ISLAMIC LAW ON

SUCCESSION

DR. ABDULCADER M. AYO

Assistant Dean
King Faisal Center for Islamic Arabic and Asian Studies
 LEGAL BASIS
Islamic Inheritance Law is specifically
based on the Holy Qur‘an 4:11, 4:12.
 Cause of Ridu
Inheritance-related disputes are confined
to the families involved. There are, however,
instances when the domestic discord spills over
and becomes a full-blown ridu.
In the Pre-Islamic Period (Jahiliyya)
The exact details of the system of
inheritance that operated within the Islamic
Peninsula prior to the revelation of Qur‘anic
injunctions on inheritance are not known. In this
old customary system in pre-Islamic Arabia
(Jahiliyya), inheritance was governed by the
strong tradition among the Arabs that the right
to inheritance devolved only among male heirs
or agnates (Asabat). According to this tradition,
he alone who can bear arms and defend the
tribe in battles from its enemy has the right to
inherit.
 Woman was looked upon as a part of the
property of the deceased, and therefore, her right
to property by inheritance was out of the question.
Accordingly, in pre-Islamic Arabia, all female
relations as well as male minors, were excluded
from the right to succeed or inherit. The widows
were excluded because they were regarded as part
of the estate and as such, passed ordinarily into the
hands of their husbands as heirs; the daughters
were excluded because upon their marriage, they
ceased to be members of their natural families.
Finally, the male minors were excluded because
being as yet unable to bear arms, could not defend
the tribal property rights and privileges.
Inheritance-Related Practices in the Early Days of Islam: Under
the Leadership of the Messenger of God (s.a.w.)

These new social rules outlawed many

ancient tribal laws and corrected many social
and economic inequalities then prevalent. Thus,
based on the law on inheritance, females and
cognates were made coheirs of men; properties
are to be divided among heirs in accordance
with the law of justice and equality and on the
basis of responsibility.
Completing the Islamization of the Filipino Muslims through the
Muslim Code of the Philippines (P.D. 1083)
A total of 47 codified provisions in Islamic laws on
Inheritance can be found in Book III of Presidential Decree 1083.
These are from Article 89 to Article 136. The Islamic Rulings on
Islamic Inheritance Law for Filipino Muslims are considered a part
of the Islamic law because the said codified provisions of Muslim
Code were derived and based on the thirty-five verses (ayah) of
the Holy Qur‘an, referring to Mirath or its derivatives in one form
or the other, There are three (3) main verses in the Holy Qur‘an
giving specific details of inheritance shares (4:11-12, 4:176). At least
seven Ayah in the Holy Qur‘an (2:180-182, 2:240, 4:33, 5:106-107)
deal directly with testamentary disposition. Some of the Islamic
rulings are taken from Prophetic Traditions (Sunnah), qiyas, Ijma
and Ijtihad like that of Special Cases. The Muslim Code of the
Philippines drew also on these other recognized sources of law.
The Holy Qur‘an and Sunnah, however, remain the primary sources.
 In these days, with the making of the
Bangsamoro Homeland and its Bangsamoro Basic
Law ―at the cusp of the historic opportunity of
happening‖ at long last, as it awaits approval from
the Congress of the Philippines in specific to the
new President of the Philippines Rodrigo Duterte,
the laws by which the Filipino Muslims ought to live
by, and establish the long aspired for new order, in
particular, the Islamic law on Inheritance as
provided by the Muslim Code, which forms part of
the Bangsamoro Basic Law, should be securely in
place and prevail in their communities.
Thus, knowledge about the Islamic law on
Inheritance and analyzing the power of the Muslim
Code of the Philippines is not only desirable but
necessary.
 ELEMENTS OF SUCCESSION:

• Deceased person

• Estate of the decedent

• Surviving heirs
 DECEASED PERSON:

A) Natural death

B) Presumptive death
 ESTATE OF THE DECEDENT:

