Islamic vs Legal succession Laws - Comparison

Wassiyyah
Islamic
succession
law
vs
Legal
succession
law

Wassiyyah
ISLAMIC ESTATE PLANNING
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INDEX

1. What is the origin timeline of worldwide inheritance law?

2. What are the sources of legal succession laws?

3. What are the sources of Muslim succession law?

4. When are the Muslim inheritors eligible to receive inheritance
share under Islamic law and legal laws?

5. What are the reasons for inheritors to receive inheritance share
under Islamic law?

6. What are the reasons for inheritors to receive inheritance share
under Legal laws?

7. Where the Islamic laws differ the most from legal laws
regarding inheritance?

8. What are the similarities between Islamic and Legal
Inheritance laws?

9. What resources are available on Wassiyyah to learn more?
Copyright ©Wassiyyah.com

What is the origin
timeline of worldwide
Inheritance laws?
1

Historical origin timeline for inheritance laws
Jewish Inheritance Law

Ref. Jewish holy book ; Torah , Chapter; Numbers 27:8-11 and
1300BC
610 Muslim Inheritance Law

Ref. Muslim holy book Quran, Chapter; An-Nisa (4: 7-13) and (4: 176)
British Succession Law

Ref. Primogeniture law and later, Statute of Wills was passed in 1540
1066
Canada Succession Law

Ref. Civil code of lower Canada
1865
1720 USA Succession Law

Ref. English inheritance law – Adopted in Colonial period
India Succession Law

Ref. The Indian Succession Act, 1865 and amended in 1925
1866
Hindu Succession Law

Ref. Hindu Succession Act, 1956
1956
China Succession Law

Ref. Law of Succession of the People’s Republic of China
1985
1722 Australia Succession Law

Ref. Privy Council of memorandum – Adopted in Colonial period

ABOUT TIMELINE
The historical timeline periods mentioned in the
previous slide are approximate only. The
inheritance laws for USA, Canada, and Australia
are governed by States, Provinces, or territories.
The inheritance laws for Asian and African
countries are governed by country.

ABOUT TIMELINE
Most countries have inheritance laws updated
in the 18th and 19th centuries from the old
English law of the colonial period. The oldest
religious law is the Jewish inheritance law, and
the second oldest is the Muslim inheritance law.
If you want to know more about inheritance or
succession laws, legislations or acts, please visit
www.Islamicinheritancelaw.com.

What are the sources
of Legal succession
laws?
2

There are three main sources in general; however, they may di
ff
er from
one country or jurisdiction to another.

Constitutions

Every citizen is promised their inheritance rights under the countries'
constitutions.

Federal Civil or Family laws

These laws form the foundations for a family, society, and community that
may impact many aspects of citizens’ and immigrants’ life.

Jurisdictional succession Laws

Most countries have succession laws at the federal level except for a few,
for example, United states, Canada, Australia, and part of Europe.
SOURCES OF LEGAL LAWS

What are the sources
of Muslim succession
law?
3

There are four sources of the Islamic law that includes the
Holy Quran, Sunnah, Ijma, and Qiyas.

First: HOLY QURAN

The
f
irst primary source for Islamic law

Second: SUNNAH

The Sunnah (i.e., Sayings of Prophet Muhammad, Sallallahu
Alayhi Wassalam) includes the volume of books of Hadith.
SOURCES OF ISLAMIC LAW

Third: IJMA

Ijma, the consensus of the Prophet's companions, is
the third source of Islamic law when no authority is
found under Holy Quran and Sunnah.

Fourth: Qiyas

Qiyas, the analogical deduction, is the last source of
Islamic law when there is no possibility of the other
three sources.
SOURCES OF ISLAMIC LAW

When are the Muslim
inheritors eligible to
receive Inheritance under
Islamic and Legal laws?
4

There are three conditions to be met legally and Islamically for Muslim
inheritors to receive a share.

FIRST: Death of Testator or Grantor has to be ascertained.

SECOND: There must be assets left to distribute after all the debts
payment and expenses are paid.

