What is Muslim Law of Inheritance in India?

The

inheritance of Muslim law

is governed by Islamic principles derived from Shariah law. These principles dictate how the estate of a deceased Muslim individual is distributed among their heirs.

What is Islamic Inheritance Law?

The Muslim law on inheritance is primarily based on the Quran and the Hadith (sayings and actions of Prophet Muhammad) and is applicable to Muslims in India.

Under Islamic law, 

• The estate of a deceased Muslim is divided among their heirs according to specific rules laid down in Shariah. The deceased's property is distributed among their heirs after the payment of funeral expenses, debts, and bequests (if any).

• The legal heirs in Islamic law include the deceased's spouse(s), children, parents, and other blood relatives, depending on the circumstances. The shares of inheritance are determined based on the relationship of the heirs to the deceased and the presence of other heirs.

• Shariah prescribes fixed shares for each category of heirs. For example, sons and daughters are entitled to fixed shares of the estate, with sons typically receiving double the share of daughters. Similarly, spouses, parents, and other relatives have fixed shares as per Islamic law.

• The Quran and Hadith provide specific guidelines for the distribution of the estate among heirs, including rules regarding the priority of certain heirs over others, the exclusion of certain relatives from inheritance, and the calculation of shares.

• Islamic law provides for certain exclusions and exceptions to the general rules of inheritance. For example, non-Muslims cannot inherit from Muslims under Islamic law, and illegitimate children may have limited inheritance rights. 

These are the details of

inheritance of Muslim law

.

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Hi, Pal,

I am a historian and take a deep interest in various religious philosophies and cultures. Today I want to share with you some interesting facts about the Muslim law of inheritance. I have done thorough research by going through various Shia and Sunni law of inheritance in India pdf. 

A Mahomedan is someone who follows the Mahomedan religion, which recognises that there is only one God and that Mahomed is his Prophet. Before understanding the inheritance under the Muslim law in India, you should know,

The Mahomedans are split into two sects: Sunnis and Shias. The core paradigm and specific findings of Sunni and Shia law of inheritance in India differ, yet both are favoured by the Quranic tone of inheritance. Because Sunnis are the majority, their Muslim inheritance law in India is well-known, whereas the Shia law of inheritance does not.

Their law of inheritance is divided into 2 parts,

• Primary class:

1. Sharers or Quranic Heirs-

2. Residuary class or Agnatic heir

3. Uterine Heirs or Distant Kindred

• Subsidiary class

The Subsidiary Class is the second type of class.

Only in unusual circumstances do their heirs inherit the property.

1. The Government (When there is no Legal Heir of the deceased)

2. Legatee Universal

3. Thank a relative

The Shia Law separates heirs into two groups: those who are related by blood (consanguinity) and those who are related by marriage (affinity). Nasab refers to heirs by consanguinity as heirs, while Sabab refers to heirs by affinity as heirs.

This would give you a brief idea about the Mohammedan law of inheritance in India.

makes no distinction between men's and women's rights. Nothing can prohibit both a girl and a male child from being legal heirs of the inheritable property when their ancestor dies. The quantum of a female heir's part, on the other hand, is usually half that of a male heir's share. The reason for this is that under Muslim law, a female will receive, Mehr and maintenance from her husband upon marriage, whereas males will inherit just their ancestors' property. Males are also responsible for the upkeep of their wives and children.

I believe this answer would help you with insights into the Muslim law of inheritance. For further understanding, you too can go through various available  Shia and Sunni law of inheritance in India pdf. 

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