A) Tarika (Gross Estate)

b) Mirath (Net Estate)

 LIENS AND CHARGES ATTACHED TO THE ESTATE OF
THE DECEDENT:

1. UNDER ISLAMIC LAW:

a) Reasonable Funeral Expenses

b) Debts

c) 1/3 will

d) Distribution
2. UNDER THE CODE OF MUSLIM PERSONAL LAWS:

a) unpaid taxes

b) reasonable funeral expenses

c) the expenses for probate, administration and other judicial

expenses

d) the debts of the decedent

e) the legacies to the extent of the disposable one-third

f) the distribution of shares among heirs

g) unpaid dower
 SURVIVING HEIRS:

A) Testamentary Heirs
-Legatee
-Universal Legatee

B) Legal Heirs
 THE LEGAL HEIRS:
A) Sharers

B) Residuary

C) Distant kindred

D) Acknowledged kinsmen

E) Public Treasury (Baital Mal)

 THE SHARERS:

1. Husband 7. Daughter
2. Wife 8. Son’s dauhter
9. Germane sister
3. Father
10. Consanguine
4. Mother sister
5. Grandfather 11.Uterine sister
6. Grandmother 12.Uterine brother
 HUSBAND:

A) ½ - without the B) ¼ - with the

presence of child or presence of child or
children children
 WIFE:

A) ¼ - without the B) 1/8 –with the

presence of child or
presence of child or
children
children
 FATHER:
A) 1/6 – with the presence of son or son’s son
H= S + F
R + 1/6
H= SS + F
R + 1/6
B) 1/6 + R – without the presence of the son or son’s son
W= D + F
½ + (1/6+R)
W= SD + F
½ + (1/6+R)
C) Rf – Umariyyatan Case
W= H + M + F
½ + 1/3 Ri + Rf
H= W + M + F
¼ + 1/3 Ri +Rf
 MOTHER:
A)1/6 – with the presence of child or children or with two
or more brothers of sisters
W= H + F +M + S
¼ + 1/6 + 1/6 + R
W= H + F +M + D
¼ + (1/6+R) + 1/6 + ½

W= H + M + 2GB
½ + 1/6 + R
W= H + M + 2GS
½ + 1/6 + 2/3
W= H + M + GB + GS
½ + 1/6 + R
B) 1/3 – without the presence of child or children
or with only one brother or sister

H= W + M + GB
¼ + 1/3 + R
H= W + M + GS
¼ + 1/3 + ½
W= H + M + GB
½ + 1/3 + R
W= H + M + GS
½ + 1/3 + 1/2
C) 1/3 Ri – Umariyyatan Case

H= W+M+F
¼ + 1/3Ri + Rf

W= H + M + F
½ + 1/3Ri + Rf
 GRANDFATHER:

A) 1/6 – with the presence of child or children

H= S + FF
R + 1/6
 GRANDMOTHER:

A) 1/6 – without the presence of mother,

father, intermediate grandfather
 DAUGHTER:

A) ½ - alone, without the presence of son

W= H + M + F + D
¼ + 1/6 + (1/6+R) + ½

H= W + M + F + D
1/8 + 1/6 + (1/6+R) + 1/2
B) 2/3 – two or more daughters

W= H + M + F + 2D
¼ + 1/6 + (1/6+R) + 2/3

H= W + M + F + 2D
1/8 + 1/6 + (1/6+R) + 2/3

C) R – with the presence of the son

W= H + M + F + D + S
¼ + 1/6 +1/6+ R

H= W + M + F + D + S
1/8 + 1/6 + 1/6+ R
 SON’S DAUGHTER:
A) ½ - alone, without the presence of son and
son’s son

