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 Who should inherit your wealth?
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kobo



United Kingdom
7765 Posts

Posted - 07 Jul 2006 :  09:00:37  Show Profile Send kobo a Private Message
quote:
Originally posted by Rainbow

My mum's mother died when she was young and her father remarried another wife and my mum and her sister were looked after by their uncle. Their father was not rich but aboved average.

When their father died the brothers and the other sons of the second wife took over everything.

Not a single thing was given to them. Lands and compounds automatically belongs to them. Because they have changed everything to their names. We are still going to court!!!



Rainbow I think answers to the above as follws; 5th Part continuation:

If the man or woman whose inheritance is in question, has left neither ascendants nor descendants
(The word in Arabic is "kalalat", which is so construed usually. But it was no where defined authoritatively in the lifetime of the Messanger(S.A.W). This was one of the three terms about which Hadhrat Umar wished that the Messenger (S.A.W) had defined them in his lifetime, the other two being the share of grandfather, and "riba"(usury). On the the accepted definition, we are concerned with the inheritance of a person who has left no descendant or ascendant (however distant), but only collaterals, with or without a widow or widower. If there is a widow or widower surviving, she or he takes the share as already defined, before the collaterals come in).

If the man or woman whose inheritance is in question; But has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused (to any one). Thus is ordained by Allah; and Allah is All-knowing, Most Forbearing.
(A "brother or sister" is here interpreted to mean a uterine brother or sister, i.e., a brother or sister by the smae mother but not by the same father, as the case of fullbrothers and sisters or brothers and sisters by the same father but different mothers is understood to be dealt with later, in the last verse of this sura(S.4 ). The uterine brother or sister, if only one survives, takes a sixth; if more than one survive, they take a third collectively, and divide among themselves; this on the supposition that there are no descendants or ascendants, however remote. There may however, be a widow or widower surviving; she or he takes her or his share, as already specified.

The shares of collaterals generally are calculated on a complicated system which cannot be described in a brief note. For these, and the rules about Residuaries "Asaba" refrence should be made to special legal treatises).

Next to be continued: Be assured that I would analyse typically your case from the authoritative sources on inheritance expounded (from all the contributions made) and simplifify the Islamic jurisprudence for you, Rainbow! Time ran out but see you later.

Edited by - kobo on 07 Jul 2006 09:03:46
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twinkly



United Kingdom
190 Posts

Posted - 07 Jul 2006 :  10:55:38  Show Profile Send twinkly a Private Message
quote:
Originally posted by Babylon
You know Twinkly... I think youīre just using this as an excuse for not working

Well, dearest Babylon, you thought wrong
I hope you can remember a few months ago I posted on here that my hubby is severely ill, he is very handicapped when it comes to fulltime, physical work due to his arthritis in both ankles and wrists.I am pregnant, doing two jobs to keep the family here and back home going so please don't labell me as being lazy.
There is a difference between having views and opinions about life and what life actually throws at you and how you have to deal with it.
Ironically, our roles are reversed, I'm the breadwinner, he's the "househusband" and father.This is not done by choice, but sometimes the Allmighty throws some tests at you and you have to deal with them accordingly
If I remember correctly, I was once accused by you of judging people?

quote:
Daycarecenters are even good for many children, they learn alot there that some parents canīt teach their kids. Such as social skills for example, how to behave among others.

This is actually my profession, I am a trained childcare worker, thank you for reminding me of the benefits.
quote:
Itīs good for both women and children to have a life outside their home, a mother needs to take care of herself as well inorder to cope with all work at home. Otherwise you can lose your mind and become a stressed mom who yells at everyone and everything.


That I just find a sad excuse for women who can't deal with the most natural duties of life.



Kobo

Many thanks for your enlightening findings and opinions you share with us, it is a pleasure to read.And apoligies for not taking your advise earlier, but I refuse to be labelled lazy and had to explain myself.I feel a lot better now
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Rainbow



Gambia
114 Posts

Posted - 07 Jul 2006 :  11:28:27  Show Profile Send Rainbow a Private Message
Thank you Kobo for the brief explanations - you must have been a good researcher in Islam?

quote:
Originally posted by twinkly

quote:
Originally posted by Babylon
You know Twinkly... I think youīre just using this as an excuse for not working

Well, dearest Babylon, you thought wrong
I hope you can remember a few months ago I posted on here that my hubby is severely ill, he is very handicapped when it comes to fulltime, physical work due to his arthritis in both ankles and wrists.I am pregnant, doing two jobs to keep the family here and back home going so please don't labell me as being lazy.
There is a difference between having views and opinions about life and what life actually throws at you and how you have to deal with it.
Ironically, our roles are reversed, I'm the breadwinner, he's the "househusband" and father.This is not done by choice, but sometimes the Allmighty throws some tests at you and you have to deal with them accordingly
If I remember correctly, I was once accused by you of judging people?

quote:
Daycarecenters are even good for many children, they learn alot there that some parents canīt teach their kids. Such as social skills for example, how to behave among others.

