Rules of Inheritance - Intestate Succesion - Muslim Law

Introduction

This tutorial provides a comprehensive overview of the rules of inheritance under Muslim law, specifically focusing on intestate succession. Understanding these rules is crucial for anyone studying law or involved in estate planning, as they govern how a deceased person's estate is distributed when there is no will.

Step 1: Understand Intestate Succession

Intestate succession occurs when a person dies without leaving a valid will. Under Muslim law, the distribution of the estate is determined by a set of rules that prioritize certain relatives.

• Key Principles:
  • The estate is distributed according to the Quran and Hadith.
  • Shares are allocated based on the degree of relationship to the deceased.

Step 2: Identify Heirs

Recognize the primary heirs entitled to inherit under Muslim law. They can be categorized as:

• Sharers: These heirs receive a fixed share of the estate. Examples include:

  • Spouse
  • Parents
  • Children

• Residuaries: These heirs inherit what remains after the sharers have received their shares.

• Distant Kindred: These may inherit if there are no closer relatives.

Step 3: Apply the Doctrine of Aul

The doctrine of aul is applied when the shares of the heirs exceed the total estate. This situation requires adjusting the shares proportionately.

• How it Works:
  • Calculate total shares.
  • Reduce each heir's share to ensure the total does not exceed the estate.

Step 4: Implement the Doctrine of Radd

The doctrine of radd applies when there are heirs but no sharers. In this case, the entire estate goes to the closest relatives.

• Execution:
  • Identify all heirs.
  • Distribute the entire estate among them based on their relationship.

Step 5: Follow the Rule of Primogeniture

Under Muslim law, the rule of primogeniture is not strictly applied, meaning that inheritance does not favor the eldest son. All children, regardless of age, have equal rights to inherit.

Step 6: Understand the Rule of Exclusion

This rule states that if a person is disqualified from inheriting due to certain conditions (e.g., murder of the deceased), they will be excluded from receiving any part of the estate.

Step 7: Consider Disqualification from Inheritance

Certain circumstances can disqualify a person from inheriting:

• Murder: If an heir is responsible for the death of the deceased, they lose their right to inherit.
• Conversion to another faith: In some interpretations, heirs who convert away from Islam may be disqualified.

Conclusion

Understanding the rules of intestate succession under Muslim law is essential for effective estate management and planning. By familiarizing yourself with the concepts of sharers, residuaries, and various doctrines, you can ensure fair and lawful distribution of an estate. For further study, consider exploring topics such as testamentary succession and specific case laws related to inheritance.