Your Questions Answered (volume 6)

Q. 40: Jama 'at 's Meeting in Husainiya

Are Jama'at's meetings allowed to be held in Imambara? A: Yes.

Q. 41: Using Obscene language:

Is bad /filthy words and language allowed to be used in Husainiyah?

A: Such language is not allowed anywhere. In fact, if one uses such language in sacred places like masjid or Imambara, its sin will increase.

Q.42: Helping Sunnis ' Projects:

We being Shi'as, is it allowed for us to give assistance to our Sunni brothers' Mosque. Assistance like roofing of the portion used for prayers, providing them water supply, any repairs, providing mats etc. ?

A: Yes, you may assist the mosques of the Sunnis, as explained by you. But it should not come from Khumus, Zakah or Wajib Sadaqah.

Q. 43: USING SADQA MONEY FOR GENERL WELFARE:

Presently there is an outbreak of Meningitis in many parts of Tanzania. Can Sadaqah money be used to buy vaccines in order to be injected to the public or to school students? We are not Sure, that all those who are going to be injected are poor or not. Majority to be injected will be Africans.

A: The reply is the same as above. Helping fellow human beings is highly recommended.

Q. 44: CATEGORIES OF HEIRS AND THEIR SHARE:

Parents, brothers, sisters, wife and children survive a dead Muslim. What are their shares in inheritance? In what manner it changes in the absence of one or the other group of relatives?

A: In Shi'a shari'ah, blood relatives are divided in 3 categories; First: Parents and children. When there are no children at all, then their children take their place.

Second: Grandparents (both paternal and maternal) and brothers and sisters. When there are no brothers and sisters at all, their children will take their place.

Third: Paternal and maternal uncles and aunts. If there is none, then their children. Husband and wife will inherit each other with all the above mentioned three categories.

As long as there is even one person of first category, the second and third categories will get nothing. In the absence of the first, the heirs of the second category will inherit. And if there is no one in the second category too, then the heirs of the third category will inherit.

Now in your question, brothers and sisters will get nothing in the presence of parents and children.

If there is only one heir in the first category (only father, or mother or a son or a daughter) he/she gets the whole estate. If there are only the parents, the mother gets one third and the father two-thirds. If there are the children only, a son gets twice the share of a daughter.

If there are both parents, wife and children, then the shares will be as follows:- Father, 1/6; mother 1/6; wife 1/8; and the remaining 13/24 will be divided among the children, a son getting double of what a daughter gets.

If there are only brothers, sisters and wife, the wife gets 1/4; and the residue is divided among the brothers and sisters.

If there are only brothers and sisters, the estate is divided as in case of children (a brothers getting double of a sister). Of course, there are many details involved. Why not look into an English book of Masa 'ill

Q. 45: DOES A GRANDCHILD INHERIT IN PRESENCE OF A SON OR A DAUGHTER?

A son dies in the life-time of his father. The father has other sons and daughters. After the death of the father, would the children of the deceased son inherit along with their uncles and aunts?

A: No. Nearer heirs exclude the remoter ones from inheritance. Sons and daughters, being nearer to their father, exclude his grandchildren from inheritance because they are one degree removed. However, it is very much emphasized that the grandfather should give them a part of his estate through wasiyyat or gift; it would be in keeping with the obligation of Sila-e-Rihm, and in accordance with the Islamic mercy.

Q. 46: Distribution of deceased's estate:

Mr. A. was drowned.

Beneficiaries of his estate are as under:

1. Father (died after one month).

2. Mother

3. Wife

4. Son - (underage, minor)

5. Daughter

6. daughter - (Underage, minor)

7. Daughter - (Underage, minor)

Distribution of Cash/Bank balances was made as under:

Principal amount, after paying the Khums due, wasdistributed as under:- Estate of the Father 1/6th

Mother 1/6th Wife 1/8th After that, the balance was divided among the children, 2/5 going to the son, and the 3 daughters getting 1/5 each

During his life-time, the said Mr. A had bought a plot and started constructing a house for his own residence. The work was in progress when he died. The work was was completed after the deceaseds father died.

After the construction was completed, the deceased's family decided as under:- (a)To stay at the ground-floor of the house.

(b)To give on rent the 1st floor to one of the brothers of the deceased. Now The following questions are to be resolved: Can the family of the deceased stay in the said house without paying any rent?

A: One-sixth of the portion of house built up in the deceased's life had vested to the late father of Mr. A and now proportionately belongs to the heirs of the said father. Therefore, those heirs' consent must be obtained for this purpose. Also the wife should get consent of the remaining heirs to stay in that house.

Q. 47: Concerning the above:

How can the distribution of the said property be made in the light of the fact that the property cannot now be sold?

A: If it cannot be sold, then all the heirs of the late Mr. A as well as the heirs of Mr. A's late father will jointly be its share-holders, according to their appointed shares. Q. 48: Protection of the minors ' shares:

Concerning the above estate, since one son & two daughters are still minors, how can their respective shares be protected.The deceased's father, during his lifetime, had decided to appoint one of the brothers of the deceased to be his appointed trustee to act as the guardian of the children of the deceased but could not put it down in writing as he was in hospital at that time.Can the intended "appointed" trustee be the guardian of the children? If not, who can be the guardian?

The wife of the deceased has no objection to the appointment of the said trustee. A: If the grandfather had already appointed someone to act as guardian of his minor grandchildren, then the said guardian will look after their interest until they attain majority and rushd (maturity of mind). Verbal appointment is enough; writing is not essential. However it should be kept in mind that "intention to appoint someone" is not the same as "appointing someone".

What I have written above applies to the situation where the late grandfather had "appointed" one of his sons as the guardian, executor of the will, for his minor grandchildren.

However, if he had only shown his intention without saying "I appoint my son,.............,as guardian for my minor grand-children," then the Mujtahid or his Wakil has authority to appoint a guardian. In the case mentioned in the question, if the mother of the minor children agrees to the intended appointment, then I do not see any difficulty in his appointment, and it may easily be given consent to by the Mujtahid or his Wakil, if they are approached

Q. 49: Expenses concerning the minors ' shares:

In the above situation, what sort of expenses can be disbursed against the minors' respective shares till they attain the age of majority?

A: Only the expenses necessary to keep the property in good repairs, and to meet the legal expenses like site tax etc. should be proportionately debited to the minors' shares. Purchase of decorative pieces or expenses of guests' entertainment should not be charged to their shares. The expenses incurred in their education, up-keep and health care may be taken from their shares. So may be the marriage expenses (simple Islamic one, not the lavish extravaganza which is seen in marriage ceremonies nowadays).