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Inheritance Rules in Muslim Law

The document outlines the rules of inheritance under Muslim personal law, detailing how a deceased person's property is distributed among heirs according to Islamic principles. It specifies conditions under which certain individuals, such as murderers and illegitimate children, are excluded from receiving shares. Additionally, it explains the fixed shares for various heirs, including parents, spouses, and children, as well as the distribution among siblings.

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Sajad Hussain
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20 views8 pages

Inheritance Rules in Muslim Law

The document outlines the rules of inheritance under Muslim personal law, detailing how a deceased person's property is distributed among heirs according to Islamic principles. It specifies conditions under which certain individuals, such as murderers and illegitimate children, are excluded from receiving shares. Additionally, it explains the fixed shares for various heirs, including parents, spouses, and children, as well as the distribution among siblings.

Uploaded by

Sajad Hussain
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

MUSLIM PERSONAL LAW

INHERITANCE

LEC: 01
Ek beta apny baap ko es garaz sy goli mar kar qatal kar deta hai k wo apnay
bap k property ka malik ban jaiga. To kia ek qatil bety ko apny baap k
property sy hisa mill sakta hai?

When a person departs from this world, their rights are transferred to
their heirs. These rights are distributed among the heirs of deceased
according to specific rules outlined in Islamic law, as mentioned in the
Quran in Surah An-Nisa. This is called inheritance (miras).

Today, we will try to understand these rules regarding how the property
of a deceased person is distributed
To jesy hi koi Insan inteqal kar jata hai to us k foran baad
inheritance ka darwaza khul jata hai. Lekin es darwazy k andar
dakhil hony sy pehly 4 chezain karny zaroori hain over wo hain

a) Funeral expenses
b) To pay debts, if any and dower, if not paid.
c) Determination of will
d) Execution of will

Once the above mentioned four essentials are fulfilled now the
property is ready to be distributed among legal heirs of deceased
as per the set rules of Muslim Law.
Before understanding how the property will be distributed, it is important to know
that who cannot receive a share in the property, even if they are legal heirs.

1. Murderer
2. Difference of
religion
3. Illegitemate
child
4. Adopated Child
5. Setp Son and
Daughter
6. Servant
Classification of Heirs

 Fixed share Distant kinder


 Parents Residuary • Siblings
 Husband • Son
 Wife (Some time father and daughter )
 Daughter

Residuary
• Son
(Some time father and daughter )
Surah Nisa Verse 11

Deceased

Children- Yes Children- No

Only Parents =
Son Parents Siblings
Daughter/s Whole

only one two/more Father Mothe


r

1/2 Same as Son &


Equal to 2 2/3 1/6 2/3 1/3
Daughter
daughter
Surah Nisa Verse 12

Deceased,
Deceased, Wife
Husband

Children-Yes Children- No Children-Yes Children-No

Husband-1/4= Husband-1/2= Wife-1/8=


Wife-1/4= 25%
25% 50% 12.5%

For Siblings (if no children or parents):


If the deceased leaves only a sister, she gets 1/2 (50%) of the estate.
If the deceased leaves only a brother, he gets the entire estate.
If there are multiple siblings (brothers and sisters), the estate is divided such that a brother gets
twice as much as a sister
DECEASED CONDITION HEIR SHARE OF ESTATE

Children Husband 1/2 or


Wife 50%
Children Husband-Yes 1/4 or 25%

Wife Children 1/8 or


12.5%
Husband Wife Children-Yes 1/4 or 25%

Deceased left Siblings only, no Children neither parents. In this case:

If the deceased leaves only a sister, she gets 1/2 (50%) of the estate.
If the deceased leaves only a brother, he gets the entire estate.
If there are multiple siblings (brothers and sisters), the estate is divided such
that a brother gets twice as much as a sister

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