W= H + M + F + SD
¼ + 1/6 + (1/6+R) + ½

H= W + M + F + SD
1/8 + 1/6 + (1/6+R) + 1/2
B) 2/3 – two or more son’s daughters

W= H + M + F + 2SD
¼ + 1/6 + (1/6+R) + 2/3

H= W + M + F + 2SD
1/8 + 1/6 + (1/6+R) + 2/3
C) 1/6 – with the presence of a daughter

W= H + M + D + SD
¼ + 1/6 + ½ + 1/6

H= W + M + D + SD
1/8 + 1/6 + ½ + 1/6
D) R – with the presence of the son’s son

W= H + M + D + SD + SS
¼ + 1/6 + ½ + R

H= W + M + D + SD + SS
1/8 + 1/6 + ½ + R
 GERMANE SISTER:
A) ½ - without the presence of
descendant, father,
full brother

W= H + M + GS
1/2 + 1/3 + 1/2

H= W + M + GS
¼ + 1/3 + 1/2
B) 2/3 – two or more germane sister

W= H + M + 2GS
1/2 + 1/6 + 2/3

H= W + M + 2GS
1/4 + 1/6 + 2/3
C) 1/6 – with the presence of one daughter or son’s
daughter

W= H + D + GS
¼ + ½ + 1/6

W= H + SD + GS
¼ + ½ + 1/6

H= W + D + GS
1/8 + ½ + 1/6

H= W + SD + GS
1/8 + ½ + 1/6
D) R – with the presence of the germane
brother

W= H + M + GB + GS
½ + 1/6 + R

H= W + M + GB + GS
¼ + 1/6 + R
 CONSANGUINE SISTER:

A) ½ - without the presence of descendant,

father, full brother, full sister

W= H + M + CS
½ + 1/3 + ½

H= W + M + CS
¼ + 1/3 + 1/2
B) 2/3 – two or more consanguine sisters

W= H + M + 2CS
½ + 1/6 + 2/3

H= W + M + 2CS
¼ + 1/6 + 2/3
C) 1/6 – with the presence of one daughter or son’s daughter

W= H + M + D + CS
¼ + 1/6 + ½ + 1/6

H= W + M + D + CS
1/8 + 1/6 + ½ + 1/6

W= H + M + SD + CS
¼ + 1/6 + ½ + 1/6

H= W + M + SD + CS
1/8 + 1/6 + ½ + 1/6
D) R – with the presence of consanguine
brother

W= H + M + CB + CS
½ + 1/6 + R

H= W + M + CB + CS
¼ + 1/6 + R
 UTERINE BROTHER OR SISTER:

A)1/6 – alone, without the presence of son,

father, grandfather, full brother

W= H + M + UB
½ + 1/3 + 1/6

W= H + M + US
½ + 1/3 + 1/6
B) 1/3 – two or more uterine brothers of sisters

W= H + M + D + 2UB
¼ + 1/6 + ½ + 1/3

W= H + M + D + 2US
¼ + 1/6 + ½ + 1/3

W= H + M + D + 1UB + 1US
¼ + 1/6 + ½ + 1/3
 RESIDUARY:

A) Residuary in their own right ( ROR) –

male link

i. Male descendants (S, SS, SSS, SSSS)

ii. Male ascendants (F, FF, FFF, FFFF)

iii. GB, CB

iv. PU ( Paternal Uncle)

B) Residuary in Another’s Right (RAR) – 2:1
operation

i. Son plus Daughter (S + D)

ii. Son’s son plus Son’s daughter (SS + SD)

iii. Germane brother plus Germane sister (GB+GS)

iv. Consanguine brother plus Consanguine sister

(CB + CS)
C) Residuary Together with Another – all females

i. Two daughters plus Germane sister

(2D + GS)
2/3 + RTA
ii. Two daughters plus Consanguine sister
(2D + CS)
2/3 + RTA

iii. Two son’s daughters plus Germane sister

(2SD + GS)
2/3 + RTA

iv. Two son’s daughters plus Consanguine sister

(2SD + CS)
2/3 + RTA
 EXCLUSION:

