Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
In these hadiths, one aspect of the economic policy of the Islamic government is described:
that it is responsible in every way for the economic welfare and well-being of its subjects.
To the extent that if someone dies in debt, it will pay off his debt.
It will provide for helpless small children and widows.
Whereas inheritance will be distributed among the relatives.
➋
The maternal uncle (mamun) is among the dhawi al-arham (relatives through the womb).
In the absence of other heirs, he is the heir.
And similarly, if there are any financial obligations upon the nephew,
then he is also responsible for fulfilling them.
This also teaches that, as a Muslim, a person should maintain strong ties of kinship and good conduct with all close and distant relatives.
Because these very people become his helpers and supporters, and after him, the caretakers of his children.
➌
If a person has no heirs, then the Islamic government (Bayt al-Mal) will be his heir.
And the government will also fulfill any financial obligations that fall upon such a person.
➍
These welfare principles are for Muslims and believers,
who cannot be willing to take charity from the government without justification.
Because faith creates piety and purity within a person.
Therefore, it should not be thought that, due to these concessions, people will not work hard and will simply become a burden on the government.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2901
Maulana Ataullah Sajid
Benefits and Issues:
➊ Among the heirs, those are given their shares first whose portions have been specified in the Noble Qur’an and the hadiths. They are called “ashab al-furud” (holders of prescribed shares). In their absence, or after giving them their shares, the remaining wealth goes to the “asaba” (agnatic heirs), that is, those relatives of the deceased whose relationship is not through a female, for example: brother, nephew (brother’s son), paternal uncle, and great-uncle, etc. If there are no asaba, then “ulu al-arham” (distant kindred) become the heirs. These are those people whose relationship to the deceased is through a female, for example: maternal uncle (mother’s brother), sister’s son (nephew through sister), maternal grandfather (mother’s father), and maternal aunt (mother’s sister), etc.
➋ In the absence of asaba, just as ulu al-arham are entitled to the inheritance, in the same way, the financial responsibilities also fall upon them. Thus, these relatives are also responsible for the payment of blood money (diyah) in such cases. For detailed rulings and issues related to inheritance, see: “Islami Qanun-e-Wirasat” by Maulana Abu Nu’man Bashir Ahmad, published by Darussalam, Lahore.
➌ The property of a deceased person who has no heirs goes to the Bayt al-Mal (public treasury). The Prophet (sallallahu alayhi wa sallam), in his capacity as the head of the Islamic government, used to manage this wealth. The Khalifah of the Muslims fulfills this responsibility through the Bayt al-Mal.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2634