This slide show would help assist those who are interested to learn the basics of Sunni Law of Inheritance. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life.
This slide show would help assist those who are interested to learn the basics of Shia Law of Inheritance. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life.
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it.
It also refers to property which an intestate leaves behind him to pass to his heirs.
The Chapter under HSA containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”.
When a Hindu male dies intestate in India, that is without leaving a will, the devolution of his property upon his heirs is done by the rules specified under the Hindu Succession Act 1956.
Maintenance is known as Nafaqa and included Food, Cloth and Residence and it have been pointed out that it should include expenditure education of children.
Primary obligation of maintenance arises out of marriage- wife and children
Muslim man is bound to maintain his wife as long as she is faithful to him and obeys his reasonable orders.
No maintenance in irregular marriages and after divorce but in context of divorce SC have laid down decisions.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Islamic law of inheritance An IntroductionShahbaz Cheema
This presentation would briefly explain Islamic law of inheritance. Further, there are two slides at the end which would present a brief analysis and comparison between Sunni and Shia laws of inheritance.
This slide show would help assist those who are interested to learn the basics of Shia Law of Inheritance. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life.
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it.
It also refers to property which an intestate leaves behind him to pass to his heirs.
The Chapter under HSA containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”.
When a Hindu male dies intestate in India, that is without leaving a will, the devolution of his property upon his heirs is done by the rules specified under the Hindu Succession Act 1956.
Maintenance is known as Nafaqa and included Food, Cloth and Residence and it have been pointed out that it should include expenditure education of children.
Primary obligation of maintenance arises out of marriage- wife and children
Muslim man is bound to maintain his wife as long as she is faithful to him and obeys his reasonable orders.
No maintenance in irregular marriages and after divorce but in context of divorce SC have laid down decisions.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Islamic law of inheritance An IntroductionShahbaz Cheema
This presentation would briefly explain Islamic law of inheritance. Further, there are two slides at the end which would present a brief analysis and comparison between Sunni and Shia laws of inheritance.
Introduction to Sociology Lesson 11 Family as a Social Ins.docxnormanibarber20063
Introduction to Sociology Lesson 11
Family as a Social Institution
Introduction
¤ We are now entering a new section in the course. We will
now delve deeper into social institutions.
¤ This week we will discuss family as a social institution.
¤ Before we can talk about family as a social institution, we
must learn about institutions in general.
Social Institutions
¤ Social institutions are actually sets of beliefs, behaviors,
and rules that are aimed at fulfilling the needs of society.
¤ Social Institutions include:
¤ family,
¤ religion,
¤ education,
¤ economy, and
¤ Governments.
Family as a Social Institution
¤ Family is the social institution responsible for:
¤ Socialization of children
¤ Replacing personnel (reproduction)
¤ Preserving order (child rearing, regulation of sexual behavior)
¤ Economic support
¤ Adult intimate relationships
¤ Let us step away from family as a social institution for a
moment and look at the family as a more traditional
concept.
What is Family?
¤ Families are relationships in which people:
¤ live together with commitment,
¤ form an economic unit
¤ care for any young,
¤ and consider their identity to be significantly attached to the
group.
Different Family Types
¤ Most people will be a part of two different kind of families
in their life time: the family of orientation and the family of
procreation.
¤ We will take a closer look at both on the next screens.
Family of Orientation
¤ The first type of family that we are a part of is our family of
orientation.
¤ Family of orientation
¤ The family in which you are born or are adopted and in
which early socialization usually takes place
¤ This family includes you, your parents, your sisters and
brothers…
My Family of Orientation
My family of
orientation is
made up of
me, my
brother, my
four sisters,
and my
parents.
Family of Procreation
¤ The second type of family that we are a part of is our
family of procreation.
¤ Family of procreation
¤ The family we form by having or adopting children.
¤ If you are married and have children, or if you just have
children, your children, spouse, if applicable, and you make
up your family of procreation.
Marieʼ’s Family of Procreation
Marie is my
oldest sister.
Marieʼ’s
family of
procreation
is made up
of her, her
husband,
and their
three
children.
More Variations of Family
¤ Families can also be categorized as nuclear and
blended.
¤ A nuclear family is a more traditional family consisting of
a mother, a father, and children.
¤ A blended family is one that is created through
remarriage, and it can include step children and step
parents.
Extended Family
¤ Extended family
¤ A family unit composed of relatives (such as grandparents,
uncles, and aunts) in addition to parents and children who
live in the same househ.