A) Father:
FF

F GS CS UB US
Collaterals
B) Son:

GS CS US UB
COLLATERALS
S

SS
C) FATHER’S FATHER:
FF UB US
only
 Al – Jabari Rule:
a) Rule of line
-descendants over ascendants
-ascendants over collaterals
b) Rule of degree
-nearest degree excludes the more remote
c) Rule of Strength of Blood Tie
-full blood excludes the half blood (GB over
CB)
 HEIRS WHO CANNOT BE
TOTALLY EXCLUDED:
A)SON

B) DAUGHTER

C) FATHER

D) MOTHER

E) HUSBAND

F) WIFE
 What is meant by total and partial
exclusion? Explain each briefly.

• Total exclusion means exclusion from the

actual inheritance itself such as the exclusion
of the grandfather by the father.

• Partial exclusion means the prevention from a

part of the inheritance, such as the deduction
of the husband‘s share by a child from half to
one-fourth.
 CONCEIVED CHILD
H= Wc + M + F

A) As a son:
H= W+S+M+F *Whoever has the greater value
1/8 + R + 1/6 + 1/6

B) As a daughter:
H= W+D+M+F
1/8 + ½ + 1/6 + (1/6+R)
 HERMAPHRODITE:
H= W + M + F + 1Km

A) As a male:
W+M+F+S
1/8 + 1/6 + 1/6 + R *Whoever has the lesser value

B) As a female:
W+M+F+D
1/8 + 1/6 + (1/6+R) + ½
 Art.107 parents + spouses:
Bequest by operation of law means a mandatory or obligatory will. It is a
will that takes effect by operation of law when the testator does not make a
will in favor of his parent or spouse who is disqualified to inherit in view of
Article 93(c) of the Muslim Code.

The Non- Muslim parent or the non-Muslim spouse of the decedent is

barred from the inheritance on the ground of “difference of religion” as
provided under Article 93(3) of the Muslim Code.

In view of the above situation and for equity and humanitarian reason, the
law of wills as a complement of the law of inheritance provides the
“bequest by operation of law or mandatory bequest” as a perfection of the
Islamic law of succession. By this means, the said legatees will have
legacies by operation of law should the testator or decedent failed to make
a will in their favor. The parent or spouse shall be entitled to one-third of
what he or she would have received without such disqualification.
 The Case of a non-Muslim Wife
1. Can a non-Muslim wife inherit from the estate of her deceased
Muslim husband under the Islamic Law? Explain briefly your
answer.
No. One of the grounds for disqualification to inherit under Islamic
law is difference in religion. Thus, a non-Muslim wife cannot inherit from the
estate of her deceased Muslim husband.

2. Briefly state the provisions in the Code of Muslim Personal

Laws which ensure the right of a non-Muslim spouse to receive a
bequest (wasiya) by operation of law.

The Code substantially provides that the parent or spouse, who is

otherwise disqualified to inherit in view of Article 93 (c), shall be entitled to
one-third (1/3) of what he or she would have received without such
disqualification.
 CHRISTIAN WIFE:
(BEQUEST BY OPERATION OF LAW)
H= Wm + Wx + M + S + F
2Wm + M + S + F
1/8 + 1/6 + R + 1/6
3/24 + 4/24 + 13/24 + 4/24 = 24/24

2Wm= 3/24 (2/2) Wm= 3/48 (3/3) +6/144

= 6/48, 3/48 + 3/48 = 9/144 + 6/144
Wx= 3/48 (3/3) = 15/144
= 9/144, 3/144 + 3/144 + 3/144
= 3/144
 DOCTRINE OF RADD
H= W + M + D
1/8 + 1/6 + ½
3/24 + 4/24 + 12/24 = 19/24, 5/24
Step 1:
W + M+D
1/8 + 7/8 *redistribute proportionally
Step 2: except the surviving spouse
M + D
1/6 + ½
1/6 + 3/6 = 4/6
¼ + ¾ = 4/4
Step 3:
W + M + D
(4/4)1/8 + ¼ (7/8) + ¾(7/8)
4/32 + 7/32 + 21/32 = 32/32
• Hassan died. His mother Habiba and two (2)
full sisters, Mariam and Sofia, survive him, He
left properties worth P120,000.00. Distribute
his estate by applying the appropriate
doctrine in the law of inheritance. Justify
your answer.

