Name: Syed Haris Shah

Class Number: 146

Semester: 6th
Paper: Islamic Jurisprudence
Submitted To: Kiran Nisar

Answer No 1:
Islamic Law of Inheritance:
Introduction:
When Muslim dies leaving some property behind, the question arises as to how
his property is to be disposed of. The rule regarding inheritance become very
important because Islamic law restricts the power of distribution of property
through will. Islam has devised many systems so to avoid the concentration of
wealth and inheritance is one of them. Islam very precisely has given a set of rules
regarding inheritance on which emphasis is given by the Prophet Muhammad
(PBUH) on learning these rules. Due to existence of different school of law various
variation were introduced into the traditional practice, when viewed on world-
wide basis this is an extremely complex and variegated phenomenon.

Pre-Islamic System of Inheritance:

Before looking at the Islamic rules, it is important to understand pre-Islamic
system of inheritance.in pre-Islamic system of inheritance it was found that only
male agnates had entitlement for inheritance while females and cognates were
totally excluded. Even among them some has preferential right of inheritance
such as, the descendants were preferred over ascendants and when more male
agnates than one were equally distant to the deceased, they used to go for per
capita distribution among them.

Quranic perspective about inheritance:

The law of inheritance is available in many verses of Holy Quran, including: Surah
Al-Nisa; Surah Al-Maida; Surah AL-Anfal; and Surah Al-Baqara. Following few of
them;

As Surah Al-Nisa verse No 11 says;

“Allah commands you regarding (the provision for) your children: to the male the
equivalent of the portion of two females, and if there be women more than two,
then theirs is two-thirds of the inheritance, and if there be one (only) then the
half. And to each of his parents a sixth of the inheritance, if he have a son; and if
he have no son and his parents are his heirs, then to his mother appertained the
third; and if he have brethren, then to his mother appertained the sixth, after any
legacy he may have bequeathed, or debt (hath been paid). Your parents and your
children: Ye know not which of them is nearer unto you in usefulness. It is an
injunction from Allah. Lo! Allah is Knower, Wise”

Surah al-Nisa verse No 12 says;

“And for you is half of what your wives leave if they have no child. But if they have
a child, for you is one fourth of what they leave, after any bequest they [may
have] made or debt. And for the wives is one fourth if you leave no child. But if
you leave a child, then for them is an eighth of what you leave, after any bequest
you [may have] made or debt. And if a man or woman leaves neither ascendants
nor descendants but has a brother or a sister, then for each one of them is a sixth.
But if they are more than two, they share a third, after any bequest which was
made or debt, as long as there is no detriment [caused]. [This is] an ordinance
from Allah, and Allah is Knowing and Forbearing” (COPIED)

Ahadees in this Regard:

Following Ahadees are also worth nothing in this regard;

As Prophet Muhammad (PBUH) said;

“A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of
a Muslim”

“One, who kills a man, cannot inherit from him”. And;

“Give the shares of inheritance that are prescribed in the Quran to those who are
entitled to receive it. Then whatever remains, should be given to the closest male
relative of the deceased”.

Elements of inheritance:

The main elements of inheritance are;

 Deceased (moa’ris)
 Legal heir (waris)
 Property left by deceased (tark’a)

These three elements must co-exist for the application of inheritance. At the time
of the death of deceased, the respective shares of heirs automatically devolve
into them, however the actual distribution take place later.

First priority After Death of Deceased:

After death of a Muslim, the first priority was the deduction of following financial
obligations from the leftover estate of deceased;

1. Funeral expenses;
2. Debts;
3. Payment of all dues if any such as hospital bills and alike incurred during
last days of deceased life;
4. Execution of bequest (will).

Once all above financial obligations are fulfilled then question arises who are the
legal heirs of deceased and up to what extent they will inherit. For that purpose
we have to know about classes of heirs.
Classifications of Heirs:

There are two classes for the classification of heirs i.e.

 Shia Classification
 Sunni Classification

1; Shia Classification:

Shia classified heirs into two groups’ i.e.

 Heirs by consanguinity
 Heirs by marriage.

Heirs by consanguinity;

The heirs by consanguinity are further divided into three classes;

Class 1: (a) parent;

(b) Children and their lineal descendants (hls).

