Introduction
Muslim Succession Law is founded on the Quran, Sunna, Ijma, and Qiyas (findings in light of similarity on what is correct and just as per great standards). In Muslim law, there are two categories of beneficiaries: sharers, who can take a specified offer in the deceased’s property, and reliquaries, who can take the remaining offer.
The Indian administrative plan bases legacy requirements on the type of property. Non-testamentary succession invokes the Muslim Personal Law (Sharia) Application Act, 1937. The legacy of a man who dies testate, or with a will, is administered by Shia and Sunni sharia Law. The Indian Succession Act, 1925 governs Muslim property in West Bengal or near Madras or Bombay High Court. This is a testamentary-only circumstance.
Shia inheritance
Legal heirs are categorised.
Shia law exclusively recognises sharers and residuaries. Shia law prohibits distant kinship. Shia law has three classes of rightful heirs. These classes then explain how an inheritance is allocated among legal heirs and how to prioritise one over another.
Understanding these groupings helps with Shia inheritance law, as components are related to them.
Classes:
PREMIRE
It has parents and kids (male and female). Children include all of their ancestors, no matter how remote, male or female.
CLASS 2: Grandparents, full, consanguine, and uterine siblings, and their offspring, regardless of gender.
CLASS 3: Paternal uncles, aunts, and children, regardless of gender
Spouses’ inheritance
Wives aren’t included in any of the three Shia heir groups. In Shia law, the following groups are heirs by consanguinity, while couples are heirs by affinity.
Sabab refers to successors by affinity, while Nasab uses consanguinity.
Under Shia law, the distribution is managed per stripes (as per stocks), therefore if each son had been alive, he would have had his own half to distribute with his heirs. Sons’ offspring are not individually qualified legal heirs; they represent their parents. They’ll get what their dead parents would have gotten. Two grandchildren are related to the deceased grandfather by an equivalent father, therefore their share will be half that of the third grandson, who is the sole heir of his father.
The notion of representation is also relevant to heirs of other groups in Shia law, such as collaterals (brothers and sisters) and uncles and aunts.
RADD
When a Shia Muslim’s heirs devour his or her entire estate and forget something, Radd is implemented. Radd is common in Shia law.
If the dead was a Shia Muslim, his daughter will get the entire estate, half as a sharer and half after Radd. The daughter is in category 1, hence the uncle is in category 3. If no category 1 or 2 heirs exist, the uncle can inherit.
Shia academics have developed various onerous requirements to preclude the use of Aul/Increase under Shia inheritance law.
Sunni inheritance
Recognizing these classifications helps comprehend Shia inheritance law, as they are linked to other components of the system. These categories are:
First-year
1.Parents come first
2. kids rank second (male and female). Children include
3. distant descendants, male or female.
First-year
1. Grandparents, regardless of gender,
2. Full, consanguine, and uterine siblings
3. descendants of both sexes
3-year-olds
uncles and aunts,
uncles and aunts
3. their gender-neutral, age-appropriate children.
No birthright
52 prohibits birthright. The right of an heir is believed to begin with the forefather’s death, and he is not assigned to any right in the property he would inherit if he survived until then.
Representational Doctrine
Roman, English, and Hindu inheritance laws recognise the notion of representation. A predeceased son’s son represents his father for inheritance purposes, according to these legal systems. The doctrine of representation stipulates that if any of the forefather’s legal heirs die during his or her lifetime, but the latter’s heirs are still living, such heirs are given a share in the property as they are performing their immediate generation. Muslim inheritance law doesn’t recognise representation. Closer heirs prohibit distant heirs from inheriting.
Muslim philosophers argued that a person has no access to his forefather’s property until after his death. An unfounded right can’t be inherited by a deceased individual, it’s contended.
Women’s inheritability
Under Islamic law, men and women inherit equally. If a Muslim has female heirs, his estate is shared equally between men and women. Men can’t inherit over women, but their share is usually double a woman’s. The Indian Succession Act, 1925, mentions double share for men, often known as the Parsi Law, and has remained intact since 1991.
