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ALLIANCE SCHOOL OF LAW

PROJECT TOPIC :- PROPERTY RIGHTS OF A MUSLIM

PERSON IN RESPECT TO SELF AQUIRE AND ANCESTRAL
PROPERTY.

SUBMITTED TO :- PROF. ASHA PURNA MAAM

SUBMITTED BY :- MOID UR RAHMAN
SONU GUPTA
RITIK RAVI SHARMA

REG. NO. : 17040142002

17040142004
17040142049

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Contents
INTRODUCTION ....................................................................................................................................... 3
RESEARCH QUESTION ............................................................................................................................. 4
HYPOTHESIS ............................................................................................................................................ 4
RECENT DEVELOPMENTS ........................................................................................................................ 4
GENERAL RULES TO INHERITANCE ...................................................................................................... 5
TYPES OF HEIRS AND THEIR various SHARES ...................................................................................... 7
Dhaw-u'l-Fara'id:-................................................................................................................................ 7
Asabat:- ............................................................................................................................................... 8
Dhaw-u’l-Arham:-................................................................................................................................ 9
DOCTRINE OF AUL ............................................................................................................................. 13
DOCTRINE OF RADD .......................................................................................................................... 13
WOMEN AND INHERITANCE ............................................................................................................. 13
CASE LAW .......................................................................................................................................... 14
DISTINCTION BETWEEN SUNNI AND Shia LAW OF INHERITANCE .................................................... 14
LITRATURE REVIEW ....................................................................................................................... 16
METHADOLOGY............................................................................................................................. 16
CONCLUSION ................................................................................................................................. 17
BIBLIOGRAPHY .............................................................................................................................. 18

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INTRODUCTION
Inheritance is that the entry of living persons into possession of dead persons ‘property and
exists in some type where the establishment of personal property is recognized because the
basis of the social and national economy. the types of inheritance and therefore the laws
governing it, however, take issue per the ideals of various societies.
The law of inheritance in Islam relies upon 5 main issues. initial is to interrupt up the
concentration of wealth in people and unfold it go in society. Secondly, it's to respect the
ownership of possession of a personal earned through honest means that. It additionally
considers hammer within the consciousness of man the very fact that man isn't absolutely the
master of wealth he produces however he's its trustee and isn't, therefore, licensed to pass it
on to others as he likes. It additionally aims to consolidate the family system that is that the
organisation of associate monotheism society and to relinquish incentive to figure and
encourage economic activity as sanctioned by Islam.
Prior to Islam, and inside the Arabian Peninsula, the system of inheritance was confined to
male descendants. girls not solely failed to have any share of inheritance, however they
themselves were polygenic too. Siblings from the mother's aspect, like half-brothers or half-
sisters, were utterly excluded. different Semitic cultures additionally practiced heritage,
underneath that all property visited the eldest youngster.
The Qur'an introduced variety of various rights and restrictions on matters of inheritance,
together with general enhancements to the treatment of ladies and family life. The Qur'an
additionally bestowed efforts to mend the laws of inheritance, and therefore forming an entire
system. This development was in distinction to pre-Islamic societies wherever rules of
inheritance varied significantly. moreover, the Qur'an introduced further heirs that weren't
entitled inheritance in pre-Islamic times, mentioning 9 relatives specifically of that six were
feminine and 3 were male. The laws of inheritance within the Qur'an additionally enclosed
different male relatives, just like the husband and half-brothers from the mother’s aspect, that
were excluded from inheritance in previous customs. In general, the Qur'an improved the
standing of ladies by distinguishing their share of inheritance in clear terms. It additionally
utterly forbade the apply of heritable widows. Joseph Schacht states that "this isn't meant as a
daily legal ordinance, however, is an element of the Qur'anic endeavour to enhance the
position of ladies.” The Qur'an doesn't expressly mention the shares of male relatives, like the
decedent's son, however, provides the rule that the son's share should be double that of the
daughters. Muslim theologians justify this side of inheritance by viewing law in its totality,
that bestows the responsibility and responsibility on men to produce safety, protection and
sustenance to girls.
In addition to the higher than changes, the Qur'an grants instrument powers to Muslims in
disposing their property, in their can, known as “waṣeyya”; Muslims can surrender out a most
of 1/3 of their property. Muslims are inspired to present to administer to allow to convey to
grant to relinquish cash to the orphans and poor if they're present throughout the division of
property.

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RESEARCH QUESTION
1. Is there any concept of self-acquire property and ancestral property in Muslim law?
2. Can a wife who attempts to kill her husband inherit?

HYPOTHESIS

Under Muslim law, the concept of ancestral and self-acquired property is not recognised. If
the person is alive, the property owned by him is his absolute property and no right of any
legal heirs accrues until his death. Upon his demise, the legal heirs become entitled to a
definite fraction of the estate of the deceased. Under Muslim law, distribution of property can
be made in two ways, i.e. per capita or per strip distribution for sunnis and shias respectively.

RECENT DEVELOPMENTS
The Qur'an contains solely 3 verses that provide specific details of inheritance and shares,
additionally to few verses coping with instrument power. it's additionally been according in
Hadith that Muhammad assigned nice importance to the laws of inheritance and ordered his
followers to be told and teach them. Muslim jurists used these verses as a place to begin to
expound the laws of inheritance even more exploitation Hadith, likewise as ways of legal
reasoning, like Qiyas. In later periods, massive volumes of labour are written on the topic.
This uniting of previous agnate customs and law diode to variety of issues and controversies
that Muslim jurists have solved with nice ingenuity. Through the employment of deduction,
Muslim jurists extra 3 further heirs: the paternal granddad, maternal granny, and agnate
grandchild. These heirs, if entitled to inherit, are given their mounted shares and therefore the
remaining estate is inheritable by the Residuary. In some cases, they need additionally
upheld the rule of men having double the share of ladies in circumstances not promptly
mentioned within the Qur’an and tried to contend with complicated cases in a very form of
completely different contexts.
This diode to some minor variations between jurisprudence faculties of the Sunni madhabs.
Also, the laws of inheritance for Twelver Shia, despite being supported an equivalent
principle, take issue in a very range of options because of the rejection of bound accounts of
Hadith and supported their understanding of bound events in early Islam. On the opposite
hand, the system of inheritance of the Kharajite Ibadis and Zaidis closely fit that of the Sunni
system. In fashionable Muslim countries, sometimes a combination of various faculties of
jurisprudence (including Shia) is in impact, additionally to variety of vital reforms to the
normal system. the most achievements of such fashionable systems were the codification of
inheritance laws.

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All the trendy writers have loved the Muslim system of inheritance for its utility and formal
excellence. Muslim law of inheritance relies on the foundations ordered down in Qur’an or
through the customs and usage rife among the Arabs. within the pre-Islamic world, the law of
inheritance had numerous evils in it. girls had been utterly denied the share of inheritance.
They were rather considered a part of the property of the deceased and, therefore, their right
to property by inheritance was out of question. In pre-Islamic Arabian Peninsula and different
countries wherever there had been social group societies not solely girls were bereft of the
correct of inheritance however even weak and sick persons and minor kids got no share in it,
because the common principle of inheritance was that he alone is entitled to inherit World
Health Organization wields the weapon system. Then in bound societies there had existed the
law of heritage and it exists even nowadays in several the supposed civilized components of
the planet that entitles solely the eldest son to inherit the entire of the father's property or to
urge the lion's share.
Islam introduced numerous reforms within the laws of inheritance for the betterment of
Muslim lives equally. It outlined and determined in clear-cut terms for the share of every
heritor and obligatory limits on the correct of the property-owner to eliminate his property per
his whim and desire. It created the feminine, World Health Organization had been antecedent
thought a personal property, the co-sharer with the male and therefore not solely fixed up her
dignity, however safeguarded her social and economic rights. Husband and adult female are
created heirs. folks and ascendants are given rights even once there's a male descendent. It
ordered the foundations for the break-up of the targeted wealth within the society and helped
in its correct and even-handed distribution amongst an outsized range of persons. It gave a
death-blow to the law of heritage and therefore provided the democratic basis for the division
of the property of the deceased.

GENERAL RULES TO INHERITANCE

WITH EXCLUSIONS
Inheritance is considered as associate integral a part of Muslim Law and its application in
monotheism society could be an obligatory. Muslims inherit from each other as explicit
within the Qur’an. Hence, there's a legal share for relatives of the descendants in his estate
and property. the key rules of inheritance are careful in Qur’an and Hadith.
Following are the key rules of the Muslim law of Inheritance:-
1. Once a Muslim die there are four duties which require to be performed, viz. Paying
ceremony and burial expenses, paying off the debts, execute the instrument can of the
deceased (which will solely be a most of 1 third of the property), and distribute the rest of
estate and property to the relatives of the deceased per Islamic law. once such expenses,
remaining property is considered for distribution. Such property includes movable likewise as
immobile properties. there's no distinction between Ancestral property and Self-acquired
property.
2. There's no right of inheritance gained by mere birth. Such right is a mere likelihood of
survivorship and therefore the property share. Illegitimate person doesn't inherit from father

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or son. Similarly, kid of a grass widow inherits from his mother and not from father. Such kid
additionally is treated on an equivalent footing of illegitimate person.
3. The assigned share of the property is assigned straightaway once the death of the
ascendant.
4. Just in case of death of heir on whom the share of property is already unconditional, such
share shall be passed on to his/her heir. However, if the ascendant (also known as prepositus)
is alive and any of his presumptive heirs die, then the share of such deceased heir won't be
passed on to his / her heirs. it might be still the property of the ascendant / soul, World Health
Organization is alive.
5. Missing heirs are given their various shares if they appear at the time of such distribution,
or else, they might be thought of dead.
6. A toddler in a very female internal reproductive organ is deemed to change state on the
date of conception and if born alive, such kid can get share or otherwise such share are
distributed among others.

There are exclusions to the rule of inheritance. it's known as rule of total and partial
exclusion. one and all is entitled to inherit underneath Muslim Law, unless there's one thing
to exclude him. There are 2 major exclusions, viz. Partial (also called imperfect) exclusions
and Total (also called perfect) exclusions. In law, solely relatives with a legitimate blood
relationship to the deceased are entitled to inherit. Thus, illegitimate kids and adopted kids
don't have any shares in inheritance. In general, a full brother can exclude a kin brother,
however not female internal reproductive organ brother. just in case wherever a deceased
man leaves a pregnant lady, the unborn child's share is reserved. additionally, a girl
throughout the time of waiting (iddat) once divorce is considered as an adult female of the
deceased for functions of inheritance. There are even more rules of exclusion and inclusion of
various relatives. the sole "practical situations" which can cause disqualification are
variations of faith and kill. however, faculties of monotheism jurisprudence differed whether
a Muslim will inherit from a non-Muslim or not. All the jurists agree that intentional or
insupportable killing would exclude an individual type inheritance. Four persons cannot get
inheritance:-
A fugitive slave World Health Organization has fled far from his master,
One World Health Organization has dead one’s forerunner advisedly or un-
intentionally,
One World Health Organization professes a faith aside from Islam,
One living in Dar-ul-Harb cannot inherit the property of 1 living in Dar-ul-Islam, and
the other way around.

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TYPES OF HEIRS AND THEIR various SHARES

The first step within the distribution of the estate of a deceased Mohammedan once payment
of his mentioned expenses is to allot the various shares to such of the relations as belong to
the categories of heirs. Hanifa Jurists have divided heirs into 7classes; three Principle and
four Subsidiary categories. in theory categories, there are Qur’anic heirs (also known as
Sharers), agnate heirs and female internal reproductive organ heirs. Subsidiary heirs are
Successor by contract, Acknowledged relative, Sole donee and therefore the state. There are
five primary heirs viz, Husband or adult female, son, daughter, father and mother. per Islam,
the heirs are divided into 3 categories.

Dhaw-u'l-Fara'id:-
This class is additionally called “Sharers”. These are those persons World Health
Organization have a right to definite shares in assets left by the deceased. These sharers are
twelve in range, together with four males (father, granddad, female internal reproductive
organ brothers and husband); and eight females (wife, single female offspring, son's female
offspring, mother, granny, full sister, kin sister, female internal reproductive organ sister).
Father's share is simple fraction once the deceased leaves a son or a son's son, however if the
deceased isn't survived by a son or grandchild his father can, additionally to the present share
(one-sixth), additionally get a share of being 'Asaba.
The grandfather's share is like that of father's share however in 3 conditions:-According to
Muhammedan Bukhari and Muhammedan Muslim, the presence of father deprives even the
brothers of their share within the inheritance. however, this is often not the case with the
granddad. Muhammedan Abu Hanifa is of the opinion that the presence of granddad deprives
the brother of his share within the inheritance.
If the daddy of the deceased is alive, then the share of the mother is of what's left from the
share of the adult female of the deceased. The presence of granddad doesn't cut back the
share of the mother of the deceased. The granny of the deceased has no share within the
presence of the daddy of the deceased however she includes a share within the presence of
the granddad.
The third set of sharers is female internal reproductive organ brothers and sisters. they're
entitled to simple fraction if their range is one, and tierce if they're over one.
The husband's share is common fraction of the property of the deceased adult female if she
has no kids, however just in case of youngsters it's common fraction. The adult female is
entitled to common fraction if the husband dies childless; otherwise it's simple fraction.
Real daughter: common fraction once alone, and simple fraction if over one. If the deceased
is survived by a youngster additionally, the daughters are then treated as Asaba and therefore
the youngster would get double of what falls to the heap of daughters. The granddaughters
stand on an equivalent level as daughters. however just in case the deceased is survived by
one real female offspring and one or over one grandchild they might get simple fraction. The
grandchild isn't entitled to any share if the deceased is survived by a son, however if he's
survived by grandsons and granddaughters, they might be treated as 'Asaba and therefore the
male offspring would get double of what goes to the feminine offspring. Full sister gets

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common fraction if she is alone and simple fraction if they're over one. kin sister is entitled to
common fraction if one, and 2 thirds if a lot of.
Mother is entitled to simple fraction once she includes a kid or offspring, and just in case of
being unfruitful she gets tierce of the share. If the deceased is survived either by paternal
granny or maternal grand- mother or perhaps by each, they're entitled to simple fraction. The
granny (maternal) is bereft of her share if the mother of the deceased is alive; and if father is
alive the paternal granny is bereft of this share.

Asabat:-
This class is additionally called “Residuary”. once the heirs of the primary cluster have
received the various shares, the residue of the assets falls to the share of these relatives World
Health Organization are known as Asaba that, per the Shari'ah, implies those relatives in
whose line of relationship no feminine enters. this is often the second cluster of inheritors.
There is no mounted share of the 'Asabat. If the deceased isn't survived by any Dhaw-u'l-
Fara'id, the entire of the property falls to their share; and If Dhaw-u'I.Fara'id are there to urge
their due share, the residue are taken by the Asabat.
Son is that the initial asabat to urge the residue so as of succession. The daughters are entitled
to 1/2 the share as given to the son. The grandsons don't seem to be entitled to any share
within the presence of the son. If the son isn't living, then the grandchild is entitled to realize
share within the inheritance. If there's over one son, the inheritance is distributed equally
amongst them.
The father, granddad and therefore the great-grandfather are enclosed within the class of
Dhaw-u'l-Fara'id. If, however, the deceased isn't survived by class of a son, grandchild of
great-grandson, then the daddy can represent the class of 'Asaba, and, within the absence of
the daddy, the granddad assumes that position.
If the deceased isn't survived by son, or grandchild or father or granddad, i.e. none amongst the
'Asabat, then the brother, and within the absence of brother his son, and within the absence of son,
his grandchild are entitled to share within the inheritance as 'Asaba {and the and therefore the and
additionally the} feminine would also be a part of them in share claiming 1/2 the share as compared
with male.

If sadly the deceased is survived by none of the preceding relatives amongst the 'Asabat, then
kin brother are entitled to share within the inheritance, and he are most popular to full
brother's son. Then it comes the flip of full paternal uncle.

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Dhaw-u’l-Arham:-
The last class of inheritors is thought as “Distant-Kindred”, i.e. relations connected through
blood World Health Organization are neither sharers nor Residuary, like relations connected
through females, however it's in extraordinarily rare cases that they get any share within the
inheritance. the subsequent relatives come back underneath this class.
The son of the female offspring and female offspring of the female offspring.
The son of the female offspring of the son, and female offspring of the female
offspring of the son and their kids.
Maternal granddad, maternal granddad of the daddy, the granddad of the mother,
maternal granddad of the mother, the granny of the mother, the kids of the sisters, the sisters
of the daddy and people of the mother, etc.

SHARES OF HEIRS

Share
Heir Conditions Exclusion
One Two or more

When there is a
1/4 NA child or son’s NA
child
Husband
When there is
1/2 NA no child or son’s NA
child

When there is a
1/8 1/8 child or son’s NA
child
Wife
When no child
1/4 NA NA
or son’s child

When there is
1/6 NA NA
son or son’s son

When there are

Father one or more
Father is a
daughters, son’s
1/6 plus residue sharer and
daughters and
residuary
there is no son
nor son’s son

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When there is
Absence of any
Residue no child or son’s
child
child

When there is a
child or son’s Excluded by
1/6 NA child and no father or nearer
father or nearer true grandfather
true grandfather

True When there are

Grandfather Daughters or
1/6 plus residue NA
only son’s
daughters

When there is a
Converted by
Residue Wife or husband
father
and father

When there is a
child or son’s
child or two or
1/6 NA more brothers or NA
sisters or brother
or sister and
father

When there is
Mother
no child, nor
son’s child and
1/3 NA NA
not more than
one brother and
sister

When there is a
Converted by
1/3 plus residue wife or husband
father
and father

When no mother
Maternal Grand Mother, Paternal
or no nearer
Mother (How 1/6 NA True
Paternal
high so ever) Grandmother
grandmother

Mother,
When no mother Maternal or
Paternal Grand or no nearer Paternal
Mother (How 1/6 NA Maternal or grandmother or
High So ever) Paternal father or true
grandmother or grandfather

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father, or nearer
true grandfather

When there is
½ 2/3 NA
no son
Daughter
Converted by
Residue son or two or
more sons

Excluded by son
or son’s son of
higher grade, or
two or more
When there is
daughters or two
no son or son’s
or more son’s
son or one or
1/2 2/3 daughters of
more daughters
higher grade, or
or higher son’s
one daughter
daughter
with two or
more son’s
daughters or
higher grade

Excluded by son
or son’s son of
Son’s Daughter
higher grade, or
two or more
When there is
daughters or two
no son or son’s
or more son’s
son or one or
1/6 NA daughters of
more daughters
higher grade, or
or higher son’s
one daughter
daughter
with two or
more son’s
daughters or
higher grade

Converted by
son’s son of
Residue
equal or even
lower grade

Excluded by
Son or son’s so,
When no child
father or true
Full Sister 1/2 2/3 or son’s child or
grandfather,
father or brother
daughter or
son’s daughter

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Converted due
to full brother or
Residue daughters or
son’s daughters,
full sisters

When no child Excluded by

or Son’s child ( Son, Father, or
How Low So True
½ 2/3
ever), or father Grandfather, or
or brother or full full brother or
sister full sister

Excluded by one
Consanguine or more
Sister When one full daughters or
1/6 NA
sister only son’s daughters
or by two or
more full sisters

Converted in to
Residuary by
Residue
consanguine
brother

Excluded by
Son or Son’s
Son, father or
Uterine Brother ½ 1/3
true grandfather
or daughter or
son’s daughter

Excluded by
Son or Son’s
when no child or
Son, father or
Uterine Sister 1/6 NA (How Low So
true grandfather
ever) son’s child
or daughter or
son’s daughter

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DOCTRINE OF AUL
It means that the ism of decrease. In bound circumstances of allotment of share, it should
be followed that the whole of the share exceeds unity. Then the fraction assigned to every
heir can need to be reduced ratably. This ism refers to the method of reducing the share
proportionately.
This ism is recognized by Hanifa law and not by Shia Law.