• M + 2GS
 DOCTRINE OF AUL
W= H + M + D + SD
¼ + 1/6 + ½ + 1/6
3/12 + 2/12 + 6/12 + 2/12 = 13/12
3/13 + 2/13 + 6/13 + 2/13 = 13/13
 Combination of Radd and Aul
Mohammad and Zaid, father and son, respectively, boarded a plane bound for
Singapore. The plane crashed killing all the passengers including Mohammad and Zaid.
No evidence was available to prove as to who of the two died first. At the time of their
death, they left substantial property, and were survived by the following relatives: (1)
Rakma, Mohammad’s wife and Zaid’s mother, (2) Latipa, Mohammad’s daughter and
Zaid’s sister and, (3) Zainab, Mohammad’s daughter- in-law and Zaid’s wife.
• Who are entitled to inherit from the estate of Mohammad? Compute and give their
respective shares.
Mohammad are Rakma, Mohammad‘s wife, and Latipa, his daughter.

W + D
1/8 + 1/2
1/8 + 4/8 = 5/8 doctrine of Radd
1/8 + 7/8 = 8/8

• Who are entitled to inherit from the estate of Zaid? Compute and give their respective
shares.
The following who are entitled to the estate of Zaid are Rakma, his mother, Latipa, his
sister, and Zainab, his wife.
M + GS + W
1/3 + 1/2 + 1/4 Doctrine of Aul
• Umaryattan Case wherein the only heirs are the
parents of the deceased together with his or her
spouse. It was named after Caliph Umar RA who
indirectly settled and decided the case laterally to
the law that the portion of male must be double
that of the female.

• In the instance of their regular share, the mother

will get a higher share than the father.
Accordingly, the father complained to the Caliph
who then devised an alternative solution -- i.e.
the male has share double that of the female and
thus arrived at the formula that the mother has a
share of the residue initially multiplied with one-
third as provided under the Qur‘anic share.
 HUSBAND DIED
• A person died survived by his father, mother,
and wife. Distribute his estate worth
P120,000.00 among the surviving heirs in
accordance with their apportioned shares.
 UMARIYYATAN CASE:
H= W + M + F
1/4 + 1/3 Ri + Rf
¼ + Ri
¼ + 3/4 = 4/4, M= 1/3 Ri
= 1/3 (3/4)
= ¼
W + M + F
¼ + ¼ + Rf
¼ + ¼ + 2/4 = 4/4
 WIFE DIED
• A person died survived by her father, mother
and husband. Distribute her estate worth
P160,000.00 among her surviving heirs in
accordance with their apportioned shares.
W= H + M + F
1/2 + 1/3 Ri + Rf
½ + Ri
1/2 + ½ = 2/2, M= 1/3 Ri
= 1/3 (1/2)
= 1/6
H + M + F
½ + 1/6 + Rf
3/6 + 1/6 + 2/6 = 6/6
 SUCCESSION BETWEEN
DIVORCED PERSON
Art.96 The husband who divorces his wife shall have mutual rights of
inheritance while she is observing Idda. After the expiration of Idda there
shall be no mutual rights of succession between them.

