Inheritance under islamic law pdf

In addition, main laws governing succession are federal law number 5 of 1985 concerning the civil transactions code the civil law and federal law number 28 of 2005 regarding the personal status law the personal law. Muslim lawgivers have gone into details in laying down the categories of the persons who are entitled to participate in. The father of the deceased and his mother and his children and the children of his children in the state of lacking the existence of his own children, although they descend the family tree, of course the. The existence of different schools of law and the further variations which have been introduced into the traditional legal practice of a given area under the recent process of reform, modern islamic law, when viewed on a worldwide basis therefore, is an. Precisely i have endeavored to address this topic from the following perspectives, namely. Customary law of property, contract, inheritance, and obligations. Whatever is left after the death of a muslim is his heritable property. Sunni law fiqah hanafi and shia law fiqah jafariah. Inheritance according to islamic sharia law mawarith an islamic inheritance calculation program quran 4. Shia law of inheritance and explain its implications along with comparative analysis of the corresponding feature of sunni law.

Male lines inherit, unless fixed shares vary that result. The laws of inheritance in islam textroad journals. Inheritance of hermaphrodite khuntha under the muslim law. The money and the property that we possess in this life is a trust from god and our responsibility to use it for his sake extends beyond our death, for on the day of judgement we will surely be asked about our wealth and how we spent it. Introduction between testate succession and intestacy.

Tanzania also recognizes islamic law, which governs inheritance in modern muslim states, such as egypt, tunisia, morocco, and iran, under which wives are entitled to only half of what their. Succession under hanafi law hanafi law of inheritance. Pdf this book introduces the complex principles of islamic law of inheritance in the most lucid and understandable manner. 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. This slide show would help assist those who are interested to learn the basics of sunni law of inheritance. Ii inheritance or testamentary succession inheritance is the succession that takes place under a testament or last will. The inheritance rights of women under jewish and islamic law. Under the islamic law, inheritance should provided with any opportunity to claim their religiouslyimmediately take place upon the death of a person. Shia law of inheritance divides legal heirs into three 3 divisions, that is, group 1 parents, children and their lineal descendants, group 2 grandparents and siblings, and, group 3 paternal and maternal. Islamic inheritance distribution is often a math problem, and as you might expect, calculators are available that can calculate inheritance for you. After the death of a muslim, his properties are utilised for the payment of funeral expenses, debts and the legacies i.

Succession in the islamic perspective reformation by islamic law of succession 1. The general principles of inheritance under muslim law are mentioned below. Calculate inheritance shares of eligible heirs according to islamic law based on quran and sunnah. Some important issues, will also come under debate, including, human rights, terrorism, political islam, womens rights, rights of religious minorities, punishments. Under islamic law, all legal documents, especially wills, must be witnessed. Inheritance based on blood relationship and marriage 2. I argued that the protoislamic law of inheritance was a complete system that was designed to. In modern society, the process is regulated in minute detail by law. 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.

A person who inherits from a person cannot be a witness to that persons will, as it is a conflict of interest. In this article we will examine inheritance, paying particular attention to rights and responsibilities as defined by islamic law. Islamic inheritance has led to the historical development of math, including algebra. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life. A comparative analysis shahbaz ahmad cheema abstract sunni and shia laws of inheritance are different in their foundational structure as well as detailed implications, though the both are inspired from the quranic verses of inheritance.

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. 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. Succession or inheritance may be defined as the devolution of title to property under the law of descent and. Muslim personal law and law of inheritance, in light of he quranic verses and relevant enactment such as. Principles and practice of succession under islamic law national. A comparative analysis 69 shia and sunni laws of inheritance. The term inheritance also designates the property itself. Noteworthy is the fact that most societies have been essentially patriarchal. Islamic inheritance and wills all parts the religion. Click to share on facebook opens in new window click to share on twitter opens in new window. Will or testament under the islamic law of inheritance in.

If there are only daughters, two or more, their share is twothirds of the inheritance. Alhaj mahomed ullah, the muslim law to inheritance, university of allahbad, law publishing company, 206208. The islamic law saves on economy, massacre and peacemaking to the muslim community in kenya and the world at large. Inheritance of hermaphrodite khuntha under the muslim. 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. All movable or immovable property left behind by deceased whether the deceased earned it, inherited it or was gifted this property. Shia law is similar with sunni law to some extent and dissimilar to another. 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. One, the view of the prophet is clear that after the death of a person, his property has to be distributed to his heirs and this rule is considered as divine law and any interference to it is unacceptable. Inheritance, the devolution of property on an heir or heirs upon the death of the owner.

Australian journal of basic and applied science, 10, 104110. Awang, the islamic inheritance lawfaraid, the manifestation of comprehensive inheritance management in islam, islamic law shariah dept, university kabangsaan malaysia. In our attempt to simplify the learning and application of inheritance law in islam, we presented the teaching in online classes for nigerian masses. Lagos, 3rd edition, 2014 p 340 5 ishak aliyu, inheritance in islamic law, zazzau ventures, 2005, p 10 6 hussain a, the islamic law of succession. The heirs whom inherit from the deceased due to relations are of three levels. Pdf the rights of women to inheritance under the islamic. History of the laws of inheritance in kenya 3 precolonial kenyas laws of inheritance 3 a african customary law 3 b islamic law of succession 5 c hindu law of succession 6 d europeans. An analysis of the impediments to inheritance under islamic law is a vital topic that concerns every aspect of the distribution of estate of a muslim, particularly where there is a marriage relationship between a muslim man and nonmuslim woman and it give rise to protracted litigation especially where the legitimacy of one of the. The manner in which islamic inheritance is made is prescribed by the law in rigid and uncompromising terms. It further provides that the district judge may on a petition made by a muslim married woman, dissolve a marriage on any ground recognised by muslim personal law i. There are three grounds for inheritance pre islamic.

Pdf the rights of women to inheritance under the islamic law. Under any law of intestate succession, two questions, that arise, are. The manner in which islamic inheritance is made is prescribed by the. Introduction praise be to allah, the lord of the worlds, who by his grace and volition created us humans and showed us in the quran how to divide inheritance and may his peace and blessings be on our. General principles of inheritance under muslim law prof. Appraisal of the impediments to inheritance under islamic law. Inheritance under shia law in pakistan the legal brief. The principal source of law of inheritance in uae is shariah and on the basis of which several federal laws have been promulgated. Revised2006 islaamic sharia law for the new global world those rulers, politicians or other persons having authority, who dont take any interest on establishing islaamic sharia law, based on quraan and authentic sunnah may actually not be believers in the view of allah. Shia law deduces principles from quranic amendments and.

The concept of a will under islamic law is a sort of bargain between two different propensities. Read more about the law of inheritance in this article. Islamic inheritance jurisprudence is a field of islamic jurisprudence arabic. Inheritance in islam an attempt to simplify one of the complex branches of shariah. This property can be movable or immovable and ancestral or selfacquired. Abstract the idea of succession is as old as the history of mankind as this paved the way for the continuity of property and civilization. A detailed analysis abstract the idea of succession is as old as the history of mankind as this paved the way for the continuity of property and civilization.

Principles and practice of succession under islamic law by. Shia inheritance law sunni law follows principles of preislamic custom, changing those rules as specified in the quran and by the prophet. Introduction to islamic law contents page course information 2. Simplify inheritance rights in islamic law hermaphrodite right to inheritance and married khuntha. There are some obstacles and impediments which prevent an inheritor to benefit from the assets left by hisher deceased relation. The islamic law of inheritance is a combination of the preislamic customs and the rules introduced by the prophet.