Inheritance under Muslim Law
Querist :
Anonymous
(Querist) 13 July 2011
This query is : Resolved
Dear Expert,
1) if a Muslim male dies intestate, to whom his property will go?
2) on what proportion?
3) under which ACt and section?
4) what will be the consequences if the male Muslim belongs to Shia or Sunni Community?
5)What will be the status of Woman if muslim male dies intestate?
6) and What will be the proportion if he has two wives and their respective children?
kindly advice me.
Thanks in advance.
R.Ramachandran
(Expert) 13 July 2011
A muslim can either be a sunni or a Shia. Therefore first clear this point instead of asking the answer for Shia or Sunni.
prabhakar singh
(Expert) 13 July 2011
READ MULLA TO KNOW.ITS A PERSONAL LAW MATTER OF MUSLIMS WHICH IS GOVERNED BY QURAN.NO ENACTED LAW IS THERE.A MUSLIM CAN NOT GO TESTATE FOR MORE THAN 1/3 OF PROPERTIES HE OWNS.SUCCESSION DEPENDS ON SEVERAL CONDITIONS.
Raj Kumar Makkad
(Expert) 13 July 2011
To the MALE, a portion equal to that of TWO FEMALES;
If (there are) only DAUGHTERS, two or more, their share is TWO-THIRDS of the inheritance;
If only one, her share is HALF.
For PARENTS, a SIXTH share of inheritance to EACH if the deceased left CHILDREN;
If NO CHILDREN, and the PARENTS are the (ONLY) heirs, the MOTHER has a THIRD;
If the deceased left BROTHERS or (SISTERS), the MOTHER has a SIXTH.
(The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children are nearest to you in benefit. (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.
For more details visit the following link:
http://www.muslimpersonallaw.co.za/Inheritance%20according%20to%20Islamic%20Sharia%20Law.pdf
Querist :
Anonymous
(Querist) 15 July 2011
Dear Experts,
in my case the husband is the deceased. he is Shia Muslim, with two wives alive. from first wife he has two son one is dead. from second wife, he has eight children, 3 sons and 5 daughters out of which 2 are dead.
both the wives are alive.
wht will be the proportion in such case.. pls reply.. thank u...
