Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

What/ who is a kalaka ? related to inheritence 

 

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Answer:

 

What is kalkala inheritance

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 12 (part):

…..If the man or woman who are ‘kalala’ (one who has left neither ascendants nor descendants) but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone).  Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 176:

176    They ask thee for a legal decision.  Say: ‘Allah directs (thus) about ‘kalala’ (those who leave no descendants or ascendants as heirs).’  If it is a man that dies leaving a sister but no child she shall have half the inheritance: if (such a deceased was) a woman who left no child her brother takes her inheritance: if there are two sisters they shall have two-thirds of the inheritance (between them): if there are brothers and sisters (they share), the male having twice the share of the female.  Thus doth Allah make clear to you (His Law) lest ye err. And Allah hath knowledge of all things.

 

In the terminology of Islamic Fiqh or Jurisprudence, a ‘Kalala’ is the inheritance of a deceased believing man or woman who is survived neither by their parents, nor do they leave behind any off-spring.  The wealth left behind by such deceased are distributed as inheritance amongst their surviving brothers and/or sisters.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan