Inheritance under Muslim law follows a distinct set of rules that govern how a deceased person's estate is distributed among heirs. These rules, known as non-testamentary succession, apply when a person dies without leaving a valid will. The system is deeply rooted in Islamic jurisprudence and aims to ensure a fair and just division of property according to religious principles. This article explains the general principles of inheritance under Muslim law, highlighting key concepts, categories of heirs, and practical examples to clarify the process.
What Is Non-Testamentary Succession in Muslim Law?
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Key Principles of Inheritance Under Muslim Law
Fixed Shares for Certain Heirs
Muslim law prescribes fixed shares for certain heirs, known as Quranic heirs or residuaries. These shares are clearly outlined in the Quran and cannot be altered. For example:- A son typically receives twice the share of a daughter.
- A husband receives one-quarter of his deceased wife's estate if they have children; otherwise, he receives one-half.
- A wife receives one-eighth of her deceased husband's estate if they have children; otherwise, she receives one-quarter.
These fixed shares ensure that the closest relatives receive a guaranteed portion of the estate.
Classification of Heirs
Heirs under Muslim law are classified into three main categories:
- Sharers: Those entitled to fixed shares as specified in the Quran.
- Residuaries (Asaba): Heirs who inherit the remainder of the estate after the sharers have received their fixed shares.
- Distant Kindred (Dhawul Arham): Relatives who inherit only if there are no sharers or residuaries.
This classification helps determine the order and amount of inheritance each relative receives.
(1) Which law prevails : The property of a deceased Muslim is to be distributed according to the law of the schoolto which he belonged at the time of his death. The law of the schoolto which the heirs belong is immaterial.
(2) What property is heritable : The estate that remains after the payment of the charge, viz., funeralexpenses, debts and legacies, out of the property of the deceasedis heritable property;it includes both moveable and immoveable property.Muhammadan Law does not recognisejoint family system, and no distinction is made between ancestral and self-acquired property. All propertythat may remain after deductionof the abovementioned charges is heritable property.There is only one mode of devolution, namely, by way of inheritance.
(3) Joint Family Systemnot recognised : The law does not recognise a Muslim joint family as a legal entity. When the membersof a Muslim family live in commensality, they do not form a joint family inthe sense in whichthe term is used in Hindu Law. Again, if these members carry on business jointly and make them acquisitions, they do not constitute a joint familyfirm, in the sense in which that term is used in Hindu Law, so as to attractthe legal incidentsof such a firm. The rights of such membersand those of their heirs can be determined with reference to express or implied agreement, e.g., relationship of principal and agent, partnership, constructive trust, and the like.
Under the Muhammadan Law, the sons do not, by birth,acquire (during the life-time of the father)any interest in the propertybelonging to the father. Hence,where there is not provedthat a Muslim father and sons enteredinto a contract of partnership, the sons do not by their birth become partnerswith the fathers,the partnership propertyremains exclusively of the fatherand the sons cannot be sued with regard.to transactions for which the father alone is responsible: Tarachand v. Mohideen, (1935) 37 Bom. L.R.654
(4) No rule of primogeniture : There is no rule of primogeniture, that is, if a man leaves several sons, the eldest son gets advantage over the rest.
Shia Law: Under the Shia Law, habua, i.e., the deceasedfather’s wearing apparel,the Quran, ring and sword become the property of the eldest son.
(5) Right of heir presumptive, a mere spes successionis : Under Muslim Law, a son, or any other possibleheir does not acquire any interest in the propertyof a person by mere birth. The right of an heir presumptive comes into existencefor the first time only on the death of the propositus. During the lifetimeof the propositus, his heirs presumptive have no transferable interest in his prop erty. All that the heirs have is a mere chance of inheriting to the estate in case they survivethe propositus, that is, a mere spes successionis. Such an expectancy, therefore, cannot be the subjectof a valid transfer.
Cases : 1. Hasan Ali v. Nazo, (1889) I.L.R. 11 All. 456.-A, who has a son, B, makes a giftof his propertyto C. B, alleging that the gift was procuredby undue influence, sues C in A’s life-time on the strengthof his right to succeed to A’s property on A’s death.The court held, dismissing B’s suit, on the ground that the nature of right claimed by B was only a spes successionis, that he had no cause of action till A died.
(6) Vested inheritance : The inheritance of a Muslimvests at his death by a specified
title in each individual heir, although it may not be possibleto determine exactlywhat property shall fall to each heir, until all the prior charges, viz., funeral expenses, debts and legacies, have been paid; succession is never allowedto be in abeyance. A “vested inheritance", therefore, is the share which vests in an heir at the moment of the deathof the deceased whose propertyis claimed-. If any of the heirsdies before distribution, the share of the inheritance which has alreadyvested in him or her will pass to his or her heirs.
(7) No ‘principle of representation’ in Sunni Law : The principle of representation has no place in the Sunni Law of inheritance. In other words, the expectant right of antheir presumptive does not pass to his heirs. On the death of the heir presumptive in the life-timeof the propositus, the heirs of such an heir presumptive have ho right to claim his share in the property of the propositus* as representing the right of the heir.
(8) Suit by creditoragainst heirs : If there be no executoror administrator, the credi
tor can proceed against the heirs of the deceased. Where the estate of the deceased has not beendistributed between the heirs, he is entitledto execute the decree againstthe property as a wholewithout regard to the extent of the liability of the heirs inter se.
Problem - A Muslim dies leaving a widow and a daughter.After his death,a creditor of the deceasedsues the widow for the recovery of a debt due to him and a decree is passedin his favour to be recovered out of the estate of the deceased.In execution of the decree, the right, title and interestof the deceased in a house is sold and is purchasedby P. The daughter, who was not a party to the suit, subsequently sues P to recover by partition her share in the house. Will she succeed?
In these circumstances, it was held that the daughter, not being a party to the creditor’s suit was not bound by the decree passed in the suit, and that she was entitled to recover her share in the house:Bhagirathibai v. Roshanbi, (1919) I.L.R. 43 Bom. 412,5U.C. 18.
(9) Life-estate and vested remainder : ' An interesting questionarises as to whether life-estates and vested remainders are recognised by Islamic Law. In Humeeda v. Budlun (1872 17W.R. 525), the PrivyCouncil observed that “the creationof a life-estate does not seem to be consistent with Mahomedan usage, and there ought to be very clear proof of so unusual a transaction”.
THREE CLASSES OF HEIRS
There are three classes of heirs under the Hanafi Law,-namely
(1) sharers,
(2)‘residuaries, and
(3) distant kindred. They are also called Quranic heirs, Agnatic heirs and Uterineheirs,- respectively.
The sharers are those who are entitledto a prescribed share of the inheritance; the residuaries are those who take no presctribed share,but succeed to the residueafter the claims of .the sharersare satisfied; the distant kindred are those relations by bloodwho are neithersharers nor residuaries.
Property of the deceased, how to be distributed : The first step in the distribution of the estateof deceased Muslim,after payment of his funeralexpenses, debts, and legacies (not exceeding a third of the estateafter deducting the former), is to allot their respective shares to such of the relations as belong to the class of the sharers, the residuaries, the inheritance will be dividedamong such of the distantkindred as are entitled to succeed thereto.The distant kindredare not entitledto succeed, as long as there is any heir belonging to the class of sharersor residuaries. But there is one case in which the distantkindred will inheritwith a sharer, and that is where the shareris the husband or wife of the deceased. Thus, if a husband dies leaving only.awife and distantkindred, the wife as a sharer, will take-her share,which is 1 /4th, and the remainingthree-fourths will go to the distant kindred.
General rule of succession : Amongst relations belonging to the same class, the rule of succession is that the nearer relation excludesthe more remote.Thus, if the surviving relationsbe the father, and the father’s father, the father alone will succeed tp the whole estate, to the. entireexclusion of the grandfather, though both of them belongto the same class of sharers. Similarly, if the surviving relations be a son and a son’s son (or the son of a deceased son), the son alone will succeed to the whole estate, and the son’s son (and also deceasedson’s son) will not be entitled to the inheritance, though both belong to the class of residuaries.
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