DOCTRINE OF RADD
It means that the ism of come back. In some circumstances, the whole of the fractions is also but
unity. There might not be any heir happiness to the residuary to require the residue. In such cases,
the residue is came back to the partaker in proportion to their share. this is often known as ism of
Radd.

WOMEN AND INHERITANCE

In Islam, girls are entitled the correct of Inheritance. normally circumstances, although not
all, Islam allots girls the share of inheritance on the market to men World Health
Organization have an equivalent degree of relevancy the somebody. For example: - wherever
the somebody has each male and feminine kids, a son's share is double that of a daughter. in
addition, the sister of an unfruitful man inherits 1/2 his property upon his death, whereas a
brother of an unfruitful lady inherits all her property. However, this principle isn't universally
applicable, and there are different circumstances wherever girls would possibly receive equal
shares to men. For example:-the share of the mother and father of an unfruitful somebody.
additionally, the share of a female internal reproductive organ brother is up to the share of a
female internal reproductive organ sister, as do the shares of their descendants.
Sometimes lady gets double share then share of man, for instance if there are solely folks and
husband, husband can receive father gets 1/6 and mother gets 2/6. additionally, the Qur'an
doesn't discriminate between men and girls in cases of kalalah relation. Kalalah describes an
individual World Health Organization leaves behind neither folks nor children; it additionally
means that all the relatives of a deceased except his folks and youngsters, and it additionally
denotes the relationships that don't seem to be through [the deceased’s] folks or kids.
monotheism students hold that the initial reason for these variations is that the responsibilities
assigned to spouses. A husband in Islam should use his inheritance to support his family
whereas an adult female has no support obligations. in addition, Arab society historically
practiced the custom of gift or dower instead of dowry; i.e., the person paid a present to his
adult female or her family upon wedding, instead of the alternative, putting a monetary
burden on men wherever none existed on girls. this tradition received monotheism sanction.

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CASE LAW
In HAKIM REHMAN VS. MOHAMMAD HASSAN 1AIR 1995 Pat 559
It was held that upon the death of a mohammedan, the whole estate devolves upon his heirs
now of his death and the heirs succeed to the specific share.

In SHUKURLLAH VS ZOHRA BIBI AIR 1993 MP ALL 5122

It was held that each heir of the mohammedan is liable for the death of the deceased to the
extent only of a share of the debt proportionate to his share of the estate.

DISTINCTION BETWEEN SUNNI AND Shia LAW OF

INHERITANCE

Sr.
SUNNI LAW SHIA LAW
No.

Priority of agnates over Deny any priority to agnates

1.
cognates. over cognates.

Give importance and

2. preference to full blood over Treat all equally.
half blood.

Disregard the details of Sunni

Give importance to the system which rests on the
3. decisions of the three Caliphs- decisions of the three
Abu Bakr, Umar and Usman. Caliphs-Abu Bakr, Umar and
Usman.

Interpret Qur’an as altering

Interpret Qur’an strictly, the old principles themselves
4.
keeping rules intact. and giving rise to new set of
principles.

Preference to male over

5. Both are on equal footing.
female.

1
https://www.legalbites.in/muslim-law-inheritance/
2
https://indiankanoon.org/doc/736720/

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The classification becomes

Follow strict classification of
6. important only in cases of
heirs given in Qur’an.
quantum of shares.

Method of interpreting Qur’an Method of interpreting Qur’an

7.
is literal. is characteristic.

Distant Kindred are postponed

Distant Kindred inherit along
8. in favor of sharers and
with sharers and Residuaries.
Residuaries.

Doctrine of Aul operates

Doctrine of Aul is applicable to
9. against daughter and sister
all sharers alike.
only.

Doctrine of Radd does not

apply to wife and husband in Except India, Doctrine of
10. presence of any other heirs. Radd is not applicable to wife
However, in absence of under any circumstances.
sharers, both get by return.

