Islamic personal law inheritance or Bequest


Muslim personal law governs various aspects of the lives of Muslims, including inheritance and bequest. In Islamic law, inheritance is regulated by a specific system known as “Faraid,” which outlines the distribution of assets upon a person’s death. The principles of Faraid are derived from the Quran and the teachings of Prophet Muhammad (peace be upon him).Under Muslim personal law, certain individuals are entitled to receive a fixed share of the deceased’s estate, while others may receive a discretionary share through a bequest (wasiyyah). The specific shares and distribution are determined based on the relationships of the heirs to the deceased.Here is a general overview of the principles of inheritance in Muslim personal law:1. Faraid: This system prescribes fixed shares for certain relatives, known as “sharers” or “compulsory heirs.” The shares are determined based on the degree of relationship to the deceased and are generally divided among the following categories: a. Qur’anic heirs: These include parents, children (including adopted children in certain circumstances), and spouses. b. Residuaries: If there are no Qur’anic heirs, the remaining assets are distributed among residuaries, which may include grandparents, siblings, and other relatives.2. Bequest (Wasiyyah): In addition to the fixed shares outlined by Faraid, a person can allocate up to one-third (1/3) of their estate through a will or bequest. This portion is subject to the wishes of the deceased and can be distributed among heirs or given to non-heirs, charitable causes, or any other permissible beneficiaries.It’s important to note that the specific shares and rules regarding inheritance may vary in different schools of Islamic jurisprudence (such as Hanafi, Shafi’i, Maliki, and Hanbali). Also, local legal systems in different countries may have their own interpretations and regulations regarding Muslim personal law inheritance. Therefore, it is advisable to consult with a qualified Islamic scholar or legal expert who can provide guidance based on the specific jurisdiction and circumstances involved.Remember, this is a general overview, and the details of inheritance and bequest in Muslim personal law can be complex. Consulting with a knowledgeable expert is crucial to ensure accurate understanding and compliance with the applicable laws and regulations.

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