Class 2: (a) Grandparents (hls);

(b) Brothers/Sisters and their descendants;

Class 3: (a) Paternal uncles/aunts and their descendants;

(b) Maternal uncles/aunts and their descendants.

In above classes one principal is use i.e. nearer in degree excludes the farer which
means that the first class as a whole excludes the rest of the two and so on.

Heirs by marriage:

Husband and wife are included in class of heirs by marriage.

2; Sunni Classification:

Sunni classify legal heirs into following classes;

1. Sharers
 2. Residuaries
3. Distant Kindred

Sharers:

The Holy Quran mention nine persons as sharers, Sunni added three more by
analogy which make them twelve in number; Shias only recognize nine sharers
that are mentioned in Holy Quran. Out of these twelve, four are termed as
“primary heirs” as they are never excluded from inheritance. They include;

 Father and Mother;

 Spouse;
 son;
 Daughter;

Out of these twelve, four are male and eight are female i.e.

 Father;
 Grandfather;
 Brother;
 Husband;
 Mother;
 Grandmother (Both);
 Wife;
 Daughter;
 Granddaughter;
 Sister (full) i.e. from same mother and father;
 Paternal Sister;
 Maternal Sister;

While the three added by analogy are;

 Maternal grandmother
 Paternal grandfather
 Agnatic granddaughter
These are collectively known as “Quranic Heirs”. They get fix share and the rest of
estate is distributed among the residuaries.

Residuaries:

Those who take no share prescribed, but succeed to the residue left once the
claims of shares are classified, are termed as “residuaries”, they include;

 Descendants;
 Ascendants;
 Descendants of father i.e. full brother/s and sister/s, consanguine brother/s
and sister/s;
 Descendants of true grandfather i.e. paternal uncle/s and aunt/s etc.

Distant Kindred:

They are all those relations by blood who are neither sharers nor residuaries and
are only entitled to inherit when there are no sharers and residuaries to get the
estate. They are group of potential heirs relating to the class of cognate relatives.

Share of each possible successors in estate:

Once a Muslim I dead three questions arises

1. Who are possible successors?

2. Among them who are actual heirs?
3. What are the shares of each actual heir?

After going through above process following rules are devised. The heirs are
classified into first category heirs and second category heirs;

First Category of Heirs:

The first category include following peoples;

1. Spouse i.e. husband and wife/s

2. Children including son/s and daughter/s
3. Parents i.e. father and mother
 4. Grandchildren i.e. son’s son and son’s daughter only, only where the son is
already dead.

Second Category of Heirs:

The second category of heirs include following;

1. Grandparents i.e. both paternal and maternal;

2. Brother/s and sister/s, only where there is no father and son;
3. Uncle/s and aunt/s, only where grandparents of either kind missing;
4. Nephew/s and niece/s, when brother/s and sister/s are absent.

Respective Shares of Each Successor:

1. Share OF husband:
If no entitled descendants exist (i.e.; Children/Grandchildren), then

Husband = 1/2
If entitled descendants exist (i.e.; Children/Grandchildren), then

Husband = 1/4
Note: entitled descendants = Sons, Daughters, Son’s Son, & Son’s Daughter.
Daughter’s children are NOT treated as entitled descendants.

2. Share of wife:

If no entitled descendants exist (i.e.; children/grandchildren), Then

Wife = 1/4
If entitled descendants exist (i.e.; Children/Grandchildren), then

WIFE = 1/8
Note: entitled descendants = sons, daughters, son’s son, & son’s daughter.
Daughter’s children are not treated as entitled descendants.
 

3. SHARE OF DAUGHTER’(s):
If only one daughter (and no sons), then

Daughter = 1/2
If two or more daughters only (and NO Sons), then

Daughters = 2/3
(To be shared equally between all of them)

If both son’s & daughters exist, then

Son: daughter = 2:1.

4. Share of father:
If entitled descendants exist (Sons, Daughters, Son’s Sons, Son’s Daughters), then

Father = 1/6
If no male descendants exist (sons, son’s sons), then

Father = 1/6 plus Residue

(Residue = remainder after all legal shares are distributed) if no entitled
descendants exist, then

Father = residue

5. Share of mother:

If entitled descendants or brothers/sisters exist, then

Mother = 1/6
If no entitled descendants exist, then

If no brothers/sisters, no father, no spouse exist, then

Mother = 1/3
If brothers/sisters, father, or spouse exist, then

Mother = 1/3 of residue.

