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1.

Islamic law allows a Muslim to make a Will (Wasiyat) to dispose of their property after
death. The key principles include a limited share of one-third of the total property,
mandatory consent from legal heirs, and the need for competence, capability,
bequeathable property, and free consent from both the legator and legatee. The Will is
considered a divine institution regulated by the Holy Quran, but it must not harm lawful
heirs. Two-thirds of the estate automatically passes to legal heirs under compulsory
inheritance rules. Islamic scholars consider the Will a divine institution, ensuring it does
not harm lawful heirs.

2. In Sunni Islamic law, bequest by operation of law, or intestate succession, involves the
distribution of a deceased person's estate without a valid Will. The testator's power is
limited, and they cannot bequeath more than one-third of their total property unless other
heirs consent, there are no legal heirs, and the spouse receives their share. Traditional
Sunni Muslim law does not allow bequests in favor of a legal heir. The system originated
in pre-Islamic Arabia, but was radically reformed by the Quran, granting inheritance
rights to male, female, old, and young. Islamic law allows a person to bequeath up to one-
third of their estate to anyone they wish.

3. Islamic law does not typically allow multiple wills, but it is based on the principles of
Islamic inheritance and wills. A Muslim should have a single valid will, known as al-
wasiyah, outlining their wishes for asset distribution after death. The will must be signed
by two male Muslim adult witnesses and cannot favor someone already a beneficiary.
Muslim wills are for non-beneficiaries, such as adopted children or those not inheriting
through standard rules. The last valid will takes precedence, and beneficiaries receive
their bequests subject to the estate's limits and other heirs' rights.

4. The partial invalidity of a will (Wasiyat) under Muslim law results in the valid portions
being upheld and invalid parts disregarded. The remaining assets are distributed
according to inheritance rules, with the principle of intestate succession applied.
Residuaries include sharers (Asabah) who receive fixed shares determined by the Quran,
and residuaries (Asaba), who inherit what remains after the sharers have received their
shares. Residuaries include the father, paternal grandfather, daughter, agnatic
granddaughter, full sister, and mother. The father remains a residuary, and his share
forms part of his net estate. If other heirs survive him, their distribution depends on their
specific entitlements.

5. Islamic inheritance law grants sharers (Asabah) to sons and daughters, parents, and
spouses. Sons receive double the share of daughters, while parents inherit from both
parents. The mother's share is usually one-third if there are children, and the surviving
spouse inherits a share. These shares are determined by Quran rules of inheritance
(Faraid).
6. 6. Heirs referred to as primary heirs are always entitled to a share of the inheritance; they
are never totally excluded. These primary heirs consist of the spouse, both parents, sons,
and daughters. All remaining heirs can be totally excluded by the presence of other heirs.

7. Islamic inheritance law outlines the rules for residuary preference. There are three types:
Residuary in His Own Right (Asabah bi Nafsiha), Residuary Through Another (Asabah
bi Ghayriha), and Residuary Together with Others (Asabah ma’a Ghayriha). Full blood
takes precedence over half-blood. Residuary shares are calculated using the formula 1 -
Prescribed or Fixed shares. There are two types of residuary sharers: Joint Residuary
(Joint Tasib), where males receive double the share of females, and Individual Residuary,
where each residuary inherits independently. These rules ensure fairness and adherence to
Islamic principles in estate distribution.

8. Islamic law involves the reversion of residue, where the remaining estate is distributed
after specific shares are allocated to primary heirs. Primary heirs, including the father,
mother, sons, and daughters, receive their specified portions according to Quranic rules.
The remaining assets form the Net Estate. After primary heirs' shares are allocated, the
residue remains, going to customary heirs who are not specifically mentioned in the
Quranic shares. This principle aims for fairness and justice, ensuring all heirs receive
their due shares.

9. The Muslim Code of Personal Laws states that if a divorced person remarries and dies,
the surviving spouse inherits from the deceased's estate, provided the marriage was valid
under Islamic law. Children from the previous marriage also inherit from their deceased
parent's estate, with the share of each child depending on the number of surviving
children and other heirs. The parents and siblings of the deceased may also inherit, but
their shares are generally smaller.

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