Principle “nearer in degree

Principle” nearer in degree
excludes more remote”
11. excludes remote” applicable
applicable to only agnatic
to all, without distinction.
heirs.

Observe such distinction in

case of Childless widow who
No distinction between real
12. is not allowed to take
and personal property.
husband’s immovable
property.

Recognize right of eldest son

Do not recognize right of elder
up to deceased father’s
13. son getting preference over
sword, wearing apparel and
younger ones.
Qur’an.

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LITRATURE REVIEW

CASE LAW

RUKMANI BIA VS. BISMILLAVAI AIR 1993 MP 45

In these cases, a person converted to Islam dies living behind his daughter only and no
residuary, shall be entitle to her share as well as residuary share in the property of
deceased.
In this case the judge gave a very good decision because the deceased was having only one
daughter and no other hires so the whole property of deceased fall to his daughter.
I have referred few book and online source altogether for the research work.

A book on MUSLIM LAW by Mulla. I have been referring to for my paper for the topic of
PROPERTY RIGHTS OF A MUSLIM PERSON IN RESPECT TO SELF AQUIRE AND
ANCESTRAL PROPERTY. think the language of the book is easy and therefore made by
understanding easy and easier for reference. It also has a good case law and explanation.

Another book on family law by G.C.V. Subba Rao., it was also a good book for
reference.

METHADOLOGY
The format is OSCOLA provided by the university. The research paper is based on the
secondary data like online sources , articles etc.

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CONCLUSION

The law of succession in Asian country falls inside the realm of non-public law. because of
this, we've numerous completely different succession laws, every purporting to replicate the
varied and differing aspirations, customs, and mores of the community to that the statute in
question applies. the first supply of the Muslim law of succession flows from the Holy al-
Qur'an. additionally, the Ijmas, the Sunnas, and therefore the Qiyas, from all that rules
touching on succession will be gleaned.
The Muslim law of inheritance could be a construction made on the inspiration of pre-Islamic
customary law of succession. The divine justness and equitability of the monotheism laws of
inheritance are properly appreciated by several non-Muslim students like faculty member
Almaric Rumsey (1825-1899) of King's faculty, London, the author of the many works on the
topic of the Muslim law of inheritance and a barrister-at-law, World Health Organization
explicit that the Muslim law of inheritance, "comprises beyond any doubt the foremost
refined and elaborate system of rules for the devolution of property that's acknowledged to
the civilized world.
To understand the monotheism laws of inheritance as an entire it's necessary to think about
the system of inheritance that operated inside the Arabian Peninsula, before the revelation of
the Quranic injunctions on inheritance. though we tend to don't have the precise details of the
system that operated before the Quranic revelations we tend to do understand that the system
of inheritance was confined to the male agnate relatives ("asaba") of the deceased. during this
previous customary system solely the male agnates (asaba) were entitled to inherit. Amongst
the male agnates there have been rules of priority, that determined that of the extant male
agnates were entitled to inherit. it's seemingly that the foundations of priority that operate
amongst the asaba in law are a carry-over of the previous customary agnate system. In law
the son takes priority over the daddy World Health Organization successively takes priority
over the brothers World Health Organization successively take priority over the paternal
uncles.
As we tend to shall see the religious text doesn't expressly state the share of the male agnate
relatives intrinsically, though it will enact that the share of the male is double that of a
feminine. The Sunni jurists take the read that the intention of the Quranic injunctions wasn't
to utterly replace the previous customary agnate system entirely however just to switch it
with the target of rising the position of feminine relatives. The Sunni law of inheritance is SO
associate uniting of the Quranic law superimposed upon the previous customary law to make
an entire and cohesive system.

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BIBLIOGRAPHY
Though primary supply would be Qur’an, following books are referred for higher
understanding
1. FAMILY LAW by G.C.V. Subba Rao.
2. PRINCIPLES OF MOHAMMEDAN LAW by Mulla.
3. MOHAMMEDAN LAW by Tahir Mahmood.
4. www.wikipidia.com

5. www.legalbites.com

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