Second marriage
mahak
(Querist) 29 October 2011
This query is : Resolved
Sir,
I am a sunni-muslim women.
A father of 7 (unmarried daughters and 4minor sons) children and wife without any knowledge to them about his marriage married to other lady who is actually a physico women can she get equal share in the property according to indian law and sheriya what willl be the solution please solve my problem. please guide me with reply
Khaleel Ahmed Mohammed
(Expert) 29 October 2011
Dear Mahak,
For Muslim male, having wife and number of daughters and sons are not hurdle to marry another woman as per shariath law. A Muslim male can marry four women, provided if he think he can do justice with all in equal manner. Your question about the equal rights in the property does not arise during the life time of husband. After the death of the husband , the property will be distributed to all his heirs whom he left,after the payment of his dues and his burial expenses.
Sailesh Kumar Shah
(Expert) 29 October 2011
I also agree with Mr.Khaleel Ahmed. No addition does require.
Shonee Kapoor
(Expert) 29 October 2011
100% agreed to Mr. Khaleel.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 29 October 2011
In light of Quran, the Muslim women has full right to inheritance. The Quran emphasizes on four core values i.e Insaaf (justice), ehsaan (favor), rehem (compassion) and Ilma (wisdom). If we all follow all these core values then the women will get their rights automatically and there would be no chaos. It is a fact that Quran has provided independence and right to women in all aspects. It clearly talks of daughter’s right to 1/3rd property irrespective of being movable or immovable and agricultural land is not an exception.
"Allah commands you regarding your children. For the male a share equivalent to that of two females. " [Quran 4:11]
This first principle which the Quran lays down refers to males and females of equal degree and class. This means that a son inherits a share equivalent to that of two daughters, a full (germane) brother inherits twice as much as a full sister, a son’s son inherits twice as much as a son’s daughter and so on. This principle is however, not universally applicable as we shall see later in verse 4:12, the descendants of the mother notably the uterine brother and uterine sister inherit equally as do their descendants.
"If (there are) women (daughters) more than two, then for them two thirds of the inheritance; and if there is only one then it is half." [Quran 4:11]
Women in this context refers to daughters. The Quran gives the daughter a specific share. In legal terminology the daughter is referred to as a Quranic heir or sharer (ashab al-faraid). The Quran mentions nine such obligatory sharers as we shall see later. Muslims jurists have added a further three by the juristic method of qiyas (analogy). So in Islamic jurisprudence there are a total of twelve relations who inherit as sharers.
If there are any sons the share of the daughter(s) is no longer fixed because the share of the daughter is determined by the principle that a son inherits twice as much as a daughter. In the absence of any daughters this rule is applicable to agnatic granddaughters (son's daughters). The agnatic granddaughter has been made a Quranic heir (sharer) by Muslim jurists by analogy.
If there is only a single daughter or agantic granddaughter her share is a fixed one-half, if there are two or more daughters or agnatic granddaughters then their share is two-thirds. Two or more daughters will totally exclude any granddaughters. If there is one daughter and agnatic granddaughters, the daughter inherits one-half share and the agnatic granddaughters inherit the remaining one-sixth, making a total of two-thirds. If there are agnatic grandsons amongst the heirs then the principle that the male inherits a portion equivalent to that of two females applies.
M V Gupta
(Expert) 31 October 2011
Dear Mr. Makkad,
I must thank you for setting out the rules of succession under the Shariat. You have stated that the Agri Land is not excluded from the application of the Rules. But I invite your attention to Sec. 2 of the Muslim Personal Law (Shariat) Application Act, 1937 in terms of which the Agri land is excluded from the application of the Shariat. Shall be glad to have clarification on this issue.
