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02. Asal masla [The Core Issue]

The Core Issue

 

To resolve any inheritance issue, it is essential to understand the core matter. Without this, no issue can be resolved.

 

Definition:

 

It is the smallest number that, when divided among the inheritors entitled to fixed shares (Ashaab-ul-Furooz), allows them to receive their due shares without any remainder.

 

Method for Determining the Core Issue

 

In inheritance matters, the nature of inheritors in each case varies. Sometimes all the inheritors are Asabah, sometimes only Ashaab-ul-Furooz, and at other times, a combination of both. Due to this variation, the methods for determining the core issue also differ.

 

1. When All Inheritors Are Either Asabah or Ashaab-ul-Furooz of the Same Type

 

In such cases, the total number of inheritors determines the core issue.

 

Example 1:

A person passes away, leaving behind four sons or five brothers. The core issue will be 4 or 5, depending on their number.

 

Example 2:

A person passes away, leaving behind three daughters or four sisters. The core issue will be 3 or 4, based on their total count.

 

2. When Inheritors Are Both Male and Female Asabah (Al-Asabah Bil Ghair)

 

For example, a son and a daughter or a brother and a sister. In such cases, as per the Quranic rule:

“For the male, a share equal to that of two females”

The male inheritors are counted as two, and the females as one. The sum of these counts becomes the core issue.

 

Example:

A man passes away, leaving behind two sons and three daughters. The core issue will be 7, where each son is counted as two and each daughter as one.

 

3. When There Is Only One Sahib-e-Farz and the Other Inheritor Is Asabah

 

In such cases, the core issue will be the denominator of the share of the Sahib-e-Farz (the number under the line in fractions).

 

Example:

A man passes away, leaving behind a wife and a son. In this case, the wife is entitled to 1/8 of the property, and the son inherits as an Asabah. The denominator of the wife’s share is 8, so the core issue will be 8.

 

4. When There Are Multiple Ashaab-ul-Furooz

 

To determine the core issue in such cases, the following steps are followed:

The scholars of inheritance have divided the six prescribed shares into two groups:

  •   First Group: 1/2, 1/4, and 1/8
  •   Second Group: 2/3, 1/3, and 1/6

 

  1. If all inheritors belong to the first or second group, the largest denominator among their shares will determine the core issue.

 

Example 1:

A man passes away, leaving behind a wife, a daughter, and a brother.

  •   The wife’s share is 1/8,
  •   The daughter’s share is 1/2,
  •   The remainder goes to the brother as an Asabah.

The largest denominator is 8, so the core issue will be 8.

 

Example 2

If a woman passes away, leaving behind two daughters, her mother, and her paternal uncle:

  •   The share of two daughters is 2/3,
  •   The mother’s share is 1/6,
  •   The remaining share will go to the paternal uncle as an Asabah.

Since the denominator of the mother’s share (6) is the largest, the core issue (asal masla) will be 6.

 

1. When the Inheritors’ Shares Belong to Both Groups

 

If some inheritors’ shares belong to the first group and others to the second group, the method to determine the core issue is as follows:

 

1) If an Heir from the First Group Is Entitled to Half (1/2)

If any inheritor in the case has a share of 1/2, and the rest belong to the second group, the core issue will always be 6.

 

Example:

A woman passes away, leaving behind her husband, her mother, and a maternal brother.

  •   The husband’s share is 1/2,
  •   The mother’s share is 1/3,
  •   The maternal brother’s share is 1/6.

Since 1/2 belongs to the first group and 1/3 and 1/6 belong to the second group, the core issue is 6.

 

2) If an Heir from the First Group Is Entitled to One-Quarter (1/4)

 

If any inheritor is entitled to 1/4, and the remaining heirs belong to the second group, the core issue will always be 12.

 

Example:

A man passes away, leaving behind his wife, his mother, and his brother.

  •   The wife’s share is 1/4,
  •   The mother’s share is 1/3,
  •   The brother takes the remaining share as an Asabah.

 

Since 1/4 belongs to the first group and 1/3 to the second, the core issue is 12.

 

3) If an Heir from the First Group Is Entitled to One-Eighth (1/8)

 

If any inheritor has a share of 1/8, and the rest belong to the second group, the core issue will always be 24.

 

Example:

A man passes away, leaving behind his wife, two daughters, his mother, and his brother.

  •   The wife’s share is 1/8,
  •   The two daughters’ share is 2/3,
  •   The mother’s share is 1/6,
  •   The brother takes the remaining share as an Asabah.

 

Since 1/8 belongs to the first group and 2/3 and 1/6 belong to the second group, the core issue is 24.

 

General Simplified Rule

 

In any case, regardless of the type of inheritors:

  1. Identify the denominators of all fixed shares (Ashaab-ul-Furooz).
  2. Find the least common multiple (LCM) of these denominators.
  3. The LCM will be the core issue (asal masla).

 

REFERENCE:
Urdu Book: “Islam Ka Qanoon-e-Warasaat” of  Salah Uddin Haider Lakhwi.
English translated by : Umme Abdul Rahman 
Review by : Professor Sheikh Bilal.

 

 

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