The divine justness and equitability of the islamic laws of inheritance have been correctly appreciated by many nonmuslim scholars such as professor almaric rumsey 18251899 of kings college, london, the author of many works on the subject of the muslim law of inheritance and a barristerat law, who stated that the muslim law of inheritance. Succession or inheritance may be defined as the devolution of title to property under the law of descent and distribution. An introduction to shia law applicable in south asia, modern asian studies, forthcoming. Pdf the islamic law of inheritance by hamid khan jean. The quran only contains three verses that give specific guidelines on inheritance chapter 4, verses 11, 12 and 176. Under any law of intestate succession, two questions, that arise, are.
It is the first thing that will be taken away from my nation prophet muhammad ibn majah by muhammad ahsan zafar. A comparative analysis 73 we will observe the same kind of difference in outcome if a deceased leaves behind a daughter and a grandson. Male lines inherit, unless fixed shares vary that result. To the students of law, a study of this is a sine qua non as it. The inheritance rights of women under jewish and islamic law. While al mirath connotes the inheritance or succession in general, al faraid which is used in reference to the subject matter connotes a fixed share, that is the apportioned shares to the individual heirs. Inheritance or succession is the knowledge of rules of islamic law which guide on who inherits and who does not as well as what shares go to the heirs from the property of the deceased estate 9. Succession would exclude those who take by deed, grant or any form of purchase contract. Muslim lawgivers have gone into details in laying down the categories of the persons who are entitled to participate in. The islamic law of inheritance oxford university press. Mylords, judges and kadis of the various islamic law principles and practice interlocked together. This is a guide for american muslims towards understanding something muhammad. The islamic law of inheritance offers an intricately specified system of inheritance rights in contrast to the vague outlines that compromise jewish, christianity, and nigeria customary. The law of inheritance in islam female heirs a statement attributed to the prophet mohamed says learn the laws of inheritance and teach them to the people for they are onehalf of useful knowledge.
The law of succession amendment act, which came into operation on october 1, 1992, amended the intestate succession act as regards the rules for the disqualification of and the renunciation by an intestate heir of his inheritance. Testamentary freedom as to onethird of estate after payment of debts and expenses of estate without consent of heirsatlaw. Islamic law of inheritance, like the rest of the islamic personal law, combines elements from both the pre islamic traditions and rules interpreted from the quran by the prophet. Pakistan journal of islamic research vol 10, 2012 72 while shia law recognizes only two classes, i. Inheritance according to islamic sharia law mawarith an islamic inheritance calculation program quran 4. Islamic inheritance rules are mandatory on all muslims in the shariah and are widely used through much of the muslimmajority world and in countries with large historic muslim minorities. Islamic law of inheritance, like the rest of the islamic personal law, combines elements from both the preislamic traditions and rules interpreted from the quran by the prophet. Islam has given guidance to us in all aspects of life including the law of succession so that each eligible person gets the due share. The islamic law saves on economy, massacre and peacemaking to the muslim community in kenya and the world at large. Principles and practice of succession under islamic law by.
The manner in which islamic inheritance is made is prescribed by the law in rigid and uncompromising terms. The question of return arises only in the case of the sharers, because their shares are fixed and determined. Succession under hanafi law hanafi law of inheritance. Capacity of women only in hanafi and shia law, has an adult woman the legal.
If a person is disqualified from being an intestate heir of the deceased, the benefit which the heir would have. Inheritance is considered as an integral part of shariah law. The laws of inheritance in islam textroad journals. The author has made an academic presentation of the islamic shariah laws on inheritance together with its application in terms of the south african law. Inheritance based on blood relationship and marriage 2. During the early stages of islam, the social system in madinah vas based on the brotherhood of the muhajir and ansaar. Whatever is left after the death of a muslim is his heritable property. With the coming of islam though, the prophet amended the customary laws and included certain. Pdf succession under muslim law saleem marsoof academia. Islam law marriage society islamic world divorce the ottoman empire. Succession to the estate of a deceased muslim is decided by the law which he belonged at the time of his death and not by the law of heirs. If the wife is expecting a child delivery, then the baby will receive the share. For a variety of reasons, the concept of the islamic system of succession is not very known among american muslims.
Muslims in india are governed by their personal law. Nonmuslim relatives are not eligible for inheritance. Concept of islamic inheritance law faraid in malaysia. The verses of surah nisa quoted below which ascertain a specific share to each heir and their placement in the quran clearly show that the above mentioned directive of making a will for the parents and relatives according to the conventions of society was revealed earlier. The return alradd inheritance according to the five. Evolution of the law of succession a inheritance by virtue of migration. And, if there are only girls among the children and they are more than two then they shall receive two thirds of the inheritance, and, if there is only one girl, then her share is half. It is remarkable for its simplicity and practicability. A guide for american muslims islamic inheritance or al faraid, is fundamental to islamic society. Inheritance of property in muslim law comes only after the death of a person, any. Fixed shares under sharia inheritance law may not be changed, as to twothirds of the estate.
