Inheritance laws for Muslims
The majority of civil cases are partition or distribution issues. These cases take substantially longer than typical to resolve. However, if there was a clear understanding of inheritance law, these cases may not have been filed. Today, the reader will learn about Muslim Inheritance, also known as Faraiz Law. The Qur’an contains a full description of this. Faraiz law was later enhanced by Hadith and Ijma.
Immediately upon a Muslim’s death, a part of the heirs was established in his property. The heirs of the main class are separated into three categories.i). Partner,ii). Survivors; iii). Distant relatives.
The twelve Qur’anic partners are specified. Four of these are men, and eight are women. Men are fathers, husbands, and half brothers. The eight women include the mother, father, mother’s mother, wife, daughter, son’s daughter, sister, step-sister, and step-sister. This time, the father, husband, mother, daughter, and wife will not be excluded from inheritance among such Qur’anic partners. Others may be deprived in certain conditions.
Close relatives having a blood link to the deceased shall receive the remainder in the sequence in which the Qur’anic partners’ portions were distributed. These are known as leftovers.
Other relatives of the deceased, outside the Qur’an partner and the surviving, are referred to as distant relatives. If there is no Qur’anic companion or remnant, they receive the property.
Now we’ll look at the specifics of these partners’ roles.
1) Husband:
The husband will receive a quarter portion of the deceased wife’s property as the son or son-in-law.
However, in the absence of the son or his descending son, the husband will receive a half portion of the deceased wife’s property.
2) Wife:
If there is a son or a descendant of the son, the wife receives one-sixth of the deceased husband’s property.
However, if there is no one, the wife will receive a quarter share. If more than one woman is present, they will all receive a 1/4 portion.
3) Father:
The father’s part of the deceased son’s property can be adjusted in three ways, but the father will not lose the property. If the son or son of the descending son is present, the father will receive a one-sixth portion of the deceased’s property. However, in the case of a daughter or simply a son’s daughter (if there is no son or descending son), the father will receive a 1/6 share as a partner.
If the deceased does not have a kid or a descendant of his son, the father will receive the remaining share once the remaining partners have been distributed.
4) The father of the father or his descendants:
In this case, the general formula of Muslim inheritance law should be stated first: the present distant heir of the nearest heir is deprived of property (if the father or the father of the nearest father is present, the father receives no share). His position in this case is identical to that of his father. In the case of the father, he shifts position under the same conditions that the portion does.
5) Daughter:
If there is no son, only the daughter will receive half of the deceased’s property, and if there are multiple daughters, they will all receive two-thirds.
However, if the son and daughter are present together, they will get the remaining property in a 2:1 ratio rather than as partners.
6) Daughter of the son / Daughter of the son of the son:
The Muslim Family Law Ordinance of 1961 modified the basic Muslim Hanafi law in this scenario. Section 4 of this Ordinance states that if a son or daughter dies before the distribution of the dead’s property, if he or she has a living child, he or she is entitled to the deceased father or mother’s part.
How much will the mother receive?
According to Muslim inheritance law, mothers can inherit property under three conditions. First, in the presence of the deceased child’s child or son, or in the presence of two or more siblings, the mother receives a one-sixth portion of the property.
However, in the absence of a kid or son, and if the deceased child’s siblings number less than one, the mother will receive one-third. In this instance, if the deceased child’s husband or wife is the heir, the mother will receive 1/3 of the surplus.
Your sister
If you only have one sister, you will receive half of the share, and if you have multiple sisters, you will receive two-thirds of the share. However, if your brother exists, you will receive the property at a 2:1 ratio as a joint shareholder with him.
However, in the presence of the deceased person’s son or son’s descendant, the father or father’s descendant, his sister is not entitled to the bequest. Even if one or more of the deceased’s children or sons are present, his sister is not eligible for inheritance.
Step-sister
A stepsister, like your sister, receives half of the share, whereas many stepsisters receive two-thirds of the share. However, if you just have one sister, you will only have one-sixth the number of stepsisters. If there is a stepbrother, he will receive the property at a 2:1 ratio as the remainder.
However, the step-sister will be disqualified if the deceased’s child or the son’s child, the father or his descendants, or more than one sister or brother are present.
Siblings
The opposite brother or sister is barred from the inheritance when the deceased’s child or son is present, as well as the father or grandpa. Furthermore, one sibling will receive a one-sixth part, while several siblings will receive an equal one-third portion.
Inheritance of survivors
They are second-class heirs. This class’s heirs inherit property only if there is no partner or if anything remains after the partners’ distribution. All of the survivors share the deceased’s ancestry. Male members fall into this category in their own way. For example, a son or grandson’s son, or a brother and stepsister.
Again, because of their link with male relatives, four women receive property equal to half of the males. A daughter, for example, obtains property with her son, a sister with her brother, or a half-sister with her half-brother, half as a shareholder, however in the absence of a male relative, they all acquire property jointly.
Distant relatives.
In the absence of the two preceding classes, distant relatives acquire property. The subclass’s number one member is the descendant of the deceased’s daughter, or the descendant of the son’s daughter. The second subclass includes the deceased’s forebears, such as unnatural grandparents, grandparents, and descendants. The third sub-category includes descendants of the deceased’s parents, such as siblings, daughters of siblings, and their offspring. The last category includes the descendants of the deceased grandparents and great-grandparents, such as the daughter of a cousin or their descendants, or the daughter of the father’s half-brother or their descendants.
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