According to the rule, the husband who divorces his wife will have mutual
rights of inheritance with here while she is observing Idda. In the same
manner, by principle of analogy (Qiyas), if the wife divorces her husband
by means of khul, tafwid, or faskh, they will have mutual rights of
inheritance while she is observing her Idda, there will be no mutual rights
of succession between them. The Idda is a period of waiting prescribed for
a woman whose marriage has been dissolved by divorce the completion of
which will enable her to contract a new marriage; usually, it is terminated
after three monthly courses.
MUTUAL INHERITANCE BETWEEN SPOUSES:

SPOUSE DEATH ILLNESS IDDAH

(DIVORCE BY) DURING AFTER

HUSBAND TALAQ

WIFE TAFWID, KHUL, FASKH

 a state of death illness (marad-ul-maut)
A person who is in a state of death illness (marad-ul-
maut) repudiates by talaq his wife. A month after the
expiration of the wife’s ‘idda, the former husband died. A
day after the death of the said husband, the ex-wife
contracted a second marriage. Within six months from the
celebration of the second marriage, the ex-wife gave birth to
a son. The estate of the decedent is pending settlement
before your sala as District Shari’ah Judge. How would you
pass upon the following:
• Could the ex-wife inherit from the decedent? Explain.
• Could the child, who was born within six months from the
death of the decedent, inherit also from the estate?
• In the preceding problem, suppose it was the wife who
died during the pendency of her ‘Idda, could the surviving
husband inherit from her estate?
 MISSING PERSON
• Abdulmajid is an enlisted man in the Armed Forces of
the Philippines. He was stationed in Jolo in 1974 at the
height of the civil uprising in the area. He has a son
who is working in Saudi Arabia. Since then, nothing has
been heard of the whereabouts of Abdulmajid. His son
is his only heir. He learned of the disappearance of his
father when he returned home last month (November
1983). The son could not ascertain whether his father
is dead or still alive. His father has a large tract of land
in Kiamba, South Cotabato. As his counsel, what
advice would you give the son? Explain by stating
applicable rules on inheritance under Islamic Law of
the Muslim Code.
 DISQUALIFICATIONS
The following shall be disqualified from succeeding:

– Those who have intentionally caused, directly or

indirectly, the death of the decedent;

– Those who have committed any other act which

constitutes a ground for disqualification to inherit
under Islamic law; and

– Those who are situated that they cannot inherit under

Islamic Law. (Article 93, P.D.1083)
 STONE CASE
• A wife died leaving an estate valued at P100,000.00 at the
time of her death, she was survived by her husband,
mother, two uterine brothers and full brother. Compute
and distribute their respective shares.

H + M + 2UB + GB

1/2 + 1/6 + 1/3 + R

3/6 + 1/6 + 2/6 + 0 = 6/6

2/6
True Grandfather:
True Grandmother:
 FF + GB
“Should the grandfather survives with any sharer other than the
brother or sister of the decedent, he shall be entitled to one sixth
without prejudice to his right as residuary.”
As a special case, the grandfather will inherit with the brothers
and sisters.
To determine the share which is advantageous to the grandfather,
make two computations to a given problem: in the first
computation, give the grandfather the 1/6 share as a Qur’anic
heir; and in the second computation, consider the grandfather as a
brother and inherit as residuary heir. Then examine the two
computations and whichever of the computations that the
grandfather has a greater share will be the advantageous option of
the grandfather.
 Moner is a disavowed child (walad-ul-lia’an). But before his father died,
the latter retracted his vow and recognized him as his son. His father is
survived by a wife, (mother of Moner), father and full brother. The father
left as estate worth P60,000.00. In the instant problem, can Moner inherit
from his father? How about his mother? Distribute the estate of the
decedent. Explain and justify your answer.
Yes, Moner can inherit from his father because his father retracted the
vow and recognized him. The mother of Moner cannot inherit because
their marriage was dissolved through Lian, means their mutual inheritance
to each other was put into end.

Son + F + GB
R + 1/6 + 0 (excluded in the presence of the son)
5/6 + 1/6

Son = 5/6 (P60,000.00) = P50,000.00

F = 1/6 (P60,000.00) = P10,000.00
---------------
P60,000.00
 Diyat (Blood Money)
Who are entitled for the fine or compensation arising there
from i.e. Diyat (blood money) under Islamic Law,
assuming that the only survivor is the mother of the child.

