the present slides relate to the concept of Inheritance and Succession in Islamic law. Useful for Law students and Professionals.

1. -SHIVANI SHARMA
-ASSISTAT PROFESSOR
-SARDAR PATEL SUBHARTI INSTITUTE
OF LAW

2. INTRODUCTION
• Fyzee - Inheritance in Islam is like rest of the Islamic personal
law i.e. combination of pre-Islamic ancient Arabian custom and
the rules introduced by the Prophet.
• Prophet - “the knowledge of prescribed shares in Islamic
system of inheritance constitutes one half of the sum total of
human knowledge”
• Pre Islamic customs are the combination of rules laid down in
Quran and customs and usages prevailing among Arab tribes
near Mecca and Madina at the time of Prophet.

3. REFORMS MADE BY PROPHET
• Prophet did not abrogate the pre Islamic customs but
only amended it according to the need of the time.
• The main reforms introduced were that instead of
agnate male relations, Prophet substituted blood
relation of any degree whatsoever together with
relation by marriage.
• He created a list of sharers including, females,
cognates and other female heirs which are termed as

4. DIFFERENCE BETWEEN PRE ISLAMIC AND
ISLAMIC LAW
PRE ISLAMIC
• The nearest male agnate
succeeded to the entire estate
• Females and cognates were
excluded
• Descendants were preferred
to the ascendants
• When agnates were equally
distant; the estate was
divided per capita
NEW REFORMS
• The following were entitled to
inherit:
1. Husband and wife
2. Females and cognates
3. Parents and ascendants were
given right to inherit even
when there are male
descendants
4. The share of female is half of
corresponding male’s share

5. WHAT ARE HERITABLE PROPERTIES
•Includes both movable and immovable property
•No distinction between ancestral and self-
acquired property nor between real and
personal property
•No joint family or common ownership of an
ancestral property – the rights and title are
determined only by execution ad registration if

6. • What is left after deducting the following items from
the property left by the Muslim deceased is only his
heritable property:
1.Funeral expenses
2.Expenses of obtaining Probate and Letters of
Administration from the Court
3.Wages for personal service to the deceased within
three months of his death
4.Debts
5.Legacies – subject to limits of testamentary powers

7. WHEN INHERITNANCE OPENS
• On the death of the person, before his death nobody
can claim any right in the property on the bases of
being heir-apparent or heir-presumptive.
• A right by birth is unknown to Muslim Law
• No joint ownership
• No coparcenary of joint family
• The right comes into existence only after death

8. WHO ARE ENTITLED TO INHERIT UNDER
SUNNI LAW
ORDER OF INHERITANCE
IN SUNNI LAW
SHARERS
(QURANIC HEIRS)
RESIDUARIES
(AGNATES)
DISTANT KINDERED
(UTERINE HEIRS)

9. SHIA LAW
CONSANGUINITY
(NASAB)
SPEACIAL CAUSES
(SABAB)
WHO ARE ENTITLED TO INHERIT UNDER SHIA
LAW

10. SPECIAL CAUSE
BY MARRIAGE
(ZOUJIYAT)
SPECIAL RELATION
(not in India)
(WALA)
CONSANGUINITY
(BY BLOOD)
GROUP 1
PARENTS, CHILDREN
GROUP 2
GRANDPARENTS, SIBLINGS
GROUP 3
PATERNAL & MATERNAL UNCLES
& AUNTS

11. RULES OF
INHERITANCE

12. 1. RULE OF REPRESENTATION
• It may be understood in two manners for the purpose of
deciding:
1. What persons are entitled to inherit and;
2. The quantum or the share of any given person on the footing
that he is entitled to inherit
• Shia law – Son of a pre deceased son is an heir; division by per
stripes rule
• Sunni law – Son of a predeceased son is not an heir because the
pre deceased son never inherited any property from his father

13. 2. RULE OF EXCLUSION
• Every person, even a child in womb is entitled to inherit unless
he is specifically excluded
• The following are the grounds for exclusion:
1. Homicide; Sunni- not entitled; Shia only when intentional
2. Illegitimacy; Sunni- inherit from mother; Shia- not entitled
3. Slavery - Abolished
4. Difference of Religion and Country – not applicable in India
5. Estoppel in Succession – denies relation
6. Doctrine of exclusion (Hujab) – mostly in Sunni law
7. Exclusion of daughters from the right of inheritance- not
applicable now