While men and women heirs have equal inheritance rights, a female heir inherits half as much as a male successor of same standing. The rule that men’s shares are twice women’s is explained. A woman heir receives Mehr or dower and maintenance from her husband, while her male companion does not. Male heirs are responsible for their children, whereas female heirs may have this responsibility in rare cases.
Widows’ inheritability
Muslim widows can inherit. A childless Muslim widow is entitled to one-fourth of her husband’s property after funeral, legal fees, and debts. A widow with children or grandkids gets 1/8 of her husband’s estate. A Muslim man’s widow cannot inherit if he marries while unwell and dies before finishing the marriage. If her ill spouse divorces her and subsequently dies, she can inherit until she remarries.
Embryo
A live-born foetus can inherit. A living person is considered an embryo, hence their property is transmitted instantly. If a foetus dies before birth, its property is stripped and it is presumed there was no heir.
Shai vs. Sunni
Shia law equally inherits cognates and agnates. Close kinship is favoured by Sunni law.
Shia law excludes class I, II, and III heirs from class I, II, and III. Class III nears exclude remoter.
Shia and Sunni law don’t consider representation. No one can inherit in place of their parents. Shia law uses it to assess a person’s share, whereas Sunni law doesn’t.
Sunni law prohibits uterine relatives from inheriting property. She gets it when the heirs are done. A daughter’s daughter inherits her mother’s part under Shia law.
Under Shia law, when a son’s children cohabit with a daughter’s children, the son’s children are entitled to 2/3rds of the property. Sunni law forbids the daughter’s offspring from inheriting while the sharers and reliquaries are reduced.
In Shia law, the eldest son inherits his father’s sabre, Quran, and other garments. Sunni law disapproves.
Under Shia law, a half-brother by the same mother gets the property between him and his full brother’s son. Under Sunni law, the half-brother only gets 1/6th of the property and the rest goes to the full brother’s son.
Under Shia law, paternal uncles get double the shares as aunts, however under Sunni law, uncles get the entire estate and aunts get nothing.
Shia law allocates property per-stripe and Sunni law per-capita.
Shia law allows women to inherit with their sons regardless of their distance. Sunni law is opposite.
Under Shia Law, if a woman’s husband divorces her during his illness and he dies, she retains her inheritance right for one year. Under Sunni Law, she retains it till the conclusion of her probation time.
If a non-Muslim dies and leaves a Muslim and a non-Muslim heir, the Muslim heir is given preference over the non-Muslim successor, despite being remote in degree, because non-Muslims have no right to inherit under Sunni Law.
Shia law solely applies the idea of increase to the daughter and sister, but Sunni law applies it to all sharers.
Under Shia law, only willful murderers can inherit, whereas under Sunni law, everyone convicted of murder can’t.
Shia law prohibits an illegitimate child from inheriting both the father’s and mother’s property, but Sunni law allows just the mother’s. Under Shia or Sunni law, father, mother, husband, and wife are heirs.
Conclusion
In India, Muslim law is unwritten. Its foundation is the Quran. Codifying a law makes governing issues easier. Nearly every issue is codified. Muslim law offers minute details on inheritance rights, although not being codified. Shias and Sunnis divide Islam. Both subparts’ legislation have parallels and differences. This project compared Shia and Sunni inheritance regulations. Sunni law is stricter than Shia law, as we’ve said. Shia law recognises women’s rights, whereas Sunni law doesn’t. Sunni legislation prioritises men and ignores women’s needs. Muslim law seems stricter than Hindu law on inheritance rights. Muslim law was once considered more liberal than Hindu law because it prioritised women. Since Hindu Law was codified, it’s more lenient. Muslim law was the first to provide women inheritance rights and provide property paperwork. Islam has a steady, scientific, and exquisitely harmonised inheritance system.
Sources:
https://www.researchgate.net/publication/312016791_Shia_and_Sunni_Laws_of_Inheritance_A_Comparative_Analysis
https://lexcliq.com/inheritance-differences-in-shia-and-sunni-law-by-ayushi-jain-at-lexcliq/
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