Maliki Fiqh: Ibn Ardoon's Fatwa: wife inherits 50% - Mufti Abu Layth al-Maliki

the inheritance I'm going to mention something to do with inheritance you know that this a famous scholar today they've made this inheritance thing into a big deal right like once again in the past there was a Malachy legend I'll inshallah in the future go through some works dedicated to his book his name was even her unborn okay and he's actually you know I've spoken about him Amboseli the great Malachy legend who said that the capital punishments would change in his day and age he was from like the eight hundreds

going into maybe nine hundreds like that so eight hundred eight hundred hundred years so he was in the ninth century not going into nine hundred eight hundred Hijri now so the ninth century of Hegira now this evening our loan is actually like one of his future from his generation from his daughter's line some from his daughters I think grandchild or something and he is also a great fatty in Islam very great Malachy done and his name is even hardened and I'll go through this his thing in much more detail in the future one at some point but he had an issue

he had a fatwa which he passed a ruling in his day and age to do with inheritance it was to do with the wife now you know the wife can only inherit a certain amount okay so whether she's going to whether she's going to get a fool or whether she'll get an eighth stuff like this depending on how many wives there are and stuff like this such the wife would only get a certain fraction and the children most likely would get more than the wife and the father would inherit and the mother would inherit and all this kind of stuff but the wife would get less okay so whether depending on the whole context

of who's involved but she would get whether it's going to be an eighth or you know how many they are or fourth or whatever these fractions will add up to in her situation depending on how many family members are involved in stuff but even out alone in his time paster ruling and he was a great Malachy legend he said and this ruling became known as alkyd was a aya he said that look this woman who spent a great portion of her life with this man she said sorry he said that she would have helped him to achieve whatever you

achieve even if she didn't physically help but she would have been doing things like taking care of the kids or in many of these cases in the past she would have physically helped because even today in the rural part of the Muslim world women actually work in the fields they go they kind of they take the crops they kind of sift through them organize them do all of these things so he said that this woman cut and say ayah means your hard work and he said the hard work this woman has put in during her lifetime he said that this right he

said if that this this is not fair so he passed a ruling and this ruling still exists in the Maliki method today he said that the wife would inherit 50% of everything before the inheritance is even split so she would get half and then from the inheritance she would get her own allocated portion too so the inheritor then everybody can get their portion and she can claim her portion

from the inheritance so she would get 50% of everything before there's any division of any assets or anything now just look at that subhanAllah that now was he deemed a modernist this he was Atlee over four hundred years ago he's deemed a great Maliki scholar of his age right now I totally agree with that I agree with his ruling totally now what I'm trying to say is that was he deemed you know people say oh you know you're making these things how will we make these exist these colors looked at is it hmm

in our day and age things are different so we need to we need to put so they said we need to kind of make sure things reflect our own day and age so okay so that's enough um and there has been recently as well in Tunis they've got what they call the d1 if that which is the main kind of central body of giving fatwa which last year gave the fatwa that they felt men and women boys and girls are equal in inheritance and they are Maliki in fact people criticize them because they said oh they did this to please the government or whatever but

they've got justifications they've got Quranic verses and things like this and they show and they've passed that fatwa the fatwa does exist and that is now part of the law within Tunis Tunisia which is a Maliki it's run by Maliki principles in that sense so okay