Muslim Law of inheritance is very necessary to know by the Muslim all around the world. It may help to prevent misunderstanding and chaos among families about to divide properties among the conventional heirs.
Qanun-e-Shahadat Order: Analysis of Basic PrinciplesShahbaz Cheema
These slides summarize and analyze some basic principles and rules of the QSO. The purpose is to introduce the subject only without any claim to have covered it in toto.
Analysis of decisions of Pakistan's Superior Courts on Will & Inheritance Shahbaz Cheema
These slides summarize some basic principles of wills and inheritance as applicable in Pakistan. In this regard, they highlight the role of the superior judiciary. In the end, they pinpoint some bad precedents set by the judiciary on the Islamic law of inheritance.
Salient Features of Pakistan's ConstitutionShahbaz Cheema
This presentation introduces to beginners to salient features of Pakistani constitution which include federalism, parliamentary form of government, provincial autonomy, independent judiciary and Islamic polity.
Role of Federal Shariat Court in Islamization of Laws in PakistanShahbaz Cheema
This slide show explains the role of federal shariat court of Pakistan in the domain of Islamization of laws. The court has contributed in diversified ways in polity of Pakistan.
Financial Federalism in Pakistan & National Finance CommissionShahbaz Cheema
Pakistan's federal constitutional system provides how its finances powers and resources would be distributed among various federating units. This slide show introduces the readers about that.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
3. Order of Priorities in
Inheritance
1. Sharers (Quranic Heirs)
2. Residuaries (Agnatic Heirs)
3. Radd/Return to Sharers
4. Distant Kindred (Uterine Heirs)
5. Radd/Return to Spouse
6. Universal Legatee
7. Bait ul Maal
4. Male Sharers
1. Father 1/6 (In presence of children)
2. True grandfather 1/6 (In absence of father)
3. Husband 1/4 (In presence of children) or 1/2
(In absence of children)
4. Uterine brother 1/6 (If alone and in absence
of father) or 1/3 (Two or more than two)
5. Female Sharers
1. Mother 1/6 (In presence of children)
2. Paternal grandmother 1/6 (In absence of mother)
3. Maternal grandmother 1/6 (In absence of mother)
4. Wife 1/8 (In presence of children) or 1/4 (In absence of children)
5. Daughter 1/2 (In absence of son and alone) or 2/3 (Two or more than
two)
6. Son’s daughter 1/2 (In absence of daughter and alone) or 2/3 (Two or
more than two)
7. Full sister 1/2 (In absence of father and children, and alone) or 2/3
(Two or more than two)
8. Consanguine sister 1/2 (In absence of full sister and alone) or 2/3
(Two or more than two)
9. Uterine sister 1/6 (In absence of father and alone) or 1/3 (Two or
more than two)
6. Residuaries
Three main categories of Residuaries:
1. Residuaries in Their Own Right
2. Residuaries in Another’s Right
3. Residuaries Together with Another
7. Residuaries in Their Own Right
This category is subdivided into four:
1. Male descendants how low so ever (e.g. son and
son’s son)
2. Male ascendants how high so ever (e.g. father and
true grandfather)
3. Deceased’s brother how low so ever (e.g. full and
consanguine brother and their son)
4. Brother of male ascendants how low so ever (e.g. full
uncle and consanguine uncle and their son)
8. Principles for Distribution among
Residuaries in Their Own Right
1. Preference on the basis of different directions of
relationship with deceased (e.g. son over father,
father over brother, brother over uncle)
2. Preference on the basis of various levels of
relationship to deceased (e.g. son over son’s son,
father over grandfather, consanguine brother over
full brother’s son)
3. Preference on the basis of proximity of relationship
with deceased (full brother over consanguine
brother, full brother’s son over consanguine
brother’s son)
9. Residuaries in Another’s Right
These are female Sharers who are converted into
Residuaries in presence of their male counterparts
provided the latter possess the same level of
relationship with deceased as well as the same
proximity of relationship, e.g.
1. Daughter along with son
2. Son’s daughter along with son’s son
3. Full sister along with full brother
4. Consanguine sister along with consanguine brother
10. Residuaries Together with Another
• Daughter(s) converts sister(s) (full as well as
consanguine) into this category.
• Daughters remain as sharers even after
conversion of sisters as residuaries. Once
daughters have their prescribed share, the rest
will be inherited by sisters.
• After conversion, sisters start behaving like their
male counterparts (e.g. full sister excludes
consanguine brother and full brother’s son).
