General Principles of Inheritance under MUSLIM LAW .

Introduction

This tutorial provides an overview of the general principles of inheritance under Muslim law, as outlined in the video "General Principles of Inheritance under MUSLIM LAW" by Layman's Law Malayalam. Understanding these principles is essential for ensuring fair distribution of assets according to Islamic jurisprudence. This guide will break down key concepts and rules into actionable steps for better comprehension.

Step 1: Understand the Concept of Inheritance in Muslim Law

• Inheritance in Muslim law is governed by the Quran and Hadith.
• The principle of "faraid" determines the shares of heirs.
• Every individual has specific rights and obligations regarding inheritance.

Step 2: Identify the Types of Heirs

• Heirs are classified into two main categories:
  • Sharers: Those entitled to a fixed share (e.g., parents, spouses, children).
  • Residuaries: Those who inherit what remains after sharers have received their shares (e.g., brothers, sisters, grandparents).

Step 3: Determine the Shares of Each Heir

• Shares are calculated based on the relationship to the deceased:
  • Male heirs generally receive double the share of female heirs.
  • The Quran specifies exact shares for certain heirs, such as:
    • Spouse: 1/2 for a wife if no children, 1/4 if children are present.
    • Parents: Each parent receives 1/6 if there are children.
    • Children: Sons receive double the share of daughters, e.g., son = 2 parts, daughter = 1 part.

Step 4: Recognize the Concept of "Will" (Wasiyyah)

• A will can be made to allocate up to one-third of the estate to non-heirs.
• It is important to ensure the will does not infringe on the shares of obligatory heirs.
• The remaining two-thirds must be distributed according to the laws of inheritance.

Step 5: Understand Exclusions and Limitations

• Certain relationships may exclude individuals from inheriting:
  • Those who commit acts like murder against the deceased may be disqualified.
  • The principle of "remoteness" may apply, impacting distant relatives.

Step 6: Review Local Laws and Cultural Practices

• Inheritance laws may vary based on local regulations and cultural practices.
• It is advisable to consult with a legal expert familiar with both Muslim law and local laws for accurate guidance.

Conclusion

Understanding the principles of inheritance under Muslim law is crucial for ensuring fair distribution of assets. Key takeaways include recognizing the roles of sharers and residuaries, calculating shares based on relationships, and being mindful of wills and local legal nuances. For further exploration, consider seeking guidance from knowledgeable individuals in Islamic law or legal professionals for specific cases.