MUSLIM LAW OF INHERITANCE
• The Muslim law of inheritance derives its
principles from four principal sources of
Islamic law which are: the holy Koran, the
Sunna i.e. the practice of the Prophet, the Ijma
i.e. the consensus of the learned men of a
community on a particular point of law and
the Qiya i.e. the analogical deductions of what
holds just and right and in line with the
principles of God.
• The Muslim Personal Law (Shariat) Application
Act, 1937 is applicable to non-testamentary
succession, i.e. succession in the absence of a
will.
• For testamentary succession, which is when
the deceased has made a will, then the
Muslim Shariat Law is applied to succession,
as practised by the Sunni and Shia Muslims.
• Moreover, in case of testamentary succession, for
immovable property specifically located in the
state of West Bengal or a property falling under
the jurisdiction of the Bombay and Madras High
Courts, the succession is conducted as per the
Indian Succession Act, 1925.
• Under the Muslim law, there is no stringent
difference between immovable or movable
property and incorporeal or corporeal properties.
• There is also no difference between a
self-acquired property or ancestral property in
Muslim law.
• The concept of inheritance is rooted in the
Islamic or Quranic principles enumerated by the
Prophet.
• Islamic laws do not recognise joint tenancy, and
the heirs are tenants-in-common, i.e., they can
only seek to inherit the shares of the property
that is held in common
• In the case of Abdul Raheem v. Land Acquisition
Officer (1989), the court remarked that Muslims
do not follow or recognise the joint family system
in matters of inheritance, and after the death of a
Muslim person, the rights, title, and interest he
held in his estate cease to exist and stand vested
in others.
• Inheritance is not at all a birth-right under Muslim law
• An heir- apparent must survive the deceased to claim
an inheritance. A child in the womb of its mother is
also competent to inherit, provided it is born alive.
• If the child is stillborn, it will be treated as though it
never existed, and thus the interest in the share of
property that was vested in the child is stripped off.
• Under Islamic laws, male and female heirs alike have
the right to inherit property
Details of General Law of Inheritance
• When a Muslim dies there are four duties which need
to be performed. They are:
• 1. Pay funeral and burial expenses.
• 2. Paying debts of the deceased.
• 3. Determine the value / will of the deceased (which
can only be a maximum of one third of the property).
• 4. Distribute the remainder of estate and property to
the relatives of the deceased according to Shariah Law.
– What is left after deducting the following items from the
property left by the Muslim deceased is only his heritable
property:
How is property distributed under
Muslim Law?
• Property can be distributed by two methods
under Muslim law:
• Per capita distribution
– Sunni Muslim
• Per Stripe’s distribution
– Shia Muslims
Per capita distribution:
• mainly followed by the Sunni Muslims.
• the property is divided equally among all the
heirs.
• Ie., the number of heirs of the deceased
determines the amount of share for each heir
in the property of the deceased.
• The branch of the family to which the heir
belongs to does not influence the inheritance
that he or she is subjected to receive.
Per Strip Distribution
• This method is mostly used in Shia law.
• According to this method, the property of the
deceased is distributed among the heirs
according to the strip they belong to.
• the family branch and the number of people
that exist in that particular branch of the
family will determine the amount of share in
the property of the family members.
The general principles of inheritance
• Nature of heritable property
– heritable property is that property which is available to the legal
heirs for inheritance. Any property which is in the ownership of
the deceased at the time of his death would be considered as
heritable property.
• Joint or Ancestral property:
– Unlike Hindu law, the Islamic law of Inheritance does not
recognize the concept of joint family or coparcenaries property.
• Birthright under the Muslim Inheritance Law
– A Muslim's right to inherit property does not begin at birth;
rather, it begins after death. A Muslim heirs have no right to his
property until after his death.
• Doctrine of Representation
– This Doctrine is not recognised by Islamic inheritance law.
Because in accordance with Islamic rule, the closer ones will be
excluded from the farther ones.
• Rights of Females
– The Islamic law of inheritance accords equal rights to males and
women
• Rights of a Widow
– A Muslim widow who is childless is entitled to receive one-fourth of
her late husband's property under Shia law. The widow of a deceased
spouse, however, is entitled to one-eighth of his property if she had
children or grandchildren.
• Rights of Inheritance of a child in womb
– A kid in a mother's womb at the time of a father's passing is only
eligible to inherit property under Muslim law if the infant is born alive.
• Right of Inheritance of the stepchildren
– There is no right for the stepchildren to receive any inheritance from
their stepparents.
• Escheat:
– It alludes to the giving of the government the authority to seize estate
assets or unclaimed property.
Class of heirs under Muslim law
• Quaranic Heirs or Shares: those heirs who are entitled
to get a prescribed/ specific share from the heritable
property. Heirs who take, or can take in specified
situations, fractional shares fixed in the Quran – their
total number is TWELVE among whom, noteably , eight
are women.
• Residuaries : those who inherit only the residue of the
property after allotment of respective shares to the
Quaranic Heirs.
• Distant kindred relations: Person related to propositus
through blood but neither included in Quaranic Heirs
nor on Residuaries