6.  Uterine brother/sister (from same mother, different father):
If one uterine brother/sister exist, then

If no entitled descendants and no male ascendants

(Father/father’s father etc.), then

Uterine brother = 1/6 or uterine sister = 1/6

If two or more uterine brothers/sisters exist, then

If no entitled descendants .and.no male ascendants

(Father/father’s father etc.), then

All uterine brothers & sisters = 1/3

Note: if there are uterine brothers/sisters in addition to full brothers/sisters
(same father/mother), then they share in the residue.

7. Share of son’s daughter:

If one son’s daughter exist, then

If no daughters exist; if no son’s son exist, then

Son’s daughter = 1/2

If son’s son exist, then

Son’s daughter = half share of son’s son

(I.e. son’s son share: son’s daughter share = 2:1)

If two or more son’s daughters exist, then

If no daughters exist

If no son’s sons exist, then

Son’s daughters = 2/3 (equally between them)

If son’s son exist, then
Son’s daughter = half share of son’s son
(I.e. son’s son share: son’s daughter share = 2:1)

8. Share of full brother/sister:

(Full brother/sisters are brothers/sisters from the same father & mother)

Brothers & sisters inherit only when there are no descendants (son/sons, son’s
son
Etc.) And no ascendants (father/grandfather etc.)
The Arabic word “al-khalala” is used in the quran, chapter 4 – al-Nisa, verses 12 &
176,   which is translated by almost all the translators of the quran to mean
“ascendants &       descendants” thus giving rise to the interpretation that they
include “parents and children”. However, many scholars have preferred to classify
the word as meaning “father or son” thus             excluding the female
components of both ascendants and descendants (mother & daughters).
If no full brother and no female entitled descendant exist

(daughter, son’s daughter etc.), then

If deceased was male, then

Full sister = 1/2 (if only one)

If no full sister and no female entitled descendant exist, then

If deceased was female, then

Full brother = 1 (if only one)

If two or more brothers & sisters, then

Full sisters = 2/3 (shared equally between them)

Full brother’s & sister’s (combination) = 2:1
If no full brother exist but female entitled descendant exist

(Daughter, son’s daughter etc.)Then

Full sister = 1/6 (if only one)

If no full sister exist but female entitled descendant exist, then
Full brother = 1/6 (if only one)
If female entitled descendant exist, then

Full sisters & brothers = 1/3 (share equally).

9.         Consanguine sister (sister from same father but different mother):

Consanguine sisters inherit only when there are no son’s or son’s son(s) and no
father and no full brother.
If only one full sister and no consanguine brother, then

Consanguine sister (if only one) = ½

Consanguine sister(s) (if two or more) = 2/3

If one full sister and consanguine brothers, Then

(Consanguine) brother: sister = 2:1

 

10.       True grandmother:

True grandmother is defined as the one whose line of connection with the
deceased is not interrupted by a male between two females. They are entitled
only if the father or mother do not exist.
Eg;

 mother’s mother;
 father’s mother
 Father’s father’s mother;
 Mother’s mother’s mother.

True grandmother = 1/6

11.       True grandfather:
True grandfather is the one whose line of connection with the deceased is not
interrupted by a female between two males. They are entitled only if the father or
mother do not exist.
E.g.;
 father’s father
 Father’s father’s father;
 Mother’s father
 Mother’s father’s father;

True grandfather = 1/6 if male descendants exist (son, etc.)

True grandfather = 1/6 + residue if female descendants exist

True grandfather = residue if no male/female descendants exist

12.       Uncles & aunts (father’s/mother’s brothers & sisters):

Uncles and aunts are only entitled in the absence of grandparents. This means
that they will receive shares only if there are no parents and grandparents
because grandparents do not inherit when the parents are living. They will also
not inherit if the children (or children’s children) of the deceased are living.
Proportions here are also in the ratio of 2:1 for male: female.

13.       Nephews & nieces (children of brothers/sisters):

Nephews and nieces are only entitled in the absence of brothers and sisters. This
means that they take the shares of the brothers/sisters of the deceased in their
absence. Hence a nephew/niece will receive what his/her parent (brother/sister
of the deceased) would have received if he/she was alive. They will also not
inherit if the children (or children’s children) of the deceased are living.
Proportions here are also 2:1 for male: female.

Answer no:2
A) RULE OF REPRESENTATION

The doctrine of representation is a principle in inheritance law which states that if

an heir to an ancestor dies during the lifetime of the ancestor, but the deceased
heir leaves behind living heirs of his or her own, then these heirs of the deceased
heir will have the right over the deceased’s share in the ancestor’s property since
they will act his representatives.

While the doctrine of representation is a widely recognized concept and followed

by Hindu, English and Roman law, it is not widely practiced in Muslim Law.
However, the doctrine of representation is practiced to some extent under Shia
law for the purpose of calculating the shares of the heirs, more specifically, to
determine the shares of heirs to a predeceased brother, predeceased sister,
predeceased daughter and predeceased aunt.

ILLUSTRATION:

Take for instance a family tree wherein A is the common ancestor of two sons, B
and C. B has two children, D and E and C has two children F and G.

Rule of Exclusion:

Under Muslim law, the nearest heir to the ancestor excludes the remote heirs in
case of inheritance. If B dies in the lifespan of A, then upon A’s death, only C can
inherit the property of A. Thereby, C will exclude the children of B i.e. D and E from
having any right to inheritance over A’s property. Had doctrine of representation
been applicable to this case, then the heirs of B via D and E would have gained
rights to inheritance by representing B. This means that C would receive one- half
of A’s property and the other half would be shared by D and E.

REASON:
The reason that Muslim law does not apply the doctrine of representation is that
under Muslim law the right to inheritance does not arise until the time the
ancestor has died. This means that a right that is not vested with any particular
member, to begin with, cannot be passed on or be used by the deceased person’s
heirs.

B) RULE OF PRIMOGENITURE:
MEANING:

The word primogeniture means firstborn; it also means that the right of

inheritance or succession goes to the eldest child of the deceased. Primogeniture
has been used to make sure the next king gets to the throne without too much
fighting. That hasn't always worked, but it has helped. The rules of primogeniture
have changed from kingdom to kingdom and with time, and there are different
forms of it. Primogeniture can mean many different things.

INHERITANCE LAWS:
Primogeniture is still used today in places where there are hereditary monarchies.
It was much more common, though, back in the days when much of the world
was still ruled by them. Inheritance laws were needed so that everyone knew who
the legitimate heir was, whether that was the eldest son or the eldest child. This
system often ended any problems before they started - but not always.

Explanation:
Imagine for a moment, that the father of a large extended family dies, and there
is no will. It's likely that siblings, cousins, even uncles and aunts would start
squabbling over possessions. Now imagine that the deceased was a king. Those
same family members are now squabbling over the kingship and using armies to
fight for it. Although there were inheritance laws that prescribed who would get
what, this didn't always eliminate fighting; when succession wasn't
straightforward or the proper heir had a defect or an illness of some kind, there
could be conflict over succession.
MOST COMMON FORMS OF PRIMOGENITURE:
Throughout Europe, Asia, and Africa, kingship was generally based on male-
preference Cognate or Agnatic rules. Male-preference Cognate primogeniture
was where a king's sons were all eligible for the throne before his daughters. If he
didn't have any living children, his brothers were next in line for the throne,
followed by his sisters.
Agnatic primogeniture was where either men or women could rule, but they had
to be descended from a male royal. So, all a king's children would be eligible for
the throne, but his daughters' children would not be. If a king had no living
children, his siblings would all be eligible, but not his sisters' children.
Most kingdoms also used the Semi-Salic Law, which meant that women could
inherit if there were no legitimate male heirs.

C) DOCTRINE OF HUJUB:
MEANING:
Sometimes, an heir may be deprived of inheriting due to the presence of another
heir. This concept is called hujub (exclusion).

TYPES OF HUJUB;

There are two types of hujub

 Hujub Nuqsaan 

 Hujub Hirmaan

Hujub Nuqsaan (Partial Exclusion)

This is when an heirs share is reduced due to the presence of another heir. A
quick example of this is the case of the husband; If the mayyit (deceased) leaves
behind no children, he (the husband) inherits 1/2. If the mayyit does leave behind
children, he will be partially excluded to 1/4.

