ABSTRACT

Inheritance law in Islamic jurisprudence, known as “ilm al-fara’id,” is a complex and deeply rooted aspect of Islamic legal tradition. Islamic inheritance law determines how assets and property are distributed upon a person’s death and is based primarily on the Quran, Hadith (the sayings of Prophet Muhammad), and centuries of scholarly interpretation. This abstract examines the fundamental principles of inheritance under Muslim law, focusing on the rules of succession, the distribution of property among heirs, and the theological foundations of the system. It covers important concepts including the notion of residuary (asabah), the difference between male and female heirs, and the prescribed shares (fara’id). Additionally, it explores the changes and challenges that arise today when applying Islamic inheritance law within various legal frameworks and social contexts.

INTRODUCTION

Inheritance distribution under Muslim law, also referred to as “Islamic inheritance” or “faraid,” is a fundamental tenet of Islamic jurisprudence that deals with the distribution of an individual’s property or assets after their death among heirs. This system, founded on the teachings of the Quran and interpreted by Islamic scholars through the centuries, is considered by them to be a divine mandate that ensures fairness, justice, and harmonious relations among family members in Muslim communities worldwide.

The principles of Islamic inheritance are primarily based on specific verses in the Holy Quran. These verses allocate specific shares for a range of categories, including spouses, children, parents, and other relatives. The shares are computed according to fixed fractions known as “fara’id,” which ensure that every heir receives a predetermined portion of the deceased’s estate. This system not only regulates the flow of wealth but also underscores the Islamic concern for the well-being of family members, protection of individual rights, and preservation of social harmony.

The inheritance laws differ among the various schools of Islamic jurisprudence, reflecting different interpretations and regional customs. Nevertheless, these core aims of equity and justice remain consistent, helping Muslims to fulfill God’s Will while navigating the complex legal landscape of inheritance.

Studying Islamic inheritance law provides deep insights into the general principles of Islamic law, family dynamics, and socio-economic considerations within a Muslim society. Despite societal changes, these principles remain relevant in guiding contemporary discussions on legal reform, women’s rights, and cultural heritage.

INHERITANCE UNDER SUNNI LAW

Inheritance under Sunni Muslim law (Sharia) is governed by beliefs based on the Islamic legal framework derived from the Quran and Hadith (narratives of Prophet Muhammad’s sayings or practices). In Sunni Islam, the system of “Faraid” or “Fara’iz” prescribes fixed shares, serving as the institutional basis for inheritance law in Islamic society. These shares are meticulously divided to ensure fair distribution among classes of relatives. Daughters typically receive one-third of a son’s share, rather than double the proportion allocated to daughters (as they are traditionally expected to manage family and household duties).

Under Sunni law, primary heirs include children (and their descendants), spouses, parents, and siblings, each receiving a defined share of the estate. The structured nature of this system aims to preserve and protect the family unit, particularly the welfare of dependents, and functions as a form of social cohesion. Sunni law allows testamentary freedom up to one-third of the estate to be allocated to individuals who are not fixed heirs, provided this does not infringe upon the prescribed shares.

Disputes concerning inheritance are typically resolved in Islamic courts, which strive to administer Sharia principles consistently and fairly. This system upholds principles of equity and justice, forming an integral part of religious beliefs and societal values, and maintaining the cohesion and harmony of the ummah globally.

INHERITANCE UNDER SHIA LAW

In Shia Muslim law, the basic principles of inheritance are based on Shia jurisprudence, which interprets and applies Holy Quranic verses and Hadiths according to the methodology taught by the Twelve Imams. A key principle in Shia inheritance law is “Awl,” which means that the total shares assigned to all heirs cannot exceed the estate. Consequently, shares in Shia law differ from those in Sunni law, particularly concerning daughters and wives.

The primary heirs under Shia law include children, spouses, parents, and siblings, each receiving a specific share of the estate as outlined in Shia jurisprudence. While the overall framework for allocating inheritance shares is similar to Sunni law, Shia jurisprudence features distinct interpretations and allocations based on religious teachings.

Testamentary freedom exists in Shia law, allowing a testator to allocate up to one-third of the estate to individuals who are not fixed heirs, provided it does not encroach upon the shares designated for primary heirs. Inheritance disputes are resolved according to Shia principles, typically by religious scholars and authorities.

