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How does Muslim law address issues related to inheritance in India?

How does Muslim law address issues related to inheritance in India?

14-Mar-2023

Muslim Law

Answer By law4u team

In India, Muslim law, which is governed by the Muslim Personal Law (Shariat) Application Act, 1937, regulates inheritance matters for Muslims. Here are some key provisions related to inheritance in Muslim law: The Quranic shares: The Quranic shares or the Faraidh are the fixed shares of the estate that are determined by the Quran and apply to all Muslim heirs, regardless of their gender or age. The Faraidh are calculated based on the number and relationship of the heirs, and they are meant to ensure that each heir receives a fair and just share of the estate. Classifications of heirs: Muslim law recognizes three classifications of heirs – sharers, residuaries and distant kindred. Sharers are those who are entitled to receive a share of the estate as per the Faraidh, while residuaries inherit the remainder of the estate after the sharers have received their shares. Distant kindred inherit only in the absence of sharers and residuaries. Exclusion of certain heirs: Muslim law excludes certain heirs from inheriting, such as those who are not Muslim, those who have murdered the deceased, and those who have been disowned by the deceased. Will: Muslim law allows the deceased to make a will to dispose of a portion of their estate, provided that it does not exceed one-third of the estate and does not prejudice the rights of the heirs. It is important to note that the application and interpretation of Muslim law can vary among different schools of jurisprudence and regions in India. Therefore, it is advisable to consult with a qualified Islamic scholar or lawyer for specific advice on inheritance matters under Muslim law.

Answer By Ayantika Mondal

DEAR CLIENT, Key Features of Muslim Inheritance Law 1. Automatic Succession: Inheritance opens automatically upon the death of the deceased, and legal heirs inherit their shares immediately. 2. Fixed Shares: Muslim law prescribes fixed shares for heirs as per Quranic injunctions. 3. Exclusion of Certain Heirs: The presence of certain heirs may exclude others (e.g., a son may exclude certain distant male relatives). 4. Doctrine of Representation Not Recognized: Unlike Hindu and Christian inheritance laws, the doctrine of representation (where a predeceased son’s children inherit in his place) does not apply in Muslim law. 5. No Concept of Coparcenary: Unlike Hindu law, where male members have a birthright in ancestral property, Muslim inheritance recognizes no such concept. 6. Distinction Between Agnates and Cognates: Agnates (related through males) are generally preferred over cognates (related through females). Rules Governing Muslim Inheritance in India 1. Gender-Based Distribution: Generally, male heirs receive twice the share of female heirs. This is based on the principle that males have financial responsibilities in Islamic law. 2. Right of a Widow: A widow gets 1/8th of her deceased husband's property if they have children and 1/4th if they do not. 3. Rights of Daughters: Daughters inherit half of what sons inherit. If there are only daughters and no sons, they may collectively receive two-thirds of the estate. 4. Illegitimate Children: Illegitimate children do not inherit from their father under Muslim law but can inherit from the mother. 5. Adopted Children: Inheritance rights do not extend to adopted children under Islamic law. 6. Will (Wasiyat): A Muslim can bequeath up to one-third of their estate through a will, provided it does not infringe upon the rights of legal heirs unless with their consent. 7. Exclusion of Non-Muslims: A non-Muslim cannot inherit from a Muslim’s estate under Islamic law. 8. Murderer’s Disqualification: A person who kills an ancestor is disqualified from inheriting from them. We hope this clarifies your query. Please feel free to reach out for further assistance. Thank you.

Answer By Anik

Dear client, Muslim law in India concerning inheritance is primarily governed by the personal laws derived from the Quran, the Hadith (teachings of the Prophet Muhammad), and traditional interpretations. The Indian legal framework recognizes these personal laws, thus allowing Muslims to adhere to their religious principles regarding inheritance. The administration of Islamic inheritance laws in India is governed primarily by the Muslim Personal Law (Shariat) Application Act, 1937, which mandates that Muslims must follow Sharia in matters of marriage, divorce, and inheritance. However, the Act only applies to Muslims who are not governed by any other personal law. Despite the stipulations of Sharia, gender inequality persists as a significant aspect in the Indian context. Under Islamic law, daughters receive half the share of sons. This principle of male preference has been a subject of debate regarding gender justice and equity. Islam also allows for testimony (wasiyat) or bequests, enabling an individual to will away up to one-third of their estate to non-heirs. This provision acts as a mitigating factor for cases where an heir might be left disadvantaged due to the fixed shares mandated by the law, thus allowing individuals to allocate their property as they see fit within limits. In India, the application of Muslim law to inheritance has not been without its controversies. Issues have arisen concerning uniformity, especially when comparing Muslim laws with secular laws. Several cases have reached the courts, challenging traditional interpretations of inheritance rights, particularly regarding women’s equality and rights. We hope this clarifies your query. Please feel free to reach out for further assistance. Thank you.