The rules of partial exclusion will be discussed in detail later on, Insha’Allah.

Hujub Hirmaan (Total Exclusion)

This is when an heir is completely deprived from inheriting due to the presence of
another heir.

The rules of total exclusion will be discussed in-depth in the next

post, Insha’Allah.

Rule #1:

 The following six people can never be fully excluded: Mother, Father, Daughter,
Son, Husband, and Wife. These are the six basic heirs; they
will always inherit something as long as they are alive. However, some of them
may be partially excluded sometimes. As mentioned previously, partial exclusion
will be discussed later.

Rule #2:

 A Father (or father’s father i.e. paternal grandfather, or higher) and son (or son’s
son i.e. grandson, or lower) exclude all siblings. Doesn’t matter if they are
brothers, sisters, haqeeqi, allaati or akhyaafi. In the presence of a father,
grandfather (or higher) or son, grandson (or lower), all of them will be excluded.

Example 1:

 A man dies leaving behind

 Paternal grandfather
 2 Haqeeqi brothers
 3 Allaati sisters
 2 Sons

Only the paternal grandfather and the 2 sons will inherit in this case.

Example 2: 

A man dies leaving behind

 2 Granddaughters
 1 Grandson
 1 Wife
 3 Akhyaafi sisters
 2 Haqeeqi brothers
 1 Allaati brother

Only the grandchildren and the wife inherit in this case.

Rule#3:

A son excludes all grandchildren (however low down the line, male or female).

Example:

 A man dies leaving behind

 Father
 Wife
 Husband
 2 Sons
 3 Granddaughters
 2 Grandsons

The granddaughters and grandsons will not inherit in this case.

Rule #4:

 A father excludes only his own parents (i.e. only paternal grandfather and
paternal grandmother, or higher). A mother, however, excludes all
B grandparents, not just her own parents (i.e. she excludes grandmothers on
B sides, maternal and paternal). She does not exclude paternal grandfather.

Note: Maternal grandfather is a non-heir (see Zaawil Arhaam list).

Example 1: 

A man dies leaving behind

 Father
 Paternal grandfather
 Paternal grandmother
 Maternal grandmother
 Son
The paternal grandfather and paternal grandmother will not inherit in this case.

Example 2: 

A man dies leaving behind

 Mother
 Paternal grandfather
 Maternal grandmother
 Paternal great-grandmother (father’s mother’s mother)

Only the mother and paternal grandfather will inherit in this case.

 Rule #5:

 Just as the mother excludes all grandmothers (on either side, maternal and
paternal), the grandmother will also exclude all great-grandmothers (maternal
and paternal). This pattern continues infinitely. A mother or grandmother
(however high in the chain) excludes higher grandmothers (however high in the
chain) on either side of them (i.e. maternal and paternal).

Example: A man dies leaving behind

 Paternal grandmother
 Maternal great-grandmother (mother’s mother’s mother)
 Paternal great-grandmother (father’s father’s mother)
 Son

Only the paternal grandmother and son will inherit in this case.

Rule #6:

 2 or more daughters exclude strictly granddaughters. By ‘strictly’ I mean that the

granddaughters are present without their male counterpart (grandsons). If a
grandson is also present, this rule will not apply. 1 daughter does not exclude any
granddaughters.

Example 1:

 A man dies leaving behind

 3 Daughters
 4 Granddaughters
 Father
 Mother

The granddaughters will not inherit in this case.

Example 2: 

A man dies leaving behind

 2 Daughters
 Paternal grandfather
 2 Granddaughters
 3 Grandsons

Everyone inherits in this case.

Rule #7:

 Two or more haqeeqi sisters exclude strictly allaati sisters. Again, ‘strictly’ here

means without their male counterpart (allaati brothers) being present. If an allaati
brother is also present, this rule will not apply. 1 haqeeqi sister does not exclude
any allaati sisters. As you can see, this exclusion rule is parallel to rule #6.

Example 1:

 A woman dies leaving behind

 3 Haqeeqi sisters
 7 Allaaati sisters
 5 Akhyaafi sisters
 Mother

The 7 allaati sisters will not inherit in this case.