Overall, inheritance under Shia Muslim law reflects a careful application of Islamic doctrine to achieve fairness in family relationships and social equity. It serves not only to regulate property distribution but also to uphold religious and cultural values passed down through generations of Shia Muslims worldwide.

CLASS OF HEIRS UNDER MUSLIM LAW:

The heirs of a deceased Muslim fall into the following categories:

Sharers

Residuaries

Distant kindred relations

CLASS I HEIRS

There are 12 Sharers:

Husband

Wife

Daughter

Daughter of a son (or grandson, great-grandson, etc.)

Father

Paternal grandfather

Mother

Grandmother (paternal line)

Full Sister

Consanguine Sister

Uterine Sisters

Uterine Brothers

The share of each sharer varies under specific circumstances. For instance, a wife receives one-fourth of the estate if there are no lineal descendants, and one-eighth if there are. A husband receives half of the estate if there are no lineal descendants, and one-fourth otherwise. A sole daughter receives half the estate, while multiple daughters together receive two-thirds. If there are both sons and daughters, the daughters become residuaries, with the residue distributed so each son receives twice the share of each daughter.

CLASS II HEIRS

Quranic and general residuaries constitute Class II heirs. Quranic residuaries are those who, originally sharers, become residuaries under certain conditions or due to the presence of higher-degree heirs. This class includes:

Daughter

Son’s Daughter

Son’s Granddaughter

Full Sister

Consanguine Sister

CLASS III HEIRS

If no sharers or residuaries are present, the estate is devolved to distant kindred, which includes all blood relations not listed among sharers or residuaries. Distant kindred can be classified as descendants, ascendants, and collaterals, with relations of all degrees included.

Descendants: Children of daughters and sons, including all succeeding generations.

Ascendants: Grandparents and their ancestors, however distant.

Collaterals: Descendants of parents, including siblings’ children and their descendants, and extended family relations.

If there are no heirs under any of the three classes, the estate passes to the state by way of escheat.

PROCEDURE FOR INHERITANCE

Appointment of Executor/Administrator:

A deceased Muslim’s legal representative is appointed as an executor or administrator. The executor must be Muslim and is responsible for managing the estate.

Executor’s Responsibilities:

Gather the deceased’s assets.

Discharge debts and dues.

Pay legacies—specific gifts mentioned in a will.

Distribute the remaining assets among the heirs according to Islamic law.

Obtaining Probate/Letter of Administration:

If the deceased left a will, the executor must obtain probate from the court to confirm the will’s authenticity and their authority.

If the deceased did not leave a will, the executor must obtain a letter of administration from the court, granting legal authority to manage the estate.

The Executor as Trustee:

One-third of the estate is held by the executor as an active trustee, which can be disposed of according to Islamic law.

The remaining two-thirds are distributed according to the shares of the heirs.

Court’s Involvement:

The probate or letter of administration is presented to the court for validation.

If an executor fails to apply for probate, the court may appoint another person as an administrator with a copy of the will.

The court may also grant letters of administration to any heir, legatee, or creditor if deemed appropriate.

Remedy under the Court of Law for Interested Parties:

Any person with an interest in the deceased’s estate may file a suit in court for administration. This legal process ensures debts and liabilities are settled, and assets are distributed according to the proper rules of descent.

This structured approach ensures the estate of a deceased Muslim, whether testate or intestate, is administered in accordance with Islamic law and the Indian Succession Act of 1925.

CONCLUSION

In conclusion, the inheritance distribution system under Muslim law embodies principles of equity and familial duty. It serves as a crucial mechanism for ensuring fair asset allocation among heirs, guided by Quranic injunctions and scholarly interpretations. This system not only addresses legal aspects but also emphasizes maintaining family harmony and social justice. By prioritizing the rights of heirs based on prescribed shares, it aims to uphold individual entitlements while honoring the deceased’s wishes. The framework is designed to promote stability within communities, reflecting Islamic values of stewardship and responsibility in managing inherited wealth. As societies evolve, interpretations of these laws may adapt to meet contemporary challenges, yet the fundamental principles of fairness and obligation remain central to inheritance practices under Muslim law.

Authored by: Chandana V Itagi

Author’s Bio: Ramaiah College of Law Bangalore