Bahith Legal heir Q1. Who is the legal heir (Waris) of a person who is unmarried? He has two brothers and one sister and his parents are also alive. What will be their share? Chowdhry Ghazanfar Ali, Jeddah A1. The only heirs of this person are his parents. The mother will get one-sixth of the inheritance and the rest will go to his father. The siblings will not receive anything as long as the father is alive. This is based on the following verse from the Qur'an: But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth. (Qur'an, 4:11)Ruling on Aqiqah Q2. It was mentioned last week that “If one learns that his or her parent did not make Aqiqa because of some reason then it is recommended for him/her to do it.” Is there any Sahih Hadith regarding this? Saleem Mehmood, Jeddah A2. I stated in my answer last week that Aqiqa is Sunnah Mu'akkadah (confirmed Sunnah) and not a must in the correct view as adopted by a vast majority of scholars. It was narrated from Samura (may Allah be bleased with him) that Prophet Muhammad (peace be upon him) said: “Every new born is mortgaged to his/her Aqiqah,”. (Abu Dawood, Al-Nasa‘i, Ibn Majah, Tirmidhi ,and Ahmad). Scholars have given different explanations for the word (mortgaged) in this Hadith. Some have said it means that the child is restrained from interceding for his parents. While Ibn Al Qayyim has said that the apparent meaning of the Hadith is that the child is himself restrained from some good that would otherwise reach him. That does not necessarily mean that he would be punished for it in the Hereafter. Based on this Hadith and taking in account the general Islamic rulings, if one has missed any recommended Sunnah he can do it whenever he or she is able to do it. Thus, performing Aqiqa is recommended. However, scholars have different views regarding who should perform the Aqiqa. Ibn Qudamah said,“In case if no aqiqah had been done for the son, and the son reaches the age of puberty, starts earning his living, then he is not required to perform ‘Aqiqah on his own behalf. Imam Ahmad Ibn Hanbal said, “That is the father's duty.” It means that the son should not perform the aqiqah on his own because this Sunnah is for his father or people other than him [i.e. the father or the guardian] who are required to perform it for him. However, ‘Ata' and Al-Hasan said, “He (the son) should perform the Aqiqah on his own because it should be performed for him, and he is mortgaged because of it (i.e. he is confined from interceding for his parents or from some good that would otherwise reach him, until Aqiqah is performed for him) so he should take the initiative to remove the mortgage from himself. For more detail about this issue read Imam Ibn Al Qayyim's book, chapter 6 of “Tuhfat ul-Mawdood bi-Ahkaam il-Mawlood”. The Aqiqah and its Rulings Part 19 - “The Ruling for One Whose Parents Did Not Perform an Aqiqah”; Should He Perform one on His Own Behalf?” Emigrating in Islam Can you please elaborate on the following verses from the Qur'an? “Verily! as for those whom the angels take (in death) while they are wronging themselves(as they stayed among the disbelievers even though emigration was obligatory for them),they (angels) say to them: “In what condition were you?” They reply:” We were weak and oppressed on the earth.”They (angels) say: “Was not the earth of Allah spacious enough for you to emigrate therein?”Such men will find their abode in Hell--What an evil destination.Except the weak ones among men, women and children who cannot devise a plan, nor are they able to direct their way” (Qur'an, 4:97-98) Q3. I am from India and live in a non-Muslim locality. As per the verses mentioned above should I migrate to Muslim localities in my country or continue living there. Staying among the disbelievers I try to follow my religion and I stay aloof from non-beilevers around me. Please guide me if I am correct. Firdous Khan A3. This verse was revealed for a group of Muslims who stayed in Makkah and were not able to practice Islam freely. They did not emigrate and were then killed in the Battle of Badr alongside the disbelievers. To understand more about this verse you can find it in the books of tafseer like “Tafseer Ibn Katheer” and “Tafseer Al-Qurtubi”. You cannot apply this verse to the case of Muslims who live in a non-Muslim country as long as they have the freedom to practice Islam. Although it is recommended that if a Muslim can move to any Muslim country where he can follow the Islamic way of life and raise his children in an Islamic environment, he may emigrate to that country. Therefore, migration depends on whether one is able to practice Islam and do his duties freely and openly. If he cannot do that and fears tribulation, then he must migrate; but if he is able to practice Islam freely and gets a chance to migrate to an Islamic country where there is more freedom to practice his religious duties, then migration is recommended. In case, if one is able to practice Islam freely and he engages in Da'wah and teaches the Muslims and calls others to Islam, then he can stay and would be rewarded for his intention. And Allah knows best.Erratum In last week's Q&A it was printed by mistake that ‘Aqiqah is an obligatory Sunnah.' Aqiqah is a confirmed Sunnah and not a must or Fard; and Tamyeez (discrimination) does not mean puberty. The errors are regretted.