This is actually my profession, I am a trained childcare worker, thank you for reminding me of the benefits.
quote:
Itīs good for both women and children to have a life outside their home, a mother needs to take care of herself as well inorder to cope with all work at home. Otherwise you can lose your mind and become a stressed mom who yells at everyone and everything.


That I just find a sad excuse for women who can't deal with the most natural duties of life.



Kobo

Many thanks for your enlightening findings and opinions you share with us, it is a pleasure to read.And apoligies for not taking your advise earlier, but I refuse to be labelled lazy and had to explain myself.I feel a lot better now

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twinkly



United Kingdom
190 Posts

Posted - 07 Jul 2006 :  12:29:42  Show Profile Send twinkly a Private Message
quote:
I love my husband - but you cannot trust them (men) when it comes to ladies!!! I'm sorry men:-)!!!


I thought long and hard whether to comment on this, and since I haven't really contributed much to the topic, I can't keep quiet and have to share this thought.

If I was in this situation, I would have full trust in my husband, after all, I know him very well and wouldn't have agreed to marry him if I didn't trust him or like his ways.I know he would do the best he can and choose wisely.

I feel quite sad for you that you can't trust yor husband
This must make life difficult and worrying, especially if you see such things happening in your environment.

We should be one in a marriage, what's your is mine and what's mine is yours.Life has to go on if such a tragedy would happen, and it MUST be the man's duty to be responsible and take care of the children and do the best he can for them.
While the children are young, I would want my husband to inherit my wealth(it is OUR wealth anyway)and he should take great responsibility to take care of them.If the children are adults it should be split between them and the man.He has a right to find another wife, I couldn't just expect his life to stop just because of that, he would need to move on....
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Babylon



Sweden
691 Posts

Posted - 07 Jul 2006 :  13:16:54  Show Profile Send Babylon a Private Message
Sorry Twinkly, I guess I just got the wrong impression of you.
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Alhassan

Sweden
813 Posts

Posted - 07 Jul 2006 :  13:26:29  Show Profile Send Alhassan a Private Message
quote:
Originally posted by Janyanfara

Hey,

hold on a minute!Where does this all inequality started?I don't belief God's religion Islam if it is truelly God's religion would differentiate between childreen of the same Father.I don't agree as some of you seems to imply,

"Islam tends to support men over women".No not at all.Greedy men's Islam does but not God's Islam

Any religion which does not treat equality between men and women is not God's religion.

If God said in holy the Quran["In the name of Allah the merciful the beneficient,....Heaven lies at the feet of mothers"],

If the above is truely God's words ,then who are those preechers who mislead muslims about men over women in Islam?There is no where in God's religion which favours one against the other.

The reason sharia[Islamic law} gives more from the inheritance to the son over the daughter was because the daughter goes into another wealth[her husband's] whilst the son would keep the family tree growing and have to support a wife.

In islam women are suposed to keep beautiful and shinning in their fathers home.the only hard work she is expected to do is to help her mother in the household chores until she is matured and a man sees her and wanted to marry her.While the man is expected toil the soil,do all the hard work and move out in the sun/snow to look for something to do to bring food,clothing,medical-care ect, and when married,he is expected to take care of all family mentinances.

But as these rules were laid down,due to man's greed and laziness,they tried to change with time to suit themselves while refused to change the law.Thus left all the burden on women today.

Therefore if sharia is to be interpreted to our today standerd,all should be equal towards the dead father's wealth.People who call themselves Muslims now adays are those giving the religion the bad name it is having.

Islam which means peace would never create a chaotic environment.Women are never left behind in Islam as far as I know because a women in Islam is a princess who should enjoy in her father's house,then when she reaches maturity,goes to her husband whose duty according to the faith is to care and fed for her till death or seperation!

Thus with those guidelines set up by God,the reason for the prophet's Sharia but if things changed,the law also should change.

Only those who used the religion to suit them mislead people.God's religions Christianity,Islam,Judaism, ect are one and not seperable and who ever tries it you shall fail for God sent each prophet to continue where the other left.

People should try and read the oreginal texts of these religions.It is not advise-able to just belief in a faith just because you were born into it.None of the prophets did joined the faiths they found their people practicing.They went in search of truth and God had asked everyone to do just the same.Iliteracy in religion has led us to all these religious misunderstandings and confrontations.There is not difference in these religions.All are one.Just that they are sent in different languages.Thats all and some men tried to change them to suit their desires.

peace
Defender of all God's religions
Janyanfara


Janyanfara,
I suggest you try to get a landed scholar of Islam to explain the correct reasons of inheretance in Islam. The reason why men get more is "to support the sister until she gets married". Tacking care of our sisters is a command from god. That applies to women. When the Quran talks about women in general they mean our mothers, sisters, wives ect. People have misinterpreted the whole clause from the Quran to suit them. The came case applies to the ""Rights of women in Islam". Ask the landed scholars and they will tell you that women has a higt position in Islam. I suggest you read sura Mariam

