Principles of Inheritance under Muslim Law (Sunni Law)

Theoretical overview

Law of inheritance under Muslim law is very different from the Hindu law. There is no concept of joint family under Muslim law. There is no concept of family property as well as right by birth. The property can be transferred only after the death of the owner.

There are certain persons who are disqualified under the law of inheritance. These are as follows: –

1. A person causing death of another cannot inherit his property by inheritance
2. Only a Muslim man can inherit the property from a Muslim
3. Daughters are excluded from the inheritance
4. Illegitimate child – when both parents are in prohibited degrees could not have married each other cannot inherit their property to their children.

Other general principles: – 

1. The property becomes heritable only after death by deducting funeral expenses, debts and legacies.
2. The property is inherited on the factor of closeness to the diseased
3. The right of inheritance is not a birth right
4. A person causing death of another cannot inherit his property by inheritance
5. Any person who changes his faith cannot be a part of inheritance
6. When a person dies without any legal heir, the state will inherit its property.
7. A child in womb can also inherit the property

Testamentary succession –

This succession is based on the will or the wasiyat. No formality or other written document is needed for the wasiyatnama. Only 1/3^rd rules apply to all the wills as their aim is to cause no injury to the lawful heirs.

Where bequest is more than 1/3^rd is made to two or more person and the heirs do not give their consent, the shares are reduced proportionally to bring it down to one third or in other words, the bequest abates relatedly. This rule applies only to the Sunni law.

Intestate succession – 

After the death of a Muslim, there are certain things that need to be done which are as follows: – 

1. Payment of funeral and burial expenses
2. Payment of the debts
3. Determine the will out of which only 1/3^rd can be transferred.
4. Distribute the remainder of estate and property to relative according to the Muslim law of inheritance. This is called intestine succession.

Classes of heirs – 

There are four classes of heir which are first; sharers (includes 8 females and 4 males), second; residuaries, third; distant kindred, fourth; escheat (the state).

Rule of exclusion

• It provides rule for the inheritance of property to the nearer in degree and exclude remoter
• Father will exclude paternal grandfather and a son would include a son’s son.
• Full blood will exclude half blood and uterine relationships won’t be excluded
• Five primary heirs would not be excluded which include surviving spouse, son, daughter, mother, father.

Distribution of share –

1. Husband – he will get ¼ share. In case there is no lineal descendant, he will get ½ share.
2. Wife – if wife and children are together, then wife will get 1/8 share. In case there is no children, she will get ¼ share. Where there are multiple wives, ¼ will be equally divided among them.
3. Son and daughter – single daughter will get ½(half) share. If case of more than one daughter, they will get 2/3^rd share. Son will always get double share of each daughter.
4. Mother – if she inherits with her children, she will get 1/6 share. In case of no children, she will get 1/6 share.
5. Father – he will have a fixed share of 1/6^th share.

Doctrine of Aul(increase)

When sum total of percentage of property shared exceeds the value 1, the percentage share will be equally less from each’s share to make it equal to one.

Doctrine of Radd (return)

If nobody is alive to take balances share after the fixed share is given and there is balance is left, then it is called as excess share and is returned to the people with fixed share.

Relevant section

It is governed under shariat act which is not codified in itself

Points to remember

• There is no concept of joint family under Muslim law.
• There is no concept of family property as well as right by birth
• The property can be transferred only after the death of the owner.
• A person causing death of another cannot inherit his property by inheritance
• Only a Muslim man can inherit the property from a Muslim
• Daughters are excluded from the inheritance
• Only 1/3^rd rules apply to all the wills as their aim is to cause no injury to the lawful heirs.