Anisur Rahaman (N.A.) 20 September 2012

Islamic law for widow and her children

Hello Sir,

I have a question on the Muslim property law for a widow and her children.

Situation: A man (deceased) left behind his wife (did not marry again), 2 daughters and 1 son (all non-adults). No property from his parent is yet allocated to him at the time of his death.

Question: Now, when the property of this familty (parent of the deceased) gets divided, will the widow and her children has right to it?If yes, what proportion, if not, why? Doesn't the children (grand children for the family) of the deceased, a direct bloodline of the family? After marraige, who is the legal guardian of the widow, and her children?

Allah - The Almighty, never does wrong to us, but I do not believe human beings (sadly, me one them), as they tweak/mis-interpreate rules to fit their needs. It is a very important situation, the life of a poor widow depends on this.

Thank you in advance for your answer.

Anisur

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 20 September 2012

In Islamic there is no theory of representation, and nearer excludes the farer. I'd explain the context of your case - during their lifetime deceased man's parents are the absolute owners of their property, thre is no joint family system in Islam, at the time of their death their legal heirs would be seen. Children or widow of pre-deceased son are not legal heirs and are excluded by nearer relations such as pre-deceased man's siblings etc. This may seem inequitable but that is the law of shariat. Sadly Islamic law which was meant by the Prophet Md. PBUH to be very dynamic has lost it's flexibility and has stagnated due to vested interests. Dynamisim is the true spirit of Islam. The ability to change and mould itself to changed circumstances. There is no specific notion of what is right and what is wrong. It's all spacio temporal. At this time it seems inequitable that such grandchildren/widow should be ousted. A change is requireed !

Bharat Chugh - Advocate Supreme Court of India

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faraz khan (student) 20 September 2012

Dear sir,

I have a question regarding the court fee. what would be the court fee for getting succetion certificate of amount 1064000.under muslim succesion act in madhya pradesh?

Thank you in adwance for your answere.

Regards,