wa rehmatullah,
First of all I should say that it is best to discuss such issues with an Islamic scholar who specializes in this field of Islamic law.

In the meantime the following info. may be useful:
It is importance to differentiate between inheritance entitlement (mirath) of the widow and the maintenance allowance (nafaqah) of the wife. The two are separate issues.

INHERITANCE
When a Muslim dies there are four duties which need to be performed. These are:
1. payment of funeral expenses
2. payment of his/ her debts
3. execution his/ her will
4. distribution of remaining estate amongst the heirs according to Sharia

Assuming the first 3 duties have been performed the inheritance share of the widow is one-eight (1/8) if the deceased left behind any children or agnatic grandchildren h.l.s. (son’s son; son’s son’s son; son’s daughter etc.)
If the deceased did not leave behind any children or agnatic grandchildren h.l.s. the share of the widow is one-quarter (1/4).
If there is more than one widow they share in the 1/8 or 1/4 as the case may be.

The heirs become owners of the estate of the propositus upon his death.

Note: Only a Muslim widow inherits from her Muslim husband. A non-Muslim wife (Christain/ Jew) does not inherit from her Muslim husband but she can be mentioned in his Will. Non-Muslims cannot inherit from their Muslim relatives according to the 4 Islamic schools of jurisprudence.

Re: Maintenance (nafaqah) is for the wife during her waiting period (iddah) when she has been divorced. There is no maintenance (nafaqah) for the widow observing the waiting period following her husband’s death.
If a woman is observing iddah of a revocable divorce and her husband dies during her iddah is she entitled to maintenance? According to Hanafi fiqh, no.

Re: Pension: The crucial question is who is the owner of the pension fund, once this has been decided then then allocation can take place according.

Wassalaam, A.H.

[faizi]

i have been told that one years maintenance as mentioned in quran is no more valid because widow gets her share islamically and as such the relevent ayah of quran ia not valid any more and is therefore termed as cncelled. how can an ayah become invalid when a women realy needs time to come out of shack of her husbands death and needs time to take decision about her future.god has been kind to muslim women to grant one years maintenance which facility should not and could not be curtailed just because she gets a share in hetr husbands property.kindly explain in detail.

faizi