Under Islamic law, a fine or compensation arising from Diyat

(blood money) shall be given to the surviving relatives. In the
case at bar, the mother will receive the blood money as the
only surviving heir after deducting the expenses from the
settlement of the case.
What is the distinction between an acknowledged child and
an acknowledged kinsman in terms of successional rights?

Acknowledged child can inherit to the father as a legal heir

provided the father manifested the acceptance in the public
that he is the father of the child and thus retracted the charge
of adultery to his wife; whereas, Acknowledged kinsman can
inherit only if sharers, residuaries and Distant kindred are all
absent.
A person died leaving a son, a daughter, a consanguine brother. The
hereditary estate is P600, 000.00. Before settlement and partition of said
estate, the son died. If you were a Judge, how should you distribute the
estate applying related rules?

If I will be the judge, I will first divide and distribute to the son
and daughter in which the consanguine brother is excluded by
the son. The reason is that the son is alive at the time of the
death of the decedent which is one of the requisites in order to
be qualified as successor. Secondly, I will divide the share of
the son which pertains to him if he was alive. The share of
daughter, who is a sister of son, will not be included since that
share is not part of the estate of the son.
Illustration:
Estate: P 600,000.00
Step 1.

S D

R
2/3 1/3 = 3/3
Therefore:
Son = 2/3 (P 600,000.00) = P 400,000.00
Daughter = 1/3 (P 600,000.00) P 200,000.00
Step 2.
GS + PCU
½ R
½ ½
Estate: P 400,000.00
Therefore:
Germane sister = ½ ( P 400,000.00) = P 200, 000.00
Paternal Consanguine Uncle = ( P 400,000.00) = P 200,000.00
A Muslim executed a will whereby he states that upon his
death, his cadaver be given to a Medical school for the study
of different organs to enhance the advancement of medical
science. Under Islamic law, is the will valid? Why?

Generally under Islamic law, a will must be made by the

testator from his property. Hence, any part of the body of a
person is not a property of him; it is a creation of Allah.
Therefore, he cannot make a will as such by giving his cadaver
to a medical school for the study of different organs to enhance
the advancement of medical science.
Abdu Samad died without leaving an heir. But he left a will bequeathing his entire
property to a charitable institution for the purpose of building a school for the
poor children in his town. His property is worth Php 900,000.00 with unpaid taxes
of Php 40,000.00 and funeral expenses amounting to Php 75,000.00. during the
settlement of his estate, two persons, A and B, appeared before the probate court
claiming their interest in the property of Abdu Samad. A claimed that he is an
acknowledged son of Abdu Samad, while B claimed that he is the acknowledge
brother. If you were the Judge, will you allow the claims? How will you decide the
case? Please justify your decision.

Yes. Provided that they have a sufficient evidence to comply with the
requirements, that the acknowledgement is manifested by the Abdu
Samad’s acceptance in public that he is the father and brother whom they
did not question it and their relation did not appear impossible by reason of
disparity in age. In the case at bar, the acknowledged son will exclude the
acknowledged brother, thus the only acknowledged son will inherit the
property after deducting the unpaid taxes, funeral expenses and a one-third
disposable from the property for the will.
Acknowledged son will get:
900,000.00 – 40,000.00 – 75,000.00 = 785,000 – 785,000 (1/3) =
P523,333.34
 No Will To An Heir Rule
The Muslim Code provides that: “A bequest to any sharer
or residuary shall not be valid unless ratified by the
testator’s heir existing at the time of his death.” its basis
from the hadith is the reported saying of the Holy Propeht
(peace be upon him) to the effect: “ Allah has appointed
for everyone who has a right what is due to him, and no
bequest should be made to an heir.”(Sunan Abu Dawud,
Vol. II, p. 808) This hadith indicates that bequest should
not be made to an heir who receives a share from the
inheritance. However, as an exception to this rule, a
legacy in favor of an heir is valid provided thath it is
unanimously approved by all the co-heirs after the
succession has been opened.
 Acknowledgment
What is the distinction between an
acknowledged child and an acknowledged
kinsman in terms of successional rights?