THIRD: There must be inheritors to be available to receive an
inheritance. This is where it becomes interes
ti
ng and Wassiyyah's estate
plans to put all necessary default protec
ti
ons through legal wording so that the
assets will go to charity rather than going to the government.
ELIGIBILITY UNDER ISLAMIC & LEGAL LAWS

What are the reasons
for inheritors to receive
Inheritance share
under Islamic law?
5

There are three reasons as per Islamic law for inheritors to be
eligible to receive their inheritance.

FIRST: Nasab, i.e., Blood relations tie, is one of the
f
irst reasons
for inheritance.

SECOND: Sabab or Nikah, i.e., Marital tie must exist at the death
of the Testator or Grantor and the marriage must have followed
the Islamic marriage ceremony called "Nikah" in Arabic.

THIRD: Friendship bond is called "Wala" in Arabic.
REASONS TO RECEIVE INHERITANCE

What are the reasons
for inheritors to receive
Inheritance share
under Legal law?
6

There are three reasons as per legal laws for inheritors to
be eligible to receive their inheritance.

FIRST: Blood rela
ti
ons are subject to legal laws.

SECOND: Registered marriage under government body. It does
not require legally that you follow an Islamic marriage ceremony
(called "Nikah" in Arabic) for most non-Muslim majority countries.

THIRD: Common law partners, which is now becoming the trend
in secular or legal laws for many non-Muslim majority countries.
REASONS TO RECEIVE INHERITANCE

Where the Islamic law
differs the most from
legal laws regarding
Inheritance?
7

We have already described a few but we will review more below.

FIRST: Blood rela
ti
ons subject to legal laws di
ff
er largely due to the
principle di
ff
erence in marriage ceremony Nikah vs. Registered vs. Common
law.

SECOND: Share of inheritance which may di
ff
er dras
ti
cally under Islamic
law and Legal laws. The major modern debate circles mostly around the
inheritance share for widows under Islamic law.

THIRD: Testamentary freedom is restricted to one-third under Islamic law,
which may di
ff
er in legal laws.
DIFFERENCES

FOURTH: Requirements for choosing witnesses di
ff
er under
Islamic law and legal laws.

FIFTH: Verbal Islamic Will or Wasiyat declara
ti
on is acceptable
under Islamic law, which is not acceptable in most legal laws.

SIXTH: The "Estate" is a legal term but under Islamic law, the
“Muslim estates” word is used. Similarly, “Estate planning” is the
most common term from a legal perspec
ti
ve, but under Islamic law,
the “Islamic estate planning” or “Muslim estate planning” term is
used.
DIFFERENCES

What are the
similarities between
Islamic and legal
inheritance laws?
8

Many people will surprise but there are similarities between
Shariah and Legal. We are mentioning a few of them below.

Share for Spouse and Children

Both Shariah and Legal laws favor the inheritance share for
Spouse and Children.

Paying o
ff
debt

Both Shariah and Legal laws align in paying o
ff
debt before
Inheritance gets distributed.
SIMILARITIES

Need an estate plan

Both Shariah and Legal laws emphasize an individual
should have their estate plans (i.e., Islamic Wills, Trust,
or Waqf). It's a legal and religious obligation for Muslims.

Executors and Witnessing requirements

Shariah and Legal laws align with the executors' and
witnesses’ requirements with few minor exceptions.
SIMILARITIES

What are the
resources available
from Wassiyyah?
9

RESOURCES
Visit www.wassiyyah.com to create your
smart and solid Islamic estate plan.

Visit www.islamicinheritancelaw.com to
learn more about Islamic inheritance
law.

RESOURCES
Create legally and Islamically compliant Islamic Wills,
Wasiya, Wassiyya, Wassiya, Wasiyat, Wassiyyat, Wasiyyat,
Wasiyah, Wasiyyah, Islamic Will, Muslim Will, Muslim Wills,
or simply last Wills.

Create Jurisdiction (i.e., State, Province or Territory)
speci
f
ic Muslim Living Will, Muslim Power of Attorney for
Property, and Muslim Power of Attorney for Healthcare for
Canada, the United States, Australia, and part of Europe.
Create a country speci
f
ically for the rest of the world
countries.

Islamic vs Legal succession Laws - Comparison

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