Succession under Muslim Law: Inheritance Rules and Rules for Heirs

Succession under Muslim Law: Focusing on Subtopics: Inheritance Rules, Rules for Heirs

Succession, or the passing down of assets from one generation to another, plays a crucial role not just economically and socially but also culturally for communities around the world. For Muslims, succession is governed by Islamic law, commonly known as Sharia law. Here we delve into the intricacies of succession under Muslim law, specifically focusing on the subtopics of inheritance rules and rules for heirs.

Inheritance Rules

Under Islamic law, the concept of 'inheritance' is deeply intertwined with the principles of Sharia, which forms the backbone of Islamic society and culture. Inheritance, as understood in this context, refers to the act of bequeathing a portion of the deceased individual's wealth to the heirs specified by the Qu'ran. There are certain fundamental rules governing the division of inheritance that cater to different circumstances.

Per Capita vs. Per Strip

Two primary methods of distributing inheritance under Muslim law are the per capita (per head) and the per stirpes (per branch) systems. Under the per capita system, the total estate is divided equally among the heirs. Conversely, the per stirpes system distributes property according to the branches or lineage of the deceased person. To illustrate, let's consider a scenario where a father leaves behind four children—two daughters and two sons. Following the per capita system, the total estate would be divided equally among them, resulting in each receiving 25% of the estate. However, under the per stirpes system, the property would be divided based on the branches of inheritance—the sons inheriting one branch and the daughters inheriting another, leading to different shares depending on the number of people in each branch.

Rules for Heirs

Gender Equality

Muslim law upholds gender equality when it comes to inheritance rights. Both male and female heirs are entitled to their share of the deceased person's wealth. However, there are certain circumstances where women may receive a reduced portion due to the differences in the social roles of men and women during the time of the Prophet Muhammad. These differences led to the institution of mehr (dowry), which was not available to men, resulting in them having only the inherited assets to maintain themselves.

Age and Competence

Under Islamic law, heirs must come of age before they can claim their rightful share. In other words, minors do not have the capacity to inherit until they reach a certain age, such as puberty or majority. Similarly, mental incapacity also affects an individual's ability to claim their share of inheritance. For instance, if a person has a child with special needs and cannot manage his affairs, he would need to assign someone else to oversee his estate and distribute it accordingly.

Birthright vs. Marital Property

Muslim law considers birthright as distinct from marital property. Once a woman gets married, her marital assets are separate from her inherited wealth. This means that upon marriage, she receives the mehr (dowry) belonging to her husband and is entitled to her own mother's inheritance. Any jointly acquired assets during the marriage remain personal property for each spouse.

Testimonial Succession

In cases where testamentary succession is involved, meaning the deceased had made a will before passing away, Islamic law allows for the execution of the will if it conforms to the principles of Sharia. For instance, if a Muslim man leaves behind a will naming an inheritor outside the guidelines laid down in the Quran, such as a non-Muslim, the will would not be valid due to its inconsistency with Islamic law. On the other hand, if the will complies with Islamic law, such as by distributing assets among surviving children and spouses, then this would be considered valid and executed accordingly.