CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

PROJECT TOPIC

GENDER RIGHTS AND LAW OF SUCCESSION IN ISLAM

Submitted by:

TANUSHKA SHUKLA (2169)

B.A. L.L.B. (Hons.)

Submitted to:

Ms. Pooja Srivastava

Assistant Professor of Family Law,

Chanakya National Law University

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 INTRODUCTION
The Muslim Law of Succession is a combination of four sources i.e. the Holy Quran, Sunna
(practice of prophet), Ijma, (Consensus of the learned men of the community over the decision
over a particular subject matter), Qiya (deductions based on analogy on what is right and just in
accordance with good principles). Muslim law recognises two types of heirs, firstly, sharers, the
ones who are entitled to certain share in the deceased’s property and secondly, Residuaries, the
ones who would take up the share in the property that is left over after the sharers have taken
their part.

Under the Indian legislative scheme, the rules that govern inheritance under the Muslim law
depend on the kind of property involved. In cases of Non testamentary succcession, the Muslim
Personal Law (Shariat) Application Act, 1937 gets applied. On the other hand, in case of
a person who dies testate i.e. one who has created his will before death, the inheritance is
governed under the relevant Muslim Shariat Law as applicable to the Shias and the Sunnis. In
cases where the subject matter of property is an immovable property which is situated in the state
of West Bengal or comes within the jurisdiction of Madras or Bombay High Court, the Muslims
shall be bound by the Indian Succession Act, 1925. This exception is only for the purposes of
testamentary succession.

It is noteworthy that the Muslim law does not make any strict distinction between any two or
more type of properties such as movable and immovable, corporeal and incorporeal etc. Since
there is no such distinction between different kinds of properties, therefore, on the event of death
of a person, every such property which was within the ambit of ownership of the deceased
person shall become a subject matter of inheritance. The amount of property that shall become
the subject matter of inheritance and is made available to the legal heirs to inherit shall be
determined after making certain appropriations. Such appropriations may include expenses paid
in lieu of funeral, debts, legacies, wills etc. After making all these payments, the left over
property shall be termed as the inheritable property.

RESEARCH OBJECTIVE
The objective of this research is to know about the concept of succession under muslim law and
different types of inheritance under muslim law as well as the status of women in relation to
property rights under the muslim law and the grounds for disqualification.

RESEARCH METHODOLOGY

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For the purpose of research the researcher will rely on primary sources to look for information
relating to laws and statutes relating to ‘Rule of succession under Muslim law’. The researcher
has aimed at doctrinal research and tries to critically analyse and provide an unbiased account.
Researcher has used various books, journals and online websites for gathering required
information used in research.

TENTATIVE CHAPTERIZATION

1. Introduction

2. Types of heirs

3. Rights of females in inheritance of property

4. Grounds for disqualification

5. Difference between rights of male and female

6. Conclusion

7. Bibliography