11. Principle of Exclusion
• Exclusion of one legal heir by another from inheritance
on the basis of nearness in relationship with deceased
• Two kinds of Exclusion: Partial and Complete
• Six legal heirs cannot be completely excluded:
a. Father,
b. Mother,
c. Son,
d. Daughter,
e. Husband, and
f. Wife.
12. Male Heirs Completely Excluded by Other
Legal Heirs
a. True grandfather is excluded by father. Moreover, true grandfather who is nearer in his
relationship to deceased will exclude the remoter true grandfather.
b. Full brother is excluded by father and male descendent.
c. Consanguine brother is excluded by (i) those who exclude full brother, i.e. father and male
descendent, (ii) full brother, and (iii) full sister when she becomes the residuaries together
with another.
d. Uterine brother or sister is excluded by (i) male ascendant and (ii) male and female
descendent.
e. Son’s son is excluded by son. Similarly, son’s son will exclude the other remoter male
descendents, e.g. son of son’s son.
f. Full brother’s son is excluded by (i) father or true grandfather, (ii) son or son’s son, and (iii) full
and consanguine brother.
g. Consanguine brother’s son is excluded by anyone who excludes full brother’s son and by full
brother’s son.
h. Full uncle is excluded by consanguine brother’s son and all those who exclude consanguine
brother’s son.
i. Consanguine uncle is excluded by full uncle and all those who exclude full uncle.
j. Full uncle’s son is excluded by consanguine uncle and all those who exclude consanguine uncle.
k. Consanguine uncle’s son is excluded by full uncle’s son and all those who exclude full uncle’s
son.
13. Female Heirs Totally Excluded by
Other Legal Heirs
a. Paternal/maternal grandmother is excluded by
mother.
b. Son’s daughter is excluded by (i) son, and (ii) two or
more than two daughters except when she becomes
the residuaries in another’s right along with son’s son.
c. Full sister is excluded by (i) father, and (ii) any male
descendent.
d. Consanguine sister is excluded by (i) father, (ii) any
male descendent, (iii) two or more than two full
sisters, and (iv) full sister when she becomes the
residuaries together with another.
e. Uterine sister is excluded by (i) male ascendant, and (ii)
a male and female descendent.
14. Principle of Radd/Return
• It is applied when we are required to
distribute estate among sharers only in
absence of residuaries.
• Sharers may not consume the entire estate in
the first round of distribution. Hence, they are
once again given some share in the estate as
per their original prescribed share.
• Spouses are not entitled to have any property
at this stage of application of Radd.
15. Distant Kindred/Uterine Heirs
• The main illustrations of this category are:
a. Maternal relatives (Maternal grandfather, maternal
uncle and aunt, their children),
b. Paternal relatives not included in Sharers and
Residuaries (daughter’s children, sister’s children,
paternal uncle’s wife)
• Three manners of distribution:
a. Ahl al-Rahm (now obsolete)
b. Ahl al-Tanzil (followed by Hanbali, Shafi, and Maliki)
c. Ahl al-Qarabah (followed by Hanafi and applied in
Pakistan)
16. Ahl al-Qarabah
• Division of distant kindred into four classes:
a. Descendants of deceased (daughter’s children)
b. Ascendants of deceased (false grandfather, false
grandmother)
c. Relatives of deceased’s parent (sister’s children,
brothers’ daughter, uterine brother’s son)
d. Relatives of deceased’s grandparents (paternal
uncle’s wife, maternal uncles and aunts, and their
children)
17. In Absence of Distant
Kindred
• Return to Spouse if there is no Sharer except
deceased’s Husband or Wife, Residuaries and
Distant Kindred.
• Deposit to Bail ul Maal if none of the above
categories of legal heirs exist including
deceased’s spouse.
18. Rule of Aul
• When the calculated shares of Sharers exceed
from the supposed shares, the latter are also
increased to correspond the figure of the
calculated shares.
• After application of Aul, though number of shares
remain same but the quantity of shares decrease
and sometimes substantially.
• 6 may convert into 7, 8, 9, and10
• 12 may convert into 13, 15, and 17
• 24 may convert into 27.
19. Illustrations
• Husband, father, mother, and sons
• Wife, true grandmother, mother, father, son, and daughter
• Wife, father, grandson, daughter, full brother
• Wife, father, and daughters
• Full sisters, uterine brother, true grandmother, and consanguine brother
• Husband, mother, full sister, and uterine sister
• Husband, father, mother, and daughter
• Husband, daughters, and uterine brother
• Husband, full sisters, and uterine sisters
• Daughter and mother
• Wife and daughter
• Wife and maternal grandfather
• Wife
• Wife, granddaughters, and consanguine brother