Succession and inheritance are important concepts in Muslim law, which govern the distribution of property and assets after a person’s death.
Under Muslim law, inheritance is governed by a set of principles that are based on the Quran, the sayings of the Prophet Muhammad, and the consensus of Muslim scholars.
General Principles of Succession and Inheritance under Muslim Law
- Faraid: The distribution of property is governed by the principle of faraid, which is a system of Islamic inheritance laws that sets out specific rules for the distribution of property among the deceased’s heirs. The faraid system is based on the degree of relationship between the deceased and the heirs, and it takes into account the number of heirs, their gender, and their status as either agnates (related through the father) or cognates (related through the mother).
- Testate and Intestate Succession: Under Muslim law, a person may either make a will (testate) or die without making a will (intestate). In the case of a testate succession, the distribution of property is governed by the terms of the will. In the case of an intestate succession, the property is distributed according to the faraid system.
- Right of Preemption: Under Muslim law, certain heirs have a right of preemption, which allows them to purchase the shares of other heirs in specific types of property, such as agricultural land or buildings used for residential purposes.
- Debts and Funeral Expenses: Before the distribution of property, any outstanding debts and funeral expenses must be paid off from the deceased’s estate.
- Disinheritance: Under Muslim law, a person may not disinherit their legal heirs completely. However, they may make provisions in their will for a lesser share of the property to be given to a particular heir, subject to certain conditions.
