Non-heirs are those relatives not entitled to any part of the deceased's estate.They include:
1. Daughter's children (sons and daughters).
They will inherit through their father's (daughter's husband's) line only. Their mother's line is cognate.
2. Sister's children (sons and daughters).
This refers to all the three types of sisters: full, consanguine and uterine. Their children will inherit through their father's line only as the case with daughter's children.
3. Daughters of full or consanguine brother.
4. Daughters of full or consanguine brother's son.
5. Children (sons and daughters) of uterine brother.
6. Daughters of full or half paternal uncle.
A full paternal uncle has same father and same mother with the deceased's father, while half paternal uncle has same father but different mother with the deceased's father. Both are heirs but their daughters are non-heirs.
7. Daughters of full or half paternal uncle's son.
8. Paternal aunt, her children and their descendants.
9. Maternal uncle, his children and their descendants.
10. Maternal aunt, her children and their descendants.
11. Maternal grandfather's mother.
Given that maternal grandmother (the wife of maternal grandfather) is a heir in the absence of mother, if the maternal grandmother is also absent, who takes her place? Her mother. Not her husband's mother. Therefore, maternal grandfather's mother is a non-heir.
12. Paternal grandmother's father.
As in (10) above, paternal grandmother is also an heir in the absence of mother and in her absence, her mother replaces her, not her father.
Impediment means barring a heir from getting his/her share of the deceased's estate due to certain circumstances. These include:
1. Murder.
An heir who deliberately murders the deceased will neither inherit from the latter's estate nor from the diyya. If the murder is accidental, he/she will inherit from the deceased's estate but not from the diyya.
2. Difference of religion.
A Muslim does not inherit from a non-Muslim relative no-matter how close they are and vice-versa. For instance, a Muslim father who has a non-Muslim son will not inherit from him and vice-versa.
3. Simultaneous death.
When two or more people who are rightful heirs of one another like father and son, husband and wife, etc die at the same time maybe under a collapsed building or in similar circumstance, and it is uncertain who died first, they will not inherit from each other. But assuming its clear that the husband died before the wife for instance, she will be listed among the surviving heirs f the husband and given her share of the inheritance. Thereafter, her heirs will then inherit her estate PLUS her share of the husband's estate.
4. Li'an (Cursing for adultery).
This happens when a man denies the paternity of his wife's pregnancy and they end up swearing and cursing themselves as prescribed by Allah in the Qur'an (24: 6 - 9). "And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e. testifies four times) by Allah that he is one of those who speak the truth. And the fifth (testimony) (should be) the invoking of the Curse of Allah on him if he be of those who tell a lie (against her). But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allah, that he (her husband) is telling a lie. And the fifth (testimony) should be that the Wrath of Allah be upon her if he (her husband) speaks the truth."
After Li'an, the marriage is dissolved. The implication is that the man and the child that results from such pregnancy will not inherit from one another. But the mother will inherit from the child and vice-versa.
5. Slavery.
A slave and everything he owns belongs to his master. As far as he remains a slave (whether full or partial), he will not inherit from his relatives and they will not inherit from him. The logic is that if he inherits, whatever he gets belongs to his master and if his relatives are to inherit from him, they will actually be inheriting part of the master's estate.
6. "Emergency marriage".
A man who marries a woman during his last illness (and dies) she will not inherit from him, nor will he inherit from her (supposing she incidentally dies before him).
They will inherit through their father's (daughter's husband's) line only. Their mother's line is cognate.
2. Sister's children (sons and daughters).
This refers to all the three types of sisters: full, consanguine and uterine. Their children will inherit through their father's line only as the case with daughter's children.
3. Daughters of full or consanguine brother.
4. Daughters of full or consanguine brother's son.
5. Children (sons and daughters) of uterine brother.
6. Daughters of full or half paternal uncle.
A full paternal uncle has same father and same mother with the deceased's father, while half paternal uncle has same father but different mother with the deceased's father. Both are heirs but their daughters are non-heirs.
7. Daughters of full or half paternal uncle's son.
8. Paternal aunt, her children and their descendants.
9. Maternal uncle, his children and their descendants.
10. Maternal aunt, her children and their descendants.
11. Maternal grandfather's mother.
Given that maternal grandmother (the wife of maternal grandfather) is a heir in the absence of mother, if the maternal grandmother is also absent, who takes her place? Her mother. Not her husband's mother. Therefore, maternal grandfather's mother is a non-heir.
12. Paternal grandmother's father.
As in (10) above, paternal grandmother is also an heir in the absence of mother and in her absence, her mother replaces her, not her father.
Impediment means barring a heir from getting his/her share of the deceased's estate due to certain circumstances. These include:
1. Murder.
An heir who deliberately murders the deceased will neither inherit from the latter's estate nor from the diyya. If the murder is accidental, he/she will inherit from the deceased's estate but not from the diyya.
2. Difference of religion.
A Muslim does not inherit from a non-Muslim relative no-matter how close they are and vice-versa. For instance, a Muslim father who has a non-Muslim son will not inherit from him and vice-versa.
3. Simultaneous death.
When two or more people who are rightful heirs of one another like father and son, husband and wife, etc die at the same time maybe under a collapsed building or in similar circumstance, and it is uncertain who died first, they will not inherit from each other. But assuming its clear that the husband died before the wife for instance, she will be listed among the surviving heirs f the husband and given her share of the inheritance. Thereafter, her heirs will then inherit her estate PLUS her share of the husband's estate.
4. Li'an (Cursing for adultery).
This happens when a man denies the paternity of his wife's pregnancy and they end up swearing and cursing themselves as prescribed by Allah in the Qur'an (24: 6 - 9). "And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e. testifies four times) by Allah that he is one of those who speak the truth. And the fifth (testimony) (should be) the invoking of the Curse of Allah on him if he be of those who tell a lie (against her). But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allah, that he (her husband) is telling a lie. And the fifth (testimony) should be that the Wrath of Allah be upon her if he (her husband) speaks the truth."
After Li'an, the marriage is dissolved. The implication is that the man and the child that results from such pregnancy will not inherit from one another. But the mother will inherit from the child and vice-versa.
5. Slavery.
A slave and everything he owns belongs to his master. As far as he remains a slave (whether full or partial), he will not inherit from his relatives and they will not inherit from him. The logic is that if he inherits, whatever he gets belongs to his master and if his relatives are to inherit from him, they will actually be inheriting part of the master's estate.
6. "Emergency marriage".
A man who marries a woman during his last illness (and dies) she will not inherit from him, nor will he inherit from her (supposing she incidentally dies before him).
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