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gambiabev

United Kingdom
3091 Posts

Posted - 07 Jul 2006 :  14:15:22  Show Profile Send gambiabev a Private Message
Twinkly I agree with you. If you cant trust a man why would you marry him?
Once married finances are shared in Uk usually. There is no mine and his, but OURS.
If you marry thinking it will be for life then why would you want things separate?
My ex husband and i always shared our money and when we divorced we simply split everything 50:50. We are still friends because we didnt argue about money.
In Uk if you are married, it is generally presumed that you husband or wife will inherit everything unless there is a will.

Once divorced most people would want their children to inherit everything.

The complication comes if you remarry and one or both sides has children. Personally I would want that agreed and a will made before I married anyone else.
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gambiabev

United Kingdom
3091 Posts

Posted - 07 Jul 2006 :  14:18:01  Show Profile Send gambiabev a Private Message
If a sister was given the same share as a brother then she wouldnt need looking after would she? she could look after herself!!!
Financial independence gives women life choices and freedom. If the men hold the purse strings they control the womens life.
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gambiabev

United Kingdom
3091 Posts

Posted - 07 Jul 2006 :  14:26:02  Show Profile Send gambiabev a Private Message
Twinkly, sometimes in your postings you sound like a stepford wife!
Yet then you tell us you are pregnant, working 2 jobs and have a sick husband. Obviously you are a much stronger person than you seem sometimes on bantaba.
I do hope your husband isnt taking advantage of your good nature. Is there really NO work he can do? What will you do when you have the child? Will you get sometime at home to enjoy the baby or do you have to go straight back to work?
Raising children and working outside the home is a team effort these days and different patterns work for different couples. In my case I did everything and my husband sat back and let me!!!LOL!!! Only joking. My exhusband was a brilliant hands on dad when my kids were little and we ran a business together from home, so both of us worked and both of us looked after our children. It was great. But then my ex became more ill and more dependent on alcohol and medication. Towards the end I was doing everything and now I take full responsiblity for my home and daughters with no support from him.

As you say, life is full of challenges and suprises!
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Rainbow



Gambia
114 Posts

Posted - 07 Jul 2006 :  16:54:56  Show Profile Send Rainbow a Private Message
NO PERSONAL ATTACK PLEASE IF CAN'T CONTRIBUTE LIKE KOBO PLEASE IGNOR!!!
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gambiabev

United Kingdom
3091 Posts

Posted - 07 Jul 2006 :  18:35:00  Show Profile Send gambiabev a Private Message
KOBO talks in riddles, is patronising to women and INSISTS on copying what the previous person has said. We can all READ, why does he insist on doing this. Just to drive me CRAZY?!!!

Rainbow, I can't see anyone being personal to you???
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LEMON TIME



Afghanistan
1295 Posts

Posted - 07 Jul 2006 :  19:51:02  Show Profile Send LEMON TIME a Private Message
Wow its heating up again where is Kanilai holy water.KOn

There is no god but Allah
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kobo



United Kingdom
7765 Posts

Posted - 07 Jul 2006 :  22:18:41  Show Profile Send kobo a Private Message
quote:
Originally posted by gambiabev

KOBO talks in riddles, is patronising to women and INSISTS on copying what the previous person has said. We can all READ, why does he insist on doing this. Just to drive me CRAZY?!!!

Rainbow, I can't see anyone being personal to you???



Those statements appear to be provocative! If you want to ridicle and drive yourself crazy by your extremist thoughts and confused state of mind, thats ok for you. However it appears you are highly educated (University product) and with the amount of experience (agewise) gathered. In addition to your education and being an intellectual you appear to lack certain potentials for in-depth analysis (objectivewise)as your contributions reflects certain prejudices, unprogressive thoughts and disoriented ideologies always being tested as new experiments through this forum. Now I mastered your art, inconsistencies and the limited capacity of information we can gather from you apart from provocations and twisting things towards the unexplanable negatives of opinions. Please do appreciate that these words typicalize the vibrant nature of Bantaba and no qualms or hard feelings intended against you, Its just a war of words

Edited by - kobo on 07 Jul 2006 22:24:53
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gambiabev

United Kingdom
3091 Posts

Posted - 07 Jul 2006 :  22:50:11  Show Profile Send gambiabev a Private Message
Seriously why do you repeat everything in quotes? Its not necessary!
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kobo



United Kingdom
7765 Posts

Posted - 07 Jul 2006 :  23:59:33  Show Profile Send kobo a Private Message
quote:
Originally posted by gambiabev

Seriously why do you repeat everything in quotes? Its not necessary!


Am consolidating them and controlling them as they flow through. That's just an idea and style to link my sources together for recap and better understanding of them in the sequence they were extracted.
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