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. Inheritance or succession is the knowledge of rules of islamic law which guide on who inherits and who does not as well as what. Male lines inherit, unless fixed shares vary that result. Law of muslim succession islamic law of inheritance.
Parents and children will surely get their portion. Muslims in india are governed by their personal law. An introduction to shia law applicable in south asia, modern asian studies, forthcoming. The laws of succession and the distribution of wealth are fundamentally important and form an integral part of our shariah. If a person is disqualified from being an intestate heir of the deceased, the benefit which the heir would have. Pdf the islamic law of inheritance by hamid khan jean. 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. During the early stages of islam, the social system in madinah vas based on the brotherhood of the muhajir and ansaar. This exception is only for the purposes of testamentary succession. A brief overview of islamic inheritance from a south.
This is a guide for american muslims towards understanding something muhammad. 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. It is remarkable for its simplicity and practicability. 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. This is a study of the islamic law of succession, intestate as well as testamentary. To the students of law, a study of this is a sine qua non as it. 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. Islamic law and customary law of succession in southern nigeria in prince bola ajibola. Generally the laws of succession are divided into two groups. 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. Succession under hanafi law hanafi law of inheritance. There is no concept of distant kindred in shia law.
Precisely i have endeavored to address this topic from the following perspectives, namely. 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. Since south african law embraces freedom of testation, it is imperative that every major muslim, execute a valid will in accordance with islamic law. Muslims inherit from one another as stated in the quran. 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. Principles and practice of succession under islamic law national. Mylords, judges and kadis of the various islamic law principles and practice interlocked together. 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.
Whatever is left after the death of a muslim is his heritable property. The manner in which islamic inheritance is made is prescribed by the. 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. Inheritance law according to islam learn religions. Most muslims are blissfully unaware of the importance of the islamic law of succession and the consequences of an unislamic will. Relatives not in the above list are not among the standard heirs. Shia law deduces principles from quranic amendments and. The quran only contains three verses that give specific guidelines on inheritance chapter 4, verses 11, 12 and 176. Lucy carroll, the ithna ashari law of intestate succession. The manner in which islamic inheritance is made is prescribed by the law in rigid and uncompromising terms. The major rules of inheritance are detailed in quran, hadith and fiqh. Concept of islamic inheritance law faraid in malaysia. As is well known, the islamic system of inheritance.
If the wife is expecting a child delivery, then the baby will receive the share. It is the first thing that will be taken away from my nation prophet muhammad ibn majah by muhammad ahsan zafar. The laws of inheritance in islam textroad journals. 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. Radio islam islamic law of succession and inheritance. In sunni law, the daughter will have half of the estate while the rest will be inherited by the grandson as a residuary. Succession in the islamic perspective reformation by islamic law of succession 1. The inheritance rights of women under jewish and islamic law. 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.
Jun 05, 2018 the islamic law of inheritance is a combination of the pre islamic customs and the rules introduced by the prophet. 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. 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. Succession would exclude those who take by deed, grant or any form of purchase contract. Estate, inheritance, the division of property, social relantionship, inheritance created date.
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. 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. With the coming of islam though, the prophet amended the customary laws and included certain principles aimed at giving some rights to women. Capacity of women only in hanafi and shia law, has an adult woman the legal. Fixed shares under sharia inheritance law may not be changed, as to twothirds of the estate. Persons capable of making wills and freedom of testation. A guide for american muslims islamic inheritance or al faraid, is fundamental to islamic society. Inheritance according to islamic sharia law mawarith an islamic inheritance calculation program quran 4. Islamic inheritance jurisprudence is a field of islamic jurisprudence arabic. A comparative analysis 73 we will observe the same kind of difference in outcome if a deceased leaves behind a daughter and a grandson. 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. The scope of this article is confined to traditional sunni islamic law. Pakistan journal of islamic research vol 10, 2012 72 while shia law recognizes only two classes, i. The return alradd inheritance according to the five.
These verses of surah nisa also explain that the reason the almighty has ascertained the shares of parents and. 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. Male lines of descent and ascent favored over female lines. 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. A knowledgebase model for islamic inheritance jkuat. Inheritance of property in muslim law comes only after the death of a person, any. Muslim lawgivers have gone into details in laying down the categories of the persons who are entitled to participate in. S322 of indian succession act1925 will not exceeding rd of estate. Nonmuslim relatives are not eligible for inheritance.
The administration on islamic law of inheritance in myanmar the. For a variety of reasons, the concept of the islamic system of succession is not very known among american muslims. Although the distribution of inheritance is an important topic for every one of us but books on this subject are scarcely found. With the coming of islam though, the prophet amended the customary laws and included certain. Evolution of the law of succession a inheritance by virtue of migration. 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 succession under muslim law saleem marsoof academia.
The islamic law of inheritance oxford university press. Succession or inheritance may be defined as the devolution of title to property under the law of descent and distribution. Pdf islamic law of inheritance and succession meaning. 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. Under any law of intestate succession, two questions, that arise, are. All movable or immovable property left behind by deceased whether the deceased earned it, inherited it or was. Inheritance based on blood relationship and marriage 2. The islamic law of inheritance is a combination of the preislamic customs and the rules introduced by the prophet. Inheritance is considered as an integral part of shariah law. The question of return arises only in the case of the sharers, because their shares are fixed and determined. Jun 25, 2019 the quran only contains three verses that give specific guidelines on inheritance chapter 4, verses 11, 12 and 176. This property can be movable or immovable and ancestral or selfacquired. Key succession principles true lifetime gifts other than deathbed bequests of any amount permitted no clawback principle. 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.
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