In Islamic inheritance law, the term “Asabah” is used to refer to relatives who inherit the remaining property and assets after the Quote Heirs (primary legal heirs) have received their shares. Asabah can be classified into two categories: Asabah-e-Nasabiyyah and Asabah-e-Sababiyyah.
Asabah-e-Nasabiyyah:
Asabah-e-Nasabiyyah consists of three categories:
1. Binafsihi:
This category includes every male directly related to the deceased without any female intermediaries. It is further divided into four classes:
- Sons or son’s sons, regardless of their position in the line of inheritance.
- Father or paternal grandfather or great-grandfather.
- Brothers or brother’s sons, no matter how far down the line.
- Father’s brothers (paternal uncles) or their sons, regardless of their position in the line of inheritance.
The Asabah closer in relationship to the deceased have a prior claim on the balance of the estate and will displace those further away. For example, if the deceased has sons, they will be the primary inheritors, and all other classes will not inherit the balance. If the deceased has no sons but a father or grandfather, they will become the asabah to inherit the balance of the estate.
2. Bighayrihi:
This category includes four females who become Asabah along with their brothers. These females are among the Quote Heirs, but in the presence of their brothers, they are considered asabah. They and their brothers together will claim the remainder of the estate, with each female receiving half the share of a male.
3. Ma’a Ghayrihi
These are females who become Asabah in the presence of other females. The mayyit’s Haqeeqi and Allati sisters fall into this category. They become asabah when the mayyit has daughters or granddaughters and no male asabah. In this case, the sisters become the asabah while the daughters or granddaughters remain among the Quote Heirs
Asabah e-Sababiyyah
This category refers to Maula Itaqah (the master who has emancipated a slave). If the emancipated slave has no heirs among the Quote Heirs and Asabah Nasabiyyah, the Maula Itaqah will inherit the remainder of the estate. If the mayyit has Quote Heirs but no Asabah Nasabiyyah, then the remainder of the estate will be inherited by the Maula Itaqah after the Quote Heirs receive their shares.
Conclusion:
Understanding the categories of Asabah in Islamic inheritance law is essential to ensure a fair and just distribution of the estate. By following the principles outlined by Islamic jurisprudence, individuals can uphold the principles of equity and rightful entitlement in the inheritance process.
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