Shia law of succession pdf

In comparison with sunni law, female children and their descendants are highly favoured in shia law. The question of succession to muhammad, the nature of the imamate, the status of the twelfth shia imam, and other areas in which shia islam differ from sunni islam have been criticized by sunni scholars, even though there is no disagreement. Muslims is governed by the relevant muslim shariat law as applicable to the. Bequests by way of will wasiyya are recognized in both sunni and shia law but only up to a maximum of onethird of the estate. The muslim law of succession is a codification of the four sources of islamic law, which are 1 the holy koran, 2 the sunna that is, the practice of the prophet, 3 the ijma that is, the consensus of the learned men of the community on what should be the decision on a particular point, and 4 the. Description of the course the course, hence its name, is a study of primarily how the ethiopian law of successions regulates the devolution of the succession of a person.

An introduction to shia law applicable in south asia, modern asian studies, forthcoming. Inheritance according to islamic sharia law mawarith an islamic inheritance calculation program quran 4. Owing to the fact that sunnis are in majority in pakistan, their. Salient features of shia scheme of inheritance similar to sunni law, shia law recognizes sharers and residuaries there are 9 sharers in shia law. Pdf succession under muslim law saleem marsoof academia. A comparative analysis 73 we will observe the same kind of difference in outcome if a deceased leaves behind a daughter and a grandson. It is governed by the hindu succession act of 1956, it is a codified law passed by the parliament of india related to the intestate unwilled property, to amend and regulate the intestate and testamentary succession under the hindu law but in. Capacity of women only in hanafi and shia law, has an adult woman the legal. With reference to christian law, a part of the indian succession act, 1925 relating to law of wills and the christian law of inheritance are given in separate chapters. A portion of the law pertaining to sexual relations between husband and wife has made international headlines.

The impact of the section 4 of the muslim family law ordinance,1961 upon shariah laws of inheritance is to be analyzed properly. Capacity of women only in hanafi and shia law, has an adult woman the legal capacity to contract her own marriage guardian must conclude the contract on her behalf and any marriage contract without his intervention, in person or through his agent, is a complete. Concept of will under muslim law legal service india. Ashari intestate succession with confidence and accuracy. Although the distribution of inheritance is an important topic for every one of us but books on this subject are scarcely found. The question around which the case hinged was over which law of succession was to prevail, the shia or sunni, as the moot point of the case had two different answers depending on which law was applied. In louisiana, probate law is called succession law. This chapter outline discusses louisiana succession law and procedures for intestate and testate successions. Muslim law, it will introduce some aspects of islamic law pertaining to substantive areas, like constitutional, commercial, international, and criminal laws. As per shia law, heirs are divided into two groups. It further provides that the district judge may on a petition made by a muslim married woman, dissolve a marriage on any ground recognised. Testamentary succession in accordance with a will which the testator regulates the succession.

As is well known, the islamic system of inheritance holds pride of place in. The ithna ashari law of intestate succession cambridge university. Owing to the fact that sunnis are in majority in pakistan, their law of inheritance is relatively well. A childless muslim widow is entitled to onefourth of the property of the deceased husband, after meeting his funeral and legal expenses and debts. Inheritance of property in muslim law comes only after the death of a person, any child born into a muslim family does not get. However, a widow who has children or grandchildren is entitled to oneeighth of the deceased husbands property. It is derived from the religious precepts of islam, particularly the quran and the hadith. Intestate succession through the operation of the law of intestate succession, where the deceased did not leave a will estate is intestate and is governed by the laws of intestate succession. Islam has given guidance to us in all aspects of life including the law of succession so that each eligible person gets the due share. Sunni and shia laws of inheritance are different in their foundational structure as well as detailed implications, though the both are inspired from the quranic verses of inheritance. Inheritance under shia law in pakistan the legal brief. Undoubtedly,section 4 is one of the most reformations done in the area of the islamic law of succession. This article entitled succession under muslim law, which outlines the law relating to both testate and intestate succession applicable to the muslims of sri lanka, came out of an attempt made by its author, justice saleem marsoof, pc in the late.

First the hierarchy of heirs in shia law will be briefly introduced. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life. The kenya law of succession prescribes the rules which determine what ought to happen to a persons estate after his or her death. Similar to descendants of son and daughter, sunni law divides descendants of brothers and sisters into the residuaries and distant kindred respectively, while shia. Pdf sunni and shia laws of inheritance are different in their foundational structure as well as detailed implications, though the both are. Both these laws of succession form part of the common law of india and are recognized as having the force of law by virtue of the shariat laws application act. The paper does not explain sunni law of inheritance in detail and assumes that the reader would be conversant with it. Muslim testamentary succession is entirely governed. A significant minority of muslims in the subcontinent are ithna ashari shias. Shia law of inheritance divides legal heirs into three 3 divisions, that is, group 1 parents, children and their lineal descendants, group 2 grandparents and siblings, and, group 3 paternal and maternal uncles and aunts of the.