Example 2: 

A man dies leaving behind

 2 Wives
 4 Haqeeqi sisters
 4 Allaati sisters
 1 Allaati brother

Everyone inherits in this case.

Rule #8:

 Daughters and granddaughters exclude all akhyaafi siblings (whether male or

female). A daughter/granddaughter excluding an akhyaafi brother is the only
instance in inheritance where a female automatically excludes a male. So this rule
is a bit unique. Remember, father-son exclude all siblings, while daughter-
granddaughter exclude only akhyaafi siblings.

Example: A woman dies leaving behind

 2 Granddaughters
 2 Haqeeqi sisters
 3 Akhyaafi brothers
 2 Akhyaafi sisters

The 3 akhyaafi brothers and 2 akhyaafi sisters will not inherit in this case.

D) DOCTRINE OF RETURN:
INTRODUCTION:

According to this Doctrine under the Muslim Law, the residue property returns to
the Sharers and not the Distant Kindred in absence of any heir under the
residuary category. If there is more than one Sharer then the property should be
returned in the proportionate shares and if there is one sharer then the whole of
the residue property should be transferred back to the sole sharer. The residue
cannot be transferred to the Distant Kindred because according to the rules, the
distant kindred do not get anything so long as there is a sharer or residuary alive.
EXPLANATION:
The question of ''return' arises only in the case of the sharers, because their
shares are fixed and determined. At times they exhaust the whole estate (e.g.
parents and two daughters, the parents receiving one-third, and two-thirds going
to the two daughters), and on other occasions they do not exhaust it (e.g. a
daughter and the mother, the former receiving half and the latter one-sixth).
In the latter case, the question arises as to what is to be done with the remaining
one-third and to whom should we return it. In the event of there being no specific
shares for the heirs (such as brother and uncles, who do not inherit as sharers)
the question of return does not arise.
SCHOOL OF THOUGHTS:
The four Sunni schools say: The excess of the sharers' shares is given to the
residuary. Hence if the deceased has a single daughter she will take half and the
remainder goes to the father; and in his absence, to the full or consanguine sisters
because they are residuaries with a daughter; and in their absence to the full
brother's son; and in his absence to the consanguine brother's son; and then, in
this order: the paternal uncle, the consanguine uncle and the paternal uncle's
son. In the absence of all of them, the excess will be returned to the sharers in the
proportion of their shares, except the husband and the wife, as they are not
entitled to the return.
For example;
if a decedent leaves behind mother and a daughter, the mother will take one-
sixth and the daughter half as their respective shares, and the remainder will be
given to them as 'return' by division into four parts, the mother receiving one-
fourth and the daughter three-fourths. Similarly, if he leaves behind a
consanguine and a uterine sister, the former will take the daughter's share and
the latter the mother's share.
The Shafi’I and the Maliki schools say: If there is no residuary, the remainder, after
the of the sharers' shares, will escheat to the bait al-mal.
The Imamiyyah observe: The sharers are entitled to the remainder in proportion
to their shares by way of 'return' if there exists no relative in their category; and if
such a relative exists, after the sharer takes his share the remainder will go to that
relative (e.g. when the mother and the father are heirs, after the mother takes
her determined share, the remainder shall go to the father).
If there exists with a sharer a relative who does not belong to his category, the
sharer will take his share and then also the remainder by way of 'return' (e.g.
when the decedent is survived by his mother and a brother, she, after taking one-
third as a sharer, will take the remainder by way of 'return,' the brother receiving
nothing because he belongs to the second category, while she belongs
assignment to the first category).

Answer no: 3
DISQUALIFICAN FROM INHERITANCE
Introduction:

Due too many reasons mainly personal in nature some people are disqualified
from inheriting any property; these reason are also known as “impediments to
inheritance” and it include followings conditions given below in detail.

Legal Provisions Regarding Disqualifications of Heirs under Muslim Law:

Under Muslim law, just as in any other system of law, there are certain persons
who are, although heirs not entitled to a share in the inheritance on account of
their disqualifications. These disqualifications are several. We would discuss them
one by one.

1; Difference of Religion:

A non-Muslim cannot inherit from a Muslim. As a Muslim male cannot marry

certain Kitabia women hence that wife suffers from disabilities regarding
entitlement to inheritance however a valid will or gift can be made to her.

