Legal Heir Muslim Law

Islamic law establishes strict and rigid inheritance rules that determine how a Muslim`s estate is divided among his heirs in the event of death. One of the most well-known rules in Islamic inheritance rules is that daughters inherit half of a son`s share. This rule causes discomfort to some Muslims, perhaps with the thought that it is outdated. However, understand that this represents a “right” to inheritance, something unknown in the United States. It is therefore not appropriate to compare. This rule represents a link between rights and duties in Islam. Men have more duties with their wealth than women. This may be legally enforceable in classical Islamic law. More information can be found here. The classic position of the Maliki and Shafi`i schools [5] is that if there is no quota or re-death, the property goes directly to the public treasury, i.e. steps (3) and (4) are ignored. However, both schools joined the Hanafi and Hanbali schools[6] and adopted the above five stages due to the absence or disorganization of Bayt al-mal. Therefore, it is necessary to determine the parents of the testator entitled to inherit and their shares.

[2] Most often, it is distributed according to a hierarchy of three classes of heirs: Furthermore, the Qur`an does not distinguish between men and women in cases of Kalalah relations. [13] [14] Kalalah describes a person who leaves no parents or children; It also means all the parents of a deceased person except his parents and children, and it also refers to relationships that do not exist by the parents or children [of the deceased]. Islamic scholars believe that the initial reasons for these differences are the responsibilities assigned to spouses. A husband in Islam must use his inheritance to support his family, while a wife has no maintenance obligations. In addition, Arab society traditionally practiced the custom of bride price or dowry instead of dowry; That is, the husband gave a gift to his wife or family at the wedding, not the other way around, which placed a financial burden on men, while there was none on women. This custom has been continued by Islam, but materially modified. The divine commandment stipulated that the dowry (mahr) was due only to the woman, not to her family. It may also be deferred to reduce the burden if the husband is unable to pay the dowry requested at the time of marriage. The wife can defer it until a certain date or it can become a debt on the estate if the husband dies. And gladly give their dowry to women (as an obligation), but if they transfer part of the dowry on their own, you can enjoy it with pleasure. [15] This is the basic framework of the Islamic heritage system.

Read our other FAQs below for more information on the specific rules of Sharia inheritance and answers to many questions about the actual Sharia legacy. You can also use our exclusive Islamic INHERITANCE CALCULATOR software to discover your Islamic heirs and their shares. – Widows have life interests on the estate they lose upon remarriage, while widowers continue to enjoy their rights to the property of their deceased spouse, whether or not they remarry. In Islam, women have the right to inheritance,[7] although Islam generally allocates to women half of the share of inheritance available to men when they inherit from the same father. For example, if the deceased has both male and female children, the proportion of a son is twice that of a daughter. [8] There are other circumstances in which women may receive the same share as men. For example, the proportion of a deceased person`s mother and father who leaves children. [9] In addition, the share of a brother who has the same mother corresponds to the share of a sister who shares the same mother, as well as the shares of her descendants. [2] However, there are considerable differences of opinion regarding the Shia understanding of Islamic inheritance rules.

In an inheritance calculation, a wider distribution among male heirs is less likely, and the Wasiyyah, which I will discuss below, can be used for legal beneficiaries. This fusion of ancient agnatic customs and Islamic law has led to a number of problems and controversies that Muslim jurists have resolved in different ways. [2] Through the use of deductive reasoning (Qiyas), Muslim jurists added three additional heirs: the paternal grandfather, the maternal grandmother and the agnatic granddaughter. These heirs, if they have the right to inherit, receive their fixed shares and the rest of the estate is inherited from the remnants (ʿaṣaba). [2] This has led to some minor differences between Sunni law schools and Sunni Maddhabs. In addition, the laws of inheritance for Twelver Shiites, although based on the same principles, differ in a number of characteristics due to the rejection of certain hadith accounts and based on their understanding of certain events of early Islam. [1] On the other hand, the inheritance system of the Ibadis and Zaidi Kharajites is very similar to that of the Sunni system. [1] In modern Muslim countries, a mix of different schools of jurisprudence (including Shia) is generally in place, in addition to a number of important reforms to the traditional system.