Inheritance or succession is the knowledge of rules of islamic law which guide on who inherits and who does not as well as what. Islamic inheritance jurisprudence is a field of islamic jurisprudence arabic. The information in these verses, together with the practices of the prophet muhammad, allow modern scholars use their own reasoning to expand on the law into great detail. There is no concept of distant kindred in shia law.
This article gives an overview of the islamic laws of inheritance with the aim of increasing the awareness of the muslim community living in the west regarding this important aspect of islamic law. The 1981 reform made inheritance a matter of statutory law, 1 as discussed below, existing evidence on genderneutral inheritance rules is mostly based on the hindu succession act in. With the coming of islam though, the prophet amended the customary laws and included certain principles aimed at giving some rights to women. As is well known, the islamic system of inheritance. Shia inheritance law sunni law follows principles of pre islamic custom, changing those rules as specified in the quran and by the prophet. S322 of indian succession act1925 will not exceeding rd of estate. The faraid denotes the fixed shares of inheritance allocated to the various relatives legal heirs by the. Since south african law embraces freedom of testation, it is imperative that every major muslim, execute a valid will in accordance with islamic law. Succession in the islamic perspective reformation by islamic law of succession 1. Persons capable of making wills and freedom of testation.
This is a study of the islamic law of succession, intestate as well as testamentary. Under the law of succession act 1981, uniform legislation on intestate succession was made applicable to all kenyans, with specific exemptions for the application of customary laws. Male lines of descent and ascent favored over female lines. The laws of succession and the distribution of wealth are fundamentally important and form an integral part of our shariah. The islamic law of inheritance is a combination of the preislamic customs and the rules introduced by the prophet. The major rules of inheritance are detailed in quran, hadith and fiqh. These verses of surah nisa also explain that the reason the almighty has ascertained the shares of parents and. Key succession principles true lifetime gifts other than deathbed bequests of any amount permitted no clawback principle. A knowledgebase model for islamic inheritance jkuat. In sunni law, the daughter will have half of the estate while the rest will be inherited by the grandson as a residuary. Estate, inheritance, the division of property, social relantionship, inheritance created date. The administration on islamic law of inheritance in myanmar the. Radio islam islamic law of succession and inheritance. Jun 25, 2019 the quran only contains three verses that give specific guidelines on inheritance chapter 4, verses 11, 12 and 176.
A brief overview of islamic inheritance from a south. Islamic law and customary law of succession in southern nigeria in prince bola ajibola. Although the distribution of inheritance is an important topic for every one of us but books on this subject are scarcely found. Law of muslim succession islamic law of inheritance. Precisely i have endeavored to address this topic from the following perspectives, namely. Parents and children will surely get their portion. All movable or immovable property left behind by deceased whether the deceased earned it, inherited it or was. The scope of this article is confined to traditional sunni islamic law. Shia law deduces principles from quranic amendments and. Principles and practice of succession under islamic law national. The 1981 reform made inheritance a matter of statutory law, 1 as discussed below, existing evidence on genderneutral inheritance rules is mostly based on the hindu succession act in india.
The manner in which islamic inheritance is made is prescribed by the. This exception is only for the purposes of testamentary succession. Based on original sources, it includes the historical and theological bases of law developed by the muslim schools of jurisprudence. This means that inheritance is the process which makes a person to be entitled to the property of a deceased person from the legal point of view. Jun 05, 2018 the islamic law of inheritance is a combination of the pre islamic customs and the rules introduced by the prophet. The divine justness and equitability of the islamic laws of inheritance have been correctly appreciated by many nonmuslim scholars such as professor almaric rumsey 18251899 of kings college, london, the author of many works on the subject of the muslim law of inheritance and a barristeratlaw, who stated that the muslim law of inheritance. Islamic principles relating to inheritance there is a share for men and a share for women from what is left by parents and those nearest related, whether the property be small or large a legal share. Pdf islamic law of inheritance and succession meaning. Most muslims are blissfully unaware of the importance of the islamic law of succession and the consequences of an unislamic will. Muslims inherit from one another as stated in the quran. This article entitled succession under muslim law, which outlines the law relating to both testate and intestate succession applicable to the muslims of sri lanka, came out of an attempt made by its author, justice saleem marsoof, pc in the late. Relatives not in the above list are not among the standard heirs. Generally the laws of succession are divided into two groups.
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