14. DOCTRINE OF EXCLUSION
RULE 1
• A person who is
related to
prepositus by
another is excluded
• E.g. Presence of
father excluded
brother as brother
is related to
prepositus through
father
RULE 2
• An heir nearer in
blood excludes the
remote
• A son excludes
grandson
RULE 3
• A person excluded
may exclude others
• i.e. an excluded
persons excludes
the share of others

15. EXAMPLES:
1. FATHER= 1/6 (AS SHARER BECAUSE OF DAUGHTERS)
• FATHER’S FATHER= EXCLUDED
• TWO DAUGHTERS= 2/3
• MOTHER=1/6 (BECAUSE OF DAUGHTERS, SISTERS)
• MOTHER’S MOTHER= EXCLUDED
• SON’S DAUGHTER= EXCLUDED BY DAUGHTERS
2. MOTHER=1/6 (BECAUSE OF SISTERS)
• SISTERS= EXCLUDED
• FATHER=5/6 (RESIDUARY)

16. 3. RULE OF PRIMOGENITURE
•Where a person has several sons, the eldest has
a preferential claim over the estate of the
deceased father.
•In general the rule is not applied in
Mohammedan law
•In Shias, however, the exclusive right of the
eldest son of articles of father as his wearing

17. 4. RULE OF VESTED INTEREST
• It is well established rule of Muslim Law that property
never remains in a state of abeyance but on the death
of proprietor passes to his various heirs.
• The share immediately after the death vests in the
heirs
• Two stages of inheritance are:
1.Vesting of inheritance
2.Distribution of inheritance

18. •Stages of distribution of inheritance:
1.Determination of heritable property
2.Determination of exact shares of each party
3.Obtaining the necessary certificates from the
court
•If an heir dies before the distribution, his share
is given to his heirs
•An heir even before the distribution can
transfer his share to a purchaser

19. 5. RULE OF SPEC SUCCESSIONIS
• Unlike the rule of vested interest, the rule of spec
successionis applies before death of the prepositus.
• The core principle of the Islamic law of inheritance is
that the inheritance only opens after the death and no
one can claim any interest in the property before the
death.
• Hence during the lifetime of a person all that an heir
apparent has is mere ‘chance of inheriting’ i.e. spec

20. DIVISION OF SHARES

21. SHARER RESIDUARY
DISTANT
RELATIVE
SUNNI
LAW

22. GENERAL RULE REGARDING DIVISION B/W
SON AND DAUGHTER
• Son takes double the daughter’s share.
• Daughter becomes the residuary when there is son.
• Daughter takes half the son’s share
• When there is no son, daughter takes half the property
• E.g. There are 4 sons and one daughters, therefore daughter
will have one share and sons will have two shares each. So the
estate would be divided into 9 parts.

23. SHARERS IN PRESENCE IF TWO or MORE
(COLLECTIVELY)
IN ABSENCE OF
SON/CHILD
HUSBAND 1/4 presence of child - 1/2
WIFE 1/8 presence of child 1/8 1/4
DAUGHTER RESIDUARY when son is
there
2/3 1/2
FATHER 1/6 presence of child - RESIDUARY
MOTHER 1/6 and siblings - 1/3
TRUE GRAND FATHER 1/6 when no father - RESIDUARY
MATERNAL GRAND
MOTHER
1/6 when no mother 1/6 -
PATERNAL GRAND
MOTHER
1/6 when no mother,
father
1/6 -
SON’S DAUGHTER 1/6 if there is one
daughter and no son
2/3 1/2 when no son,
daughter or son’s son
SON’S SON’S DAUGHTER 1/6 when there is only 1
daughter/son’s daughter
2/3 1/2 when no son,
daughter, son’s son or
son’s daughter or son’s
son’s son
UTERINE SIBLING 1/6 when no child, son 1/3 -

24. I CLASS - Son, Daughter, Wife,
Parents
II CLASS – Grand
Parents, Brother/Sister
III CLASS –
Maternal/Paternal
Uncles
SHIA LAW

25. PERSONS CONDITIONS TWO UNDER SPECIAL
CIRCUMSTANCES
HUSBAND 1/4 when there is
lineal descendant
- 1/2 when no
descendant
WIFE 1/8 when there is
lineal descendant
1/8 1/4 when no
descendant
FATHER 1/6 when there is
lineal descendant
- RESIDUARY
MOTHER 1/6 when there is
lineal descendant
- 1/3 in other cases
DAUGHTER 1/2 when no son 2/3 RESIDUARY with the
son
UTERINE SIBLING 1/6 when no
descendant or
parent
1/3
SISTER/CONSANG-
UINE SISTER
1/2 when no
descendant or
parent or Grand
2/3 RESIDUARY