Acknowledged child can inherit to the father as a

legal heir provided the father manifested the
acceptance in the public that he is the father of the
child and thus retracted the charge of adultery to
his wife; whereas, Acknowledged kinsman can
inherit only if sharers, residuaries and Distant
kindred are all absent.
2:1 - “The share of a male is equivalent the shares of two
females.” (The Holy Qur’an 4:11).

What are the underlying reasons under Islamic Law, why a male
inherits double the share of a female?
The following are among the reason why under Islamic law why a male
inherit double the share of female;

a) Male has a greater responsibility than the female in the sense that he is
bound to protect and secure his sister in times of trouble.

b) Male is entitled to give customary dower should he wish to contract a

marriage while female is entitled to receive customary dower when
someone wants to marry her.

c) Male are oblige to support his sister should their marriage was dissolved
Succession Of Illegitimate Child
Explain succession by illegitimate child under
P.D.1083?

Under the law which substantially provides that, a

child who was the cause of the mother’s having been
divorced by lian shall have mutual rights of
succession only with the mother and her relatives.
Succession to the Vested Inheritance
(Munasikhah)
According to the Muslim law, the inheritance
vests upon the heirs immediately upon the death
of the decedent, hence, every inheritance is vested
inheritance before its partition and distribution.

When an heir dies before the partition and

distribution of the inheritance, his heirs will
succeed to his undivided share in the inheritance;
this is the succession to the vested inheritance
(munasikhah).
 Parents‘ change of religion or difference of religion of
parents:

Mariano and Corazon are Christians, husband and wife. They have three (3)
children, one (1) minor son Mariano Junior, and the others, their elder son
Manuel and only daughter Cristina, are of age of maturity, In 2010, spouses
Mariano and Corazon have changed their religion to Islam, and mutually re-
registered their marriage with the Shari’ah circuit registrar. Last april 22,
2011, Mariano died without a will, but leaving a net estate valued Php.
1,000,000.00

a) which law to govern for the distribution and settlement of the estate of
Mariano? Cite your legal basis.

The code of Muslim personal laws of the Philippines should govern the distribution
and settlement of the estate of Mariano. This is because when Mariano and his
wife jointly converted to Islam shall have the legal effect to their marriage as if the
same had been performed in accordance with the provisions of the P.D.1083 as
clearly stated in Article 178 of the said code
b) who among the heirs of Mariano are entitled to inherit, and who may
not with him? Cite the basis under the provisions of P.D. 1083 or Islamic
Law.

Mariano’s wife, Corazon and his minor son Junior are entitled to inherit
from the estate as sharer and residuary heir, respectively. Since Mariano
Junior is still minor, the provision of the P.D 1083 for difference of religion
to disqualify him to inherit cannot be applied. This is because that under
Islamic law all born is Muslim, and shall become non- Muslim only upon
reaching the age of maturity.

The elder son Manuel and the daughter Cristina are disqualified to inherit
due their religion. The bequest by operation of law under Article 107 of
P.D. 1083 on difference of religion is applicable only to spouses, and
cannot be applied to them.However, they will be given one third what they
would receive without such disqualification for equity and humanitarian
reason. Muslim Code provides in Article 3 paragraph 3 that nothing herein
shall be construed to operate to the prejudice a non-Muslim.
 Problem Solving:
1. Wc + M + D + GS
2. W + M + D + SD + 1Km
3. W + M + D + SD
4. Wm + Wx + M + D + S
5. Wmc + Wx + M + D + S + F