Explanation;

A Muslim who had renounced Islam, or had in any manner ceased to be a Muslim,
will, nonetheless, be entitled to inheritance in the property of his deceased
Muslim relation whose heir he is. But his non-Muslim descendants will not be
entitled to inherit the property of the deceased Muslim. At the same time, it
should be noticed that the inheritance to the property of a convert to Islam is
governed by Muslim law.

2; Murderer:

Under the Hanafi law an heir who has caused the death of the deceased
intentionally, inadvertently, by accident, mistake, or negligence is excluded from
inheritance. Under the Shia law the heir is disqualified only if the death is caused
intentionally.

Explanation;

This is a principle of general policy, and if followed in most systems of law that an
heir who has caused the murder of the deceased is disqualified from inheritance.
In the pre-Islamic Arabia the inheritance was tagged with blood-wide and blood-
feud, and in that system, a murderer could obviously not inherit. The principle
was adopted in the Islamic law and is recognized in all Muslim countries.

3; Estoppel in Succession:

During the lifetime of deceased if somebody had denied the relationship due to
which he could be entitled to some share as heir then after the death of the
deceased he cannot claim benefit of such share.

Explanation;

Under Muslim law a child in the womb of her mother is entitled to inherit, if it is
born alive. A still-born child is treated as having been born alive if its mother was
treated with violence as a consequence of which she gave birth to it. The law
among the Shias and the Sunnis in this regard is the same.

4; Illegitimate Children:
An illegitimate child is considered to be a children of mother under Sunni law and
is fully entitled to her inheritance but such children is treated as nobody in Shia
law and is not entitled to any inheritance from mother and father her and vice
versa.
Explanation;

Under the Hanafi law an illegitimate child is not entitled to inherit from its father,
but it is allowed to inherit from its mother. The mother can also inherit the
property of her illegitimate children. The illegitimate child inherits not merely the
property of its mother but also the property of all other relations with whom it is
related through the mother.

Thus, when a Hanafi female dies leaving behind her husband and an illegitimate
son of her sister, the husband will take 1/2 as sharer and the residue will go to
sister’s son. Since the illegitimate child cannot inherit from its father, it cannot
inherit from any other relation through the father.

Under the Ithana Ashari School, an illegitimate child is treated as nullius filius, and
cannot inherit the property of any of its parents. The question of its inheriting the
property from any other person through its parents does not arise.

5; Insanity and unchastely:

Insanity and unchastely are not disqualifications under the Muslim law, and,
therefore, an insane or unchaste heir is entitled to inherit.

6; Childless widow:
Under Shia law, she cannot inherit land; however she is entitled to benefits out of
such property. Under the Ithana Ashari law, a childless widow is not entitled to a
share in her husband’s land, both agricultural as well as urban. However, she is
entitled to her share in the value of trees and buildings standing on the land as
well as share in the movable property of her husband. Immovable property
includes the debts due to her husband.

Explanation;

In Abdul Hammed Khan v. Peer Mira, it was held that a childless widow, in the
absence of other heirs, was entitled to inherit not merely her share but also rest
of the property including the land, of her husband by the application of the
doctrine of return.
7; Stepchildren:

Step children do not inherit from step relations and vice versa. Since stepparents
are not related to their stepchildren they are not entitled to inherit the property
of their stepchildren.

8; Apostasy:

An apostate cannot inherit from Muslim. As per Imam Abu Hanifa the property
earned by him as a Muslim will be distributed among his heirs and the property
earned as apostate will go to Bait-ul-mall while other Fuqha like Abu Yausaf,
Imam Shafia and Imam Malik hold the view that whole property will go to Bait-ul-
mall.

9; Child of Women Divorced by Li’an:

A child whose mother has been divorced by li’an was treated as illegitimate and
all the rules regarding illegitimacy shall apply inn such a case.

10; Difference of Allegiance:

Subject of a non-Muslim country cannot inherit from non-Muslim subject of the

Muslim state in classical Islamic law however these rules are now governed under
international law and domestic legislation in Islamic state.

11; Slavery:

A slave person cannot own property because he himself is under control of other
person or somebody rules him. As slavery is abolished to modern era in present
time so this concept has no practical value.

THE END…..