School of Law

An
Assignment
On
Inheritance under Muslim Law

Submitted To: Submitted By:

Mrs. Navna Singh Riya Bhidasra
(Assistent Professor) Enrollment No.:
190277
BA 7 3rd Year

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 Acknowledgment
I would like to thank my Family law teacher Mrs Navna Singh for giving me this
opportunity. It has been a learned experience and I have attained a lot of knowledge on the
subject of my topic, for which I am immensely thankful.
I have had help from my teacher who not only told us how to do it but has given her time by
reading and telling us the mistakes made in our project. She has not only been helpful but has
provided a lot substantial as well.
I would like to thank my friend for their fruitful discussion on the topic which made the topic
a lot easier.

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INTRODUCTION

The Muslim law of succession and property derives itself from the religious texts sacred to
the particular religion namely, the four different Islam law sources and these create these
rights for both men and women under this law. This includes the Holy Quran, the Sunna,
which is additionally referred to as the practice which had been derived from the prophet
himself, the Ijma, which comprises of the collective consensus of all the learned men within
the community who preside over decisions regarding any specific aspect and so the Qiya
which is understood as a conclusive and scientific deduction of right from wrong as may be
deciphered from the principles provided by God as per the Muslim religion.

Moreover, under Muslim law, two typed of heirs are recognized, Sharers and Residuaries.
Sharers refers to the persons who have an entitlement towards certain property of the
deceased, while Residuaries are those individuals who shall be entitled to the property left
behind after the entitlement of property to the Sharers.

The Muslim Personal Law (Shariat) Application Act, 1937 is applicable in case of non-
testamentary succession only. And for testamentary succession, the Muslim Shariat Law is
applied, identical, as practised by the Sunni and Shia Muslims.

However, it is important to note that, testamentary succession for immovable property which
is located within the state of West Bengal or a property which falls within the jurisdiction of
the Bombay and Madras High Courts, the succession is conducted as per the Indian
Succession Act, 1925.

PROPERTY WHICH DIVULGES TO THE SHARERS

There are total 12 Sharers which comprises of the following:

1. Husband.
2. Wife.
3. Daughter.
4. Any daughter of a son (or son’s son or son’s son and so on).
5. Father.
6. Paternal Grandfather.
7. Mother.

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 8. Grandmother on the male line.
9. Full sister.
10. Consanguine sister.
11. Uterine sister.
12. Uterine brother.

 The share acquired by each respective sharer varies counting on specific conditions.
for instance, a wife is entitled to 1/4th of the share in a very situation wherein a pair
doesn't have any lineal descendants whereas in other instances the share is like one-
eighth. However, the husband (in the case of succession to the wife's estate) would be
entitled to amass half the share under a situation wherein there exist no lineal
descendants and one fourth of the share just in case they are doing. just in case of a
sole daughter, she would be entitled to half the share and under a situation wherein the
deceased has left behind over one daughter, then every daughter is entitled to jointly
acquire two-thirds of the share within the property.
 In situation where the deceased has left behind one daughter and one son, the
daughters would be treated as a residuary, and will acquire the residue left after the
sharer has acquired his share of the property. this is done to make sure that the son
shall always acquire double the property than that which matches to the daughter or
daughters.

Different kinds of Succession as per Muslim Law

 There are two ways in which succession occurs under any law for any estate or
property. Namely testamentary succession and non-testamentary succession.

 In case of non-testamentary succession, the Muslim Personal Law (Shariat)

Application Act, 1937 shall be applicable. However, if a person dies after creating a
legitimate will, then the inheritance under this case shall be governed according to the
relevant Muslim Shariat Law as applicable to both Shias and Sunnis.

 If the subject matter in question is of immovable property located within the states of
West Bengal, Chennai and Bombay, the Muslims shall be bound under the Indian

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 Succession Act, 1925. However, this exception exists only in case of testamentary
succession.

 Other rights conferred under Muslim Law depending on position and relationship
with the deceased has been explained further:

1. Divulging Property as per the birth right: Under Muslim law, inheritance of
property occurs only after the death of an individual. Implying that no person
under the Muslim law acquires any property in his or her name upon their
birth.

2. Actual Property Distribution: There are two ways to divide the property
under Muslim law, namely, Per Capita distribution or Per Strip distribution.
Sunni law primarily uses the Per Capita distribution method, as per this, the
estate which has been left behind by the deceased gets distributed equally
amongst all the heirs. Thus, the share of each individual person depends upon
the total number of heirs. However, under the Per Strip distribution method
recognised under Shia law, the property gets distributed amongst the heirs
according to the strip to which they belong. Therefore, the totality of the
inheritance acquired by the individual completely depends upon the branch
along with the total number of persons who belong to that branch.

Females and their Right to Succession under Muslim Law

Under Muslim law there's no difference between the rights of men and ladies. Upon
the death of ancestor, there's no impediment which could prevent either the girl or
the boy to become the legal heirs of inheritable property. However, it's noticed that
when it involves the share of property or the quantum of the share, the females
usually receive half that of the male heirs. The reasoning provided behind this can
be, under the Muslim law a female shall upon marriage receive the mehr and
maintenance from her husband whereas males only have the property of the ancestors
for inheritance purposes. Also, males have the duty to maintain their wife and
youngsters and thus acquires bigger share than the females.

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The Rights of Widow under Muslim Law

The Muslim Law also includes the rights of succession to widow. A childless Muslim
widow is entitled to one-fourth of the property of her deceased husband, after meeting his
funeral and legal expenses. However, a widow who has children or grandchildren is entitled
to one-eighth of the property of the deceased husband. If Muslim man marries during an
illness and subsequently dies of the said medical condition with no brief recovery period or
without consummating the marriage, his widow has no right of inheritance whatsoever.
However, just just in case her ailing husband divorces her and in an exceedingly while dies
from that said illness, the widow's right to a share of inheritance continues until she
remarries.

The right of a in the womb over the property:

The right of a child in the womb Rights of the child in the womb of after die the
propafternoon acquire his right of inheritance as long as the child is born alive.

CONCLUSION

The Holy Quran states: Allah has purchased from believers their persons and their wealth in
lieu of Jannah. Man can be a trustee of the wealth that he owns for the duration of his life.
When the term of his life ends, his trustees.The law of inheritance has its principal derived
from four principal sources of shariah. Property as under law, Shafie law, Hanabali law and
Maliki law. There don't seem to be any provisions regarding birthright as related to properties
in Hindu law no individual enjoy the proper of any property at birth. Only during death of
somebody transfer his self acquired property and his own ancestral property to the subsequent
in line successors.