Hermes Bot
34 lines
4.1 KiB
Markdown
34 lines
4.1 KiB
Markdown
## THE DECLARATION
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**HUKM:** The estate shall be divided exclusively according to the fixed shares prescribed in Surah An-Nisa, and no human shall alter these fractions by will, contract, custom, or digital arrangement. The executor is bound to execute the algorithm as revealed, not as preferred.
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**DALEEL:** Allah commands: “For men is a share of what the parents and near relatives leave, and for women a share of what the parents and near relatives leave – a share ordained by Allah” (4:7). The specific fractions are legislated in 4:11–12 and 4:176, covering spouses, parents, children, siblings, and the Kalala case. The Prophet ﷺ said: “Allah has given each rightful heir his due, so no will to an heir” (Tirmidhi, Abu Dawud). The fixed shares are divine algorithm, not negotiable terms.
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**MAQSAD:** Serves Hifz al-Mal (Preservation of Wealth) by preventing concentration in one line, ensuring liquidity through defined fractions, and blocking erosion via human bias. Also Hifz al-Nasl (Preservation of Lineage) by forcing distribution across family branches, and Hifz al-Din (Preservation of Faith) by requiring obedience to revelation over convenience. The fixed shares protect the vulnerable—widows, daughters, mothers—from being disinherited by custom or spite.
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**SHURUT:**
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- The deceased must have left no unpaid debt that exceeds the estate; debts are settled before any share is distributed.
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- The will (wasiyyah) must not exceed one-third of the net estate after debts; it cannot allocate to a fixed-share heir without consent of all other heirs.
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- All fixed-share heirs (ashab al-furud) must be identified, located, and notified; any missing heir voids the distribution until found.
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- The executor must apply the rules of Awl (proportional reduction when shares exceed the estate) and Radd (surplus return when shares are insufficient) correctly; ignorance is not a defense.
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**MUNKATHIRAT:**
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- Attempting to disinherit a fixed-share heir through a will, trust, lifetime gift, or smart contract—this invalidates the distribution and triggers liability.
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- Distributing before settling debts and the one-third wasiyyah; the estate remains impure until obligations are cleared.
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- Using a foreign legal entity, multi-sig wallet, or DAO governance override to bypass Quranic shares with intent to exclude—this is tampering with divine limits (ḥudūd Allāh) and incurs sin, voiding the executor’s authority.
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---
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## THE EXECUTION
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**STEP 1:** This week, open a spreadsheet or paper ledger and list every fixed-share heir who would inherit from you under the Faraid matrix. Include parents, spouse, children (sons and daughters separately), and siblings if you have no children. Write the Quranic fraction beside each: 1/2, 1/4, 1/8, 2/3, 1/3, 1/6. Do not guess—use a Faraid calculator or consult a scholar. Do this before Thursday.
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**STEP 2:** Next, identify every debt, liability, or prior commitment that would reduce the estate before Faraid applies. Include mortgages, business loans, zakat owed, pending taxes, and any existing wasiyyah (bequest) you have written. Subtract these from your total net worth. The remainder is the pool the fixed shares will carve. If the pool is zero or negative, your will is insolvent—fix your debts first.
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**STEP 3:** Draft a single-page document titled “Faraid Distribution Mandate” addressed to your executor (wasi). State clearly: “No asset shall be distributed to any beneficiary until the fixed shares of the Quran are calculated and applied. The executor shall use the standard Faraid matrix provided in the appendix. Any attempt to override these fractions by any party, including myself, is null.” Sign, date, and store with your will. Send a copy to your executor today.
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---
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## THE HISBAH
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What would break in your family’s future if you died tomorrow without a Faraid-compliant distribution plan? Not just who would lose money—but which relationship would shatter, which orphan would be neglected, which widow would be humiliated, and which asset would be frozen in litigation? The shares are fixed. The justice is already designed. The only variable is your obedience. What dies with you that shouldn’t? |