FREE COMPLETE STUDY MATERIAL NOTES FOR IBBI EXAMINATION
E-BOOK
ONLINE BATCH STUDY MATERIAL-50 HRS EDUCATIONAL COURSE UNDER RULE 5(1) READ WITH RULE 12(2)(a) FOR REGISTRATION AS VALUERS UNDER THE BANNER OF CEV IAF RVO
UNIT-5
CHAPTER-13
INHERITANCE UNDER MUSLIM LAW
The Muslim law of succession constitutes four sources of Islamic law –
- The Holy Quran
- The Sunna – that is, the practice of the Prophet
- The Ijma – that is, the consensus of the learned men of the community on what should be the decision on a particular point
- The Qiya – that is, an analogical deduction of what is right and just in accordance with the good principles laid down by God.
Muslim law recognizes two types of heirs, Sharers, and Residuaries. Sharers are the ones who are entitled to a certain share in the deceased’s property and Residuaries would take up the share in the property that is left over after the sharers have taken their part.
Sharers:
The Sharers are 12 in number and are as follows: (1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son’s son or son’s son and so on), (5) Father,
(6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother.
The share taken by each sharer will vary in certain conditions. For instance, a wife takes 1/4th of share in a case where the couple is without lineal descendants, and a one-eighth share otherwise. A husband (in the case of succession to the wife’s estate) takes a half share in a case where the couple is without lineal descendants, and a one-fourth share otherwise. A sole daughter takes a half share. Where the deceased has left behind more than one daughter, all daughters jointly take two-thirds.
If the deceased had left behind son(s) and daughter(s), then, the daughters cease to be sharers and become residuaries instead, with the residue being so distributed as to ensure that each son gets double of what each daughter gets. ……………………….READ MORE
TO READ THE COMPLETE NOTES CLICK THE LINK BELOW
