Allah (The Most High) detailed the division of inheritance in the Qur'an because Allah (The Most High) knows our nature as humans and our attachment to money. Allah (The Most High) said in the Surah Al-Fajr (20): "And you love wealth with immense love."
Hence, the division of inheritance was not left to be discussed in Hadith so that there would be no room for dispute or discussion. Allah (The Most High) has given everyone the right to a wasiyah (will or last testament). A will, according to Shar\'iah, should not include any lawfully prescribed beneficiaries, as Rasulullah (Peace and Blessings be upon Him) said in an authentic narration: Indeed, Allah (The Most High) has given everyone their rights, so no lawful beneficiaries should be given rights in a will. (Sahih Nisa'I\, 3643)
The second condition of a will is that it can contain more than one-third of the inheritance. When Saad ibn Abi Waqqas (May Allah be pleased with him) was sick, Rasulullah (Peace and Blessings be upon Him) went to visit him. Saad (May Allah be pleased with him) asked if he should give all of his wealth as a part of his will, to which Rasulullah (Peace and Blessings be upon Him) replied no. Then he asked about leaving half of his wealth, to which Rasuluallah (Peace and Blessings be upon Him) replied no.
Then he asked about leaving one-third of his wealth, to which Rasulullah (Peace and Blessings be upon Him) replied in the affirmative and said even one-third was a lot to leave. (Sahih Bukhari, 3936)
When some passes from the world, the following steps need to be followed with regards to inheritance (which is inclusive of the entirety of the assets, e.g. cash, property, etc.)
Funeral costs of the deceased should be covered by their assets
The remaining rights of Allah (The Most High) should be fulfilled (e.g. Hajj, Zakat, etc.)
Any outstanding debt to other people should be repaid before inheritance is divided
The wasiyah or will should be enacted, with the following condition
Putting a case on hold
The case can be put on hold or withdrawn at any time during the process, but only before the Panel have made a final decision. The case can be put on hold for a maximum period of one year, as the parties may wish to reconcile. After this period has passed, a fresh application will be required.
Faskh
A Khul'a takes place when the husband consents to his wife's request for a divorce. If the husband refuses consent, Islamic law permits qualified scholars, judge and Imams to dissolve the marriage. This is known as Faskh (judicial dissolution).
Civil Divorce
If the couple have participated in a civil marriage, the Commission of Fatwa and Sharia Affairs only deals with Islamic marriage contracts and Islamic divorce contracts. It does not deal with Civil Divorce matters. Civil divorce cannot replace Islamic divorce, just as civil marriage does not constitute an Islamic Nikah. Marriage in Islam is considered to be a civil contract with a strong religious element.
Iddah (waiting period) for divorcee
The divorced woman is not permitted to re-marry during the period of the Iddah. According to the majority of Muslim scholars, the Iddah for Khul'a is the same as Talaq, which is three menstrual cycles or three months. But Abu Dawud, Tirmidhi and Ibn Majah have narrated Ahadith that the Prophet (saws) prescribed Iddah of one month only for Khul'a. We leave it to the conscience of each individual regarding which opinion to follow.
Iddah during pregnancy lasts until the pregnancy ends. According to 33:49 in the Quran, there is no Iddah if the marriage was not consummated.
Dowery (Mahr)
The Dowery (Mahr) is the gift given by the husband to his bride at the time of marriage, and it should be recorded in the marriage contract. In the process of Khul'a, the wife is usually required to return the Dowery (Mahr) if the husband ask for it. The scholars of the Commission will however take into consideration the length of the marriage, whether there are children, whether the husband supports his children financially and so forth before deciding on the issue of Dowery (Mahr). The scholars are guided by frequent exhortations in the Quran advising husbands to avoid greed and to part company with peace and goodwill.
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