INHERITENCE IN MUSLIM LAW.pptx

Inheritance in Muslim Law

1. INHERITENCE IN MUSLIM LAW

2. PRE ISLAMIC CUSTOMS Females and cognates had no rights of inheritance. Nearest male agnates succeed the property. Decedents were preferred over parents and other ascendants. Where agnates were equally distant, the devolution was per-capita.

3. Islamic Reforms New rules formed were just and equitable. Chapter 4 of Quran deals with the inheritance- It talks about equivalent position of two females. More than two then 2/3 rd , If one then half. Parents- 1/6 if have a son. If no son and parents are heirs, then to mother 6 th part after legacy.

4. Main reforms summed up as- Females and cognates are competent to inherit. Husband and wife have been each other’s legal heir. Parents and ascendants are entitled to inherit even in the presence of descendants. Share of the female is half of the share of the man.

5. Nature of heritable Property Every kind of property can be heritable property. No difference between corpus or usufruct or movables and immovables . Under Shia law, a childless widow is entitled to get her share ¼ in inheritance only from movable property left by her deceased husband.

6. Joint or Ancestral Property Joint family concept or coparcenary is not recognised in Muslim law. When a Muslim dies, everyone who inherited the property becomes the master of same. No distinction between self acquired and ancestral property.

7. Females rights of Inheritance Males and females have equal right of inheritance. Upon the death of Muslim, if his heirs include the females, then male and female inherit simultaneously. But share of male is double that of female reason is mehr .

8. Rules of Exclusion Homicide ( Ithna Asharia - death is intentional). Illegitimacy (inherit the property of mother) Difference of religion. Daughters exclusion under customs.

9. Scheme of distribution for females Widow- ¼ if no child or child of son how low so ever. 1/8 if child or child of son. More than one widow, all will share ¼ or 1/8 as the case may be.

10. Mother- 1/3 in absence of- Child Child of son Two full sisters Two full brothers. One brother and one sister. 1/6 in presence of anyone of above.

11. Daughter- Share is ½. More daughters- 2/3 divided equally. Daughter together with son- residuary. Son’s daughter Can inherit ½ if single, 2/3 more than one in the absence of- Two or more daughters. Higher son’s son. Two or more higher son’s daughter.

12. Full sister- ½ share. More than one 2/3 divided equally. Excludes in presence of- Child. Child of son. Father. Father’s father.