Succession under muslim law. Succession Under Muslim Law 2022-11-03
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Succession under Muslim law refers to the rules and principles that govern the transfer of property and other rights upon the death of an individual. These rules are derived from Islamic jurisprudence and are based on the Qur'an and the teachings of the Prophet Muhammad.
Under Muslim law, succession is divided into two categories: testamentary and intestate. Testamentary succession refers to the transfer of property and rights through a written will, while intestate succession refers to the transfer of property and rights when an individual dies without leaving a will.
In testamentary succession, a Muslim is allowed to dispose of their property in any way they see fit, as long as it does not conflict with Islamic principles. A will must be written and signed by the testator (the person making the will) and must be witnessed by two or more individuals. The testator can also appoint an executor to manage their property and carry out the provisions of the will.
Intestate succession, on the other hand, is governed by a set of rules known as the "laws of inheritance." These laws specify the distribution of an individual's property among their heirs, based on their relationship to the deceased. The laws of inheritance prioritize certain categories of heirs over others, with the closest relatives receiving the largest share of the inheritance. For example, a spouse, children, and parents are typically entitled to a larger share of the inheritance than more distant relatives, such as siblings or grandparents.
Under Muslim law, there are also certain restrictions on the distribution of property. For example, a Muslim is not allowed to disinherit their spouse or children entirely, as they are entitled to a minimum share of the inheritance. In addition, a Muslim cannot bequeath more than one-third of their property to charitable causes, unless they have no heirs or the heirs agree to the gift.
Overall, succession under Muslim law is a complex area of law that requires a thorough understanding of Islamic principles and the laws of inheritance. It is important for Muslims to carefully consider their succession plans and ensure that their wishes are carried out in accordance with Islamic law.
SUCCESSION AND ADMINISTRATION UNDER MUSLIM LAW
If a Muslim man marries during an illness and subsequently dies of that medical condition without brief recovery or consummating the marriage, his widow has no right of inheritance. Here the first shall exclude the second from inheritance and the second exclude the third. What sre the sources of Muslim Law of Succession Four main sources of Islamic law serve as the foundation for the Muslim Law of Inheritance. That is, he is appointed by the will of the testator. Â Â Â Â ConclusionÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â From the above article, one important thing emerges, Islamic law of inheritance ensures following of the Quranic traditions in a pure form. These categories are as follows: 1 Descendants of the deceased, other than sharers and residuary; 2 Ascendants of the deceased, other than sharers and residuaries; 3 Descendants of parents, other than sharers and residuaries; and 4 Descendants of ascendants how highsoever other than residuaries. Â Agnatic heirs Agnate heirs or residuaries come into the picture only when after dividing the heritable estate between the Quranic heirs, there is still some estate left.
Also, males are vested with the duty of maintaining their wife and kids. This exception is only for the purposes of succession by will. Whereas, if the heirs have a judgment from a court of competent jurisdiction, they shall submit the same duly attested, notarized and translated in Arabic for execution. It comprises of all cognates and all female agnates except the four who are members of Quranic sharers category i. Consult: Rights of females: Muslim law does not create any distinction between the rights of men and women.
The Holy Quran 2. In Alienation According to Muslim law, and the judicial precedents, an heir may not be able to alienate the property as long as he does not pay the debts that he has inherited from the deceased. They include both male and female members of the family which may be in the second line of the bloodline. TYPES OF HIERS The Sharers and the Residuary and Distant Kindred are the different categories of heirs recognized by Muslim law. In a situation where two or more persons die at one moment and it was not a certain level as to who died first then all of them cease to be the heir for one another.
If there is just one sharer, and that sharer is a husband or wife, and there is no other connection that belongs to the class of Residuaries, then the husband or wife will receive their whole share, and the rest of the estate will be distributed among Distant Kindred. In the case of testamentary succession, the succession is governed under the relevant Muslim Shariat Law as applicable to the Shias and the Sunnis. However, in case the child in the womb is not born alive, the share that has already been vested in it shall get divested and it is then presumed that no such heir existed whatsoever. Â Intestate succession in Islamic law Succession refers to the transmission of the property of an ancestor upon his death, to the rightful heir. According to this method, the estate left over by the ancestors gets equally distributed among the heirs. Things that are excluded from this definition are those that are legally prohibited except for during dire necessity. As opposed to other authorities, UAE does not follow the "right of survivorship" wherein the jointly-owned property will be given to the surviving owner, and the UAE courts have exclusive authority to decide upon such matters.
Inheritance Under Muslim Law: Framework Of Sharia Law
Shafie law This school defines al-mal in a rather general and wide manner by stating that, a property is anything that benefits the people. Do heirs of a deceased foreign national has the right to choose the law under which the estate shall be divided? In cases where the subject matter of property is an immovable property, situated in the state of West Bengal, Chennai and Bombay, the Muslims shall be bound by the Indian Succession Act, 1925. Similarly, the debt that they inherit from the person deceased is also divided amongst all the heirs according to the proportion of the estate that they inherit. A husband in the case of succession to the wife's estate takes a half share in a case where the couple is without lineal descendants, and a one-fourth share otherwise. The law also fixes shares for the portion of the estate that the heir is entitled to: i The wife is entitled to one-fourth of the share if the couple has no lineal descendent, and one-eighth if they do. Hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch.
No member of the family or otherwise has any interest in the property of the testator until the testator dies. Something an individual can claim over something and excludes others from benefitting from it. According to Article 17 1 of the Civil Law, the inheritance will be regulated by the law of the deceased during the time of his death, whereas, Article 17 5 of the Civil Law states that the UAE law will be applicable on non-Muslim expatriate wills regarding the property located in the country. Therefore, the share of each person depends on the number of heirs. Under the Muslim, on the other hand, the females were always given the right to inherit the property.
Islamic rules of intestate succession : a detailed explanation
The non-testamentary succession under Muslim Law is governed by the Muslim Personal Law Shariat Application Act, 1937. Nevertheless, all these rules are derived from customary law and have altered rules due to a difference in interpretation. He is, therefore, appointed by the probate division of the High Court. The Concept of Ownership and the Concept of Property are though relevant to each other but are distinct concepts under the Islamic Law. Therefore, the share that a person gets depends on the number of heirs that exist. If therefore a change is made in Law of Succession, someone will naturally get thereby more than his or her due share that was allotted to him or her by the Qur'an. The Muslim Personal Law Shariat Application Act, 1937, for example, will apply in the situation of non-testamentary succession.
The per strip distribution method is recognized in Shia law. After death, no Muslim's heirs would be entitled to inherit such a person's possessions under Islamic law. There are many more nooks and crannies throughout Muslim law in general and the succession law in particular that deals with very minute intricacies that can change the outcome of any inheritance scenario coming under the ambit of these Islamic law provisions. When a Muslim dies, then the relatives of the deceased person 2 AIR 1993 MP 45 3AIR 1932 All. Therefore, the share of each person depends on the number of heirs.
The four Sunni Madhabs have slight differences over the details of some form of killings. A will drafted by a non-Muslim is recognized by the local courts upon the death of the testator, only if the will is duly notarized by the Public Notary in UAE. All the residuaries are related to the deceased through males only. Â Distribution of estate The distribution of the estate under Muslim law can be done in two ways — per-capita and per-strip distribution. The state is the ultimate heir of all property if no heir exists. On the failure of all Natural heirs, the estate of the deceased escheats to the government. Due to the complexity of the principles found in various religious sources, the Muslim societies on the other hand have elaborated inheritance rules which allow the distribution of wealth in a systematic fashion.
A child born in a Muslim family does not get his right to property with birth. Network » » » Islamic Law of Succession Services Search Islamic Law of Succession By: Allamah Sayyid Sa'eed Akhtar Rizvi We have been given to understand that the Government intends to make changes in the Islamic Law of Succession. The share taken by each sharer will vary in certain conditions. Because she gets spousal support in the form of Mehr and alimony. On the failure of all Natural heirs, the estate of the deceased escheats to the government. However, if the apparent heir does not survive his ancestor, then no such right of inheritance or share in the property shall exist. However, the latter shall not apply to Muslims who married under the Special Marriage Act, 1954.