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    Law of Inheritance 6

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    Law of Inheritance 6

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    7 views2 pages

    Law of Inheritance 6

    Uploaded by

    sadafkabir.pstu.06

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    CHAPTER -6

    1.What is Asaba ?:
    In order of priority asaba is the group of heirs of second grade, who will get property after
    the distribution among the sharers.
    In pre-Islamic Arab society, the persons now termed as Asaba had the whole property
    excluding all other claimants. But after the advent of Islam, rights of certain other close
    relatives are established who are grouped as sharer.
    However, still major portion of the property goes to the asaba after satisfying the claims of
    the sharers or Qur'anic heirs.

    2.Who are Asaba?:


    They are those heirs who are related with the deceased person without any female
    intervention.
    Thus, the son's son is an asaba, though not the daughter's son. Likewise, a full brother or
    consanguine brother is an asaba, but not a uterine brother, because uterine brother is
    connected with the deceased through a female intervention that is mother.
    But the term 'residuaries' which is also used to mean them by certain jurists is misleading and
    confusing. Because, a distant kindred also under circumstances may get the residue, hence he
    may be termed also literally as residuary as he gets the residue property.

    3.What does Asaba get?


    The heirs known as asaba receive what remains after the Qur'anic heirs are distributed their
    shares. If nothing is left, the asaba receive nothing, which is termed de facto exclusion, as the
    law hasn't officially excluded them.

    If there are no sharers, the entire property goes to the asaba. Additionally, an asaba may
    inherit all the property even if a sharer exists, if that sharer is legally excluded.

    4.Classification of Asaba:
    Asaba have been classified in the following three groups in Sirajiyyah
    1.Asaba bi Nafsihi - asaba in his own right
    2.Asaba bi Ghairihi -asaba in jointly with another asaba
    3.Asaba ma`a Ghairihi -asaba independently but with presence of any one

    The first group consists of male agnates only, and the rest two consist of four female agnates
    from different perspectives. The male agnates are in fact the heirs who are given top priority
    as regards the quantum of the property at the time of distribution.
    5.Doctrine of Tasib:-
    Tasib literally means 'to make asaba'. Legally speaking, this is the process of conversion of a
    sharer into an asaba by another asaba.
    For example, daughter is originally a sharer, but she is converted into an asaba by the son, the
    process of such conversion is technically known in Arabic as 'Tasib'.
    Thus, a doctrine has been evolved, which is termed as the doctrine of tasib' .
    It is termed as 'conversion', because it speaks about conversion of a sharer into an asaba. Son
    becomes asaba, and daughter also becomes asaba with son.But, there is a difference in the
    sense that the son is originally an 'asaba' who is always 'asaba'; whereas the daughter is
    originally a sharer and thus she becomes a 'converted' asaba under the circumstance where
    deceased leaves any son.

    Application of Tasib:
    This process of conversion is applied in cases of the following four female sharers who are
    converted into asaba by their respective male counterparts:
    1.Daughter: Daughter is converted into asaba by her male counterpart son.
    2.Son's daughter: Son's daughter is converted into asaba by her male counterpart son's son.
    3.Full sister: Full sister is converted into asaba by her male counterpart full brother.
    4.Consanguine sister: Consanguine sister is converted into asaba by her male counterpart
    consanguine brother.

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