The law on testate succession is governed by the indian succession act, 1925 for all communities except muslims. Learn study the knowledge of succession and teach it because i shall be taken. Hindu law and muslim personal laws difference under the. W to the extent that the law of inheritance is said to constitute. It is also reported by ibn masud that the prophet has said. Sources of louisiana probate or succession laws louisiana. Islamic law of inheritance, mohammaden law of succession, inheritance among muslims, muslim law of inheritance in india, pakistan, bangladesh, muslim family. If there are only daughters, two or more, their share is twothirds of the inheritance. W to the extent that the law of inheritance is said to constitute half the sum of ilm knowledge.

This slide show would help assist those who are interested to learn the basics of sunni law of inheritance. The mahomaden law the law is divided into two 2 branches. Carroll, lucy, the ithna ashari law of intestate succession. Indian legal system civil laws family laws muhammadan law schools of muhammadan law sunni and shia are the two main sects in islam. Join thousands of satisfied visitors who discovered what is muslim sharia law and family law court. C judge of the supreme court of sri lanka i introduction succession in muslim law may be 1. Persons capable of making wills and freedom of testation. It is also referred to as the law of inheritance i. Meaning, kinds and the applicable laws in india the law of succession is the law governing the transmission of property vested in a person at the time of hisher 1 death to some other person or persons. The rules of succession identify the beneficiaries entitled to succeed to the deceaseds. Furthermore, in traditional sunni law, no bequest may be made to an existing heir.

An introduction to shia law applicable in south asia volume 19 issue 1 lucy carroll skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. The shia personal status law, also known as the shia family law, is a law of afghanistan that was approved in february 2009 with afghan president hamid karzais signature. The will of a person committing suicide is valid in sunni law. Sunnis and shiites share most basic religious tenets. Owing to the fact that sunnis are in majority in pakistan, their law of inheritance is relatively well appreciated by lawyers and students of law. The islamic law of inheritance is a combination of the preislamic customs and the rules introduced by the prophet. This property can be movable or immovable and ancestral or selfacquired. Under muslim law, no widow is excluded from the succession. An introduction dr shahbaz ahmad cheema university law college university of the punjab, lahore.

The shia law of succession, as table i indicates, embodies a preference for proximity to the propositus as the basis ofheirship, while the sunni law of succession reflects a bias in favour of the male agnatic heir. This rule does not apply to shia law and the shia rule has now been adopted by legislation in egypt. Shiite populations constitute a majority in iran, iraq, bahrain, and azerbaijan. A minority known as ibadi, who are neither sunnis nor shias are prevalent in some parts of the arabian subcontinent. While explaining the salient features of shia law, it compares them with corresponding features of sunni law. The terms succession and estate are often used interchangeably to refer to the property that the decedent owned at death. Criticism of twelver shia islam dates from the initial rift between the two primary denominations of islam, the sunni and the shia. There are also significant shiite populations in afghanistan, kuwait, lebanon, pakistan, saudi arabia, syria, and yemen. A simplified approach, modern asian studies, 17, 4 10 1983.

C judge of the supreme court of sri lanka i introduction succession in muslim law may be 1 testate or 2 intestate, depending on whether the deceased died leaving a valid last will or not. Sunni law fiqah hanafi and shia law fiqah jafariah. The law in relation to making of wills by muslims is governed by the relevant muslim shariat law as applicable to the shias and the sunnis. The hindu law is one of the most ancient and primitive laws that are still prevalent in todays era and also known to the world at large.

Key succession principles contd testamentary bequests of more than onethird are not void ab initio, but may be validated by the consent of the heirsat law, and such consent. An introduction dr shahbaz ahmad cheema university law college university of the punjab, lahore 2. In sunni law, the daughter will have half of the estate while the rest will be inherited by the grandson as a residuary. The united nations development fund for women, nato, canada, united states, germany and. In sunni law, the daughter will have half of the estate while the rest will be. Under muslim law the matters relating to wakfs, wills, gifts and preemption are given in separate chapters in addition to the sunni and shia law of inheritance. As far as muslims are concerned, the law of succession falls into two broad streams, the shia law of succession and the hanafi law of succession. Interfere of section 4 of muslim family law ordinance1961. Where the heirs refuse to give their consent, the bequest would be valid only to the extent of onethird of the property and the